Charlotte Criminal Lawyer Blog
Is Marijuana Legal in North Carolina?
Marijuana is a common drug in the United States and elsewhere. According to the Centers for Disease Control and Prevention (CDC), more than 52 million Americans have used cannabis at least once. That equals about 19% of the population. Although marijuana is quite popular, it is considered a controlled substance. The use of marijuana is illegal both federally and in the state of North Carolina. It is helpful to understand the laws that govern the use, possession, and sale of marijuana, and the penalties for violating the law.
What is Marijuana?
Marijuana is a mind-altering substance that is under the main category of cannabis. THC (tetrahydrocannabinol), one of the compounds in cannabis, is psychoactive and is what causes someone to get “high”. Another compound in cannabis, CBD (cannabidiol), is a substance in cannabis that is non-intoxicating and is used for legal products such as gummies that are useful for pain relief. Marijuana contains THC, which is a restricted substance.
Marijuana is a Controlled Substance
Controlled substances include a variety of street drugs as well as prescription medications. The federal government, as well as North Carolina law, provides classifications of controlled substances, called schedules. The North Carolina Controlled Substances Act classifies marijuana as a Schedule VI controlled substance. A Schedule VI drug has a low potential for abuse and a limited risk of physical dependence. Although it is not considered as dangerous as some other drugs, it is still illegal in North Carolina.
Is it Legal to Possess Marijuana in North Carolina?
Marijuana has not been decriminalized in North Carolina. However, the possession of a small amount of marijuana is a minor offense. The possession of less than 0.5 ounces (half an ounce) is a Class 3 misdemeanor. If you are found in possession of less than half an ounce, you will receive a citation with up to a $200 fine, but you will not face jail time. Possession of more than .5 ounces up to 1.5 ounces is a Class 1 misdemeanor. If convicted, the penalties include fines and up to 120 days in jail.
The possession of more than 1.5 ounces and less than 10 pounds is a Class I felony with penalties that could include up to 8 months in jail. If you possess more than 10 pounds of marijuana, the law considers it possession with intent to distribute or sell. Selling, cultivating, manufacturing, or delivering controlled substances, including marijuana, is a felony offense. The penalties depend on factors such as the amount of marijuana and include mandatory jail sentences and fines.
Is Medical Marijuana Legal in North Carolina?
Medical marijuana is currently illegal in North Carolina. There is North Carolina legislation being considered, called the Compassionate Care Act, that would allow the use of medical marijuana for specific medical needs. Until the legislation passes, you are not allowed to possess marijuana, even for medical reasons.
If you have been charged with possession of marijuana, we can help. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our experienced criminal defense legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/byarticle/chapter_90/article_5.html
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