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| Marijuana Laws in North Carolina | |||
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| POSSESSION | |||
| 1/2 oz or less | misdemeanor | 30 days* | $200 |
| 1/2 to 1 1/2 oz | misdemeanor | 1 - 120 days** | $500 |
| More than 1 1/2 oz | felony | up to 12 months | Discretionary Fine |
| *Suspended sentence mandatory. **Community service or probation possible. 45 maximum for those with a clear record. |
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| SALE OR CULTIVATION | |||
| Up to 10 lbs | felony | up to 12 months | not more than $5,000 |
| 10 to 50 lbs | felony | 25 months and up to 30 months MMS*** | not more than $5,000 |
| 50 to 2000 lbs | felony | 35 months and up to 42 months MMS*** | not more than $25,000 |
| 2000 to 10,000 lbs | felony | 70 months and up to 84 months MMS*** | not more than $50,000 |
| 10,000 lbs or more | felony | 179 months and up to 219 months MMS*** | not more than $200,000 |
| Within 300 feet of school zone | felony | increased penalty | increased penalty |
| Sale to a minor if seller is over age 21 or sale to a pregnant woman | felony | increased penalty | increased penalty |
| ***Mandatory minimum sentence. | |||
| MISCELLANEOUS | |||
| Paraphernalia possession | misdemeanor | 6 months | variable |
| DETAILS | |||
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Possession of one half ounce or less is punishable by up to 30 days in jail, most likely suspended. Possession of greater than one half ounce is punishable by 1 - 120 days in jail, with a possibility of community service or probation in lieu of jail. Possession greater than 1.5 ounces increases the penalties to up to 12 months in jail. Manufacture, Cultivation, sale or delivery of less than five grams, for no remuneration (payment, barter, or exchange of any kind) is considered possession and not sale. For amounts of ten pounds or less, the penalty is up to 12 months in jail. Penalties for sale, delivery or manufacture are increased if the sale occurs within 300 feet of a school zone if the offender is over 21 and if the sale was made to a minor or to a pregnant woman. Possession of paraphernalia is punishable by up to six months in jail. |
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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge. Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation. Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section. Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids. For more information, see NORML's Drugged Driving (DUID) report. Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties . |
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