Personal Use Marijuana Charges in North Carolina– An Overview

by | Jun 6, 2018 | Blog Posts, NC Criminal Defense

Personal Use Marijuana Charges in North Carolinapersonal use marijuana charges

We have written a few blogs on the subject of marijuana charges in North Carolina. However, this is such a popular topic that we thought we would write another blog on this subject. So, we have written an overview guide to personal use marijuana charges in North Carolina.

Possession of Marijuana Less than a Half an Ounce

In North Carolina, the least serious marijuana charge is possession of marijuana less than a half an ounce. In fact, you cannot be arrested for this offense. This is probably the most common marijuana charge in North Carolina.

Possession of marijuana less than a half ounce in North Carolina is a class 3 misdemeanor. This is the least serious class of misdemeanors (click here to learn more about the various classes of misdemeanors in NC). In fact, statutorily, you cannot receive jail time for this charge. This means that, despite how extensive your criminal record is, you cannot go to jail for this criminal charge in North Carolina.

Possession of Marijuana Between 0.5 – 1.5 Ounces

Possession of Marijuana between 0.5 – 1.5 ounces is a Class 1 misdemeanor. Unlike possession of marijuana less than a half ounce, you can be arrested for this charge. Further, you can be sentence to an active jail sentence. Depending on your prior criminal record, you can face up to 120 days in jail. You can also face fines.

Possession of Marijuana More than 1.5 Ounces

Possession of marijuana more than 1.5 ounces is a felony in North Carolina. This marijuana crime is Class I felony. This is the lowest level felony in NC.

Possession of Marijuana Paraphernalia

Possession of marijuana paraphernalia in North Carolina is a different crime than possession of drug paraphernalia in North Carolina. As you can probably guess, it is less serious. Possession of drug paraphernalia is a class 1 misdemeanor, which is two classes higher than possession of marijuana paraphernalia. Depending on your prior criminal record, you can face up to 120 days in jail for possession of drug paraphernalia. On the other hand, possession of marijuana paraphernalia is a class 3 misdemeanor. You will note that this is the same class as possession of marijuana less than a half an ounce. Depending on your prior criminal record, you can face up to 20 days in jail for possession of marijuana paraphernalia. You will note that this differs from possession of marijuana less than a half ounce, where you cannot be sentenced to any jail time.

CBD and Hemp

To read about CBD and hemp laws in North Carolina, click here.

If you have been charged with marijuana possession or any other drug crime in North Carolina,  contact us.

DISCLAIMER – This forum is intended for general questions and comments about the particular law or topic. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. Please refrain from revealing your identify or specifics about any actual criminal case. No attorney-client relationship is created in this forum.

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