Mug Shot

Is It Ever Legal To Possess Marijuana In North Carolina?

Is Marijuana Legal in North Carolina?

There is much debate whether marijuana should be legalized in the United States. Marijuana is known by many other names, including weed, pot, and cannabis. Marijuana is a naturally grown plant that some people believe is not physiologically addictive; however, there is much debate about this subject. Many states legalized medical marijuana for use with a doctor’s prescription; however, some states have now made it legal to possess marijuana for recreational use. North Carolina is not one of those states.

Can I Possess Marijuana in North Carolina?

Marijuana is still classified under North Carolina criminal laws as a controlled substance. Cultivating, selling, or possessing marijuana or marijuana paraphernalia is a crime in North Carolina. While the penalties for these crimes may be less than the penalties for crimes associated with other controlled substances, a marijuana charge is still very serious. It can have serious negative consequences if you are convicted. Do not take a marijuana charge lightly — you need a Jacksonville marijuana attorney to assist you with your defense.

Are you facing a marijuana charge in North Carolina? Call The Trevor J. Avery Law Firm today at (910) 405-8459 or contact us online today to start your defense!

What are the Charges for Marijuana Possession in North Carolina? 

North Carolina divides controlled substances and narcotics into separate categories. Each category is treated differently under North Carolina drug laws. Synthetic cannabinoids and marijuana are Schedule VI drugs (no other drugs are included in this schedule). If you possess marijuana in North Carolina, you will be arrested.

Currently, the drug laws of North Carolina make it illegal to:

  • Grow, sell, or deliver marijuana;
  • Possess marijuana with the intent to grow, sell, or deliver;
  • Possess marijuana in any amount; and,
  • Create or sell counterfeit marijuana.

The marijuana charge you face will depend on the amount of marijuana in your possession at the time of arrest and your intent with regard to the marijuana. For example, if you possess less than an ounce of marijuana, it is a Class 3 misdemeanor, while possession of half an ounce to an ounce and a half of marijuana is a Class 1 misdemeanor.

Not all marijuana charges are misdemeanors. It is a Class 1 felony to possess marijuana of 10 pounds or more, and growing, selling, or delivering marijuana is also a Class 1 felony.

What is the Penalty for a Marijuana Charge in North Carolina?

North Carolina judges will consider your past criminal history when sentencing you for a marijuana crime. If this is your first offense, you could receive up to 10 days in jail for a Class 3 misdemeanor, up to 45 days for a Class 1 misdemeanor, and 4 to 6 months in jail for a Class 1 felony. In some cases, your jail time for a misdemeanor may be converted to probation and/or community service if you can convince the judge that you deserve a lesser punishment than jail time.

First offenders who meet eligibility requirements may be allowed to participate in a deferral program. The program requires the participant to take classes for three weeks, keep a clean criminal record, and be subject to random drug tests. If you have been arrested on a marijuana charge, contact our office to schedule a consultation. Our attorneys have extensive experience defending marijuana charges in Duplin County, Onslow County, and the surrounding communities.

Contact an Experienced Jacksonville Criminal Defense Attorney

Welch and Harris, LLP is a full-service Jacksonville Criminal, and Civil law firm committed to providing results-driven legal representation to businesses and individuals seeking an alternative to large-firm representation. We focus on getting you the results you want while offering a cost-effective solution to your legal needs. We understand that we work for our clients; therefore, our attorneys communicate regularly to ensure that the client knows what is going on with the case.

When you have legal problems, you need an experienced legal professional in your corner. No matter the case, you should have an attorney working for you who knows the law and has the experience to get results. We represent clients throughout Duplin County, Onslow County, and the surrounding communities.

Contact The Trevor J. Avery Law Firm today for a FREE case evaluation!