Is marijuana illegal in North Carolina?

Yes, marijuana is illegal in North Carolina, including Charlotte and Mecklenburg County. Despite legalization in other states, cannabis is still prohibited for possession, distribution, sale, and use in North Carolina under the Controlled Substances Act.

What are the penalties for simple possession of marijuana in North Carolina?

For simple possession of marijuana, if you have less than 0.5 ounces, it is a Class 3 misdemeanor, which can result in a fine of up to $200. Possessing between 0.5 and 1.5 ounces can lead to a Class 1 misdemeanor charge with a fine and up to 120 days in jail.

What is the penalty for felony marijuana possession?

Possessing 1.5 ounces or more of marijuana is a felony charge. Possession between 1.5 ounces and 10 pounds is a Class I felony, which can result in 3 to 12 months in prison. Possessing more than 10 pounds may lead to trafficking charges, which carry more severe mandatory minimum sentences.

What are marijuana paraphernalia charges?

Marijuana paraphernalia charges involve possessing items used for marijuana cultivation, ingestion, or distribution. Possessing marijuana paraphernalia is a Class 3 misdemeanor, while drug paraphernalia involving other controlled substances is a Class 1 misdemeanor.

What is possession with intent to distribute marijuana?

Possession with intent to distribute marijuana can lead to felony charges. The evidence does not need to be based on the quantity of marijuana but can involve packaging materials, scales, or evidence of sale or distribution activities.

What are the consequences of marijuana trafficking in North Carolina?

Marijuana trafficking is charged when you possess large amounts of cannabis. Trafficking charges can result in severe penalties depending on the amount: 10-50 pounds may lead to 25-30 months in prison, 50-2,000 pounds may result in 35-42 months, and 2,000-10,000 pounds can lead to 70-84 months. More than 10,000 pounds is punishable by up to 219 months in prison.

Can marijuana charges be federal?

Yes, marijuana charges can be federal if the drug is moved across state lines or transported using the U.S. mail. Federal charges for marijuana trafficking or criminal conspiracy can result in harsh penalties, including lengthy federal prison sentences.

What defenses can be used against marijuana charges?

Defenses against marijuana charges may include demonstrating that the search and seizure were illegal, challenging the reliability of drug-sniffing dogs, disputing the legality of a traffic stop, or showing that the drugs were not knowingly and intentionally possessed.

Charlotte Marijuana Defense Attorney

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If you are arrested and charged with a marijuana offense in North Carolina, we recommend hiring a marijuana defense attorney. You are going to need the help of a knowledgeable and experienced criminal lawyer in Charlotte to build a strong defense and fight for the charges to be dismissed or for you to be acquitted at trial.

To discuss how we can help you in Mecklenburg County and surrounding areas, call Randall & Stump, Criminal Defense Attorneys at (980) 237-4579 or contact us through our online form.

What is the Legal Status of Marijuana in North Carolina?

At Randall & Stump, Criminal Defense Attorneys, we know that people have many different views on marijuana. Legalization of the drug is growing in popularity across the country. Unfortunately, changing attitudes do not alter North Carolina’s Controlled Substances Act and other criminal statutes.

Marijuana is still illegal in North Carolina, including Mecklenburg County and surrounding areas. While cannabis has been legalized for medical and recreational use in other states, here in Charlotte and the rest of the state, it is still illegal. You cannot grow it, possess it, distribute it, sell it, or ingest marijuana in any way. If you do, you could face serious penalties.

Types of Marijuana Charges in North Carolina

Our marijuana defense attorneys at Randall & Stump, Criminal Defense Attorneys are experienced in defending against:

Simple Possession of Marijuana

Marijuana possession is illegal in Charlotte. Depending on the amount of drug you have, you may face a misdemeanor or felony charge.

A simple possession charge is a Class 3 misdemeanor, punishable by a fine, if you have less than 0.5 ounces of marijuana. You may have to pay a $200 fine and other fees, but you may be able to avoid jail time. However, this charge is often partnered with a marijuana or drug paraphernalia charge. With these two separate charges, you could be looking at time in jail and higher fines, depending on your criminal record.

When you have between 0.5 and 1.5 ounces, then misdemeanor possession of marijuana is a Class 1 misdemeanor. This can be punished with a fine and up to 120 days in jail.

Felony Marijuana Possession Charges

You will face felony marijuana charges if you possess 1.5 ounces or more of cannabis. This is true even if it is a first-time possession of marijuana offense. Your criminal background may impact your sentence, but your charge will be based on the amount of drug in your actual or constructive possession.

Between 1.5 ounces and 10 pounds of cannabis, you will face a Class I felony offense. Depending on the seriousness of the crime and your criminal history, you may be imprisoned for between three and 12 months. You can also be fined and sentenced to probation.

If you have more than 10 pounds of cannabis, you can be charged with marijuana trafficking, which is more harshly punished with mandatory minimum prison sentences.

Marijuana Paraphernalia Charges

If you possess tools that can be used to grow, harvest, manufacture, convert, produce, prepare, package, store, ingest, or otherwise partake of marijuana or other drugs, you can be charged with a marijuana paraphernalia offense or a drug paraphernalia offense.

Under North Carolina law, these are two different crimes. Possession of marijuana paraphernalia is a Class 3 misdemeanor, punishable by up to 20 days in jail and a $200 fine. Possession of drug paraphernalia is a Class 1 misdemeanor, punishable by up to 120 days in jail and a fine.

When tools associated with other controlled substances—such as cocaine or meth—are found, you may face the higher charge.

Possession With Intent to Sell and Deliver

You could also be charged with a crime for possession with intent to distribute. Under this offense, the quantity of cannabis is not always relevant. Instead, the arresting officer may base the charge on evidence that you could have distributed, delivered, or sold the drug.

This may come from the possession of baggies and scales, the way the drugs were packaged, or communications regarding passing the drug between you and one or more other people. Possession with the intent to sell marijuana is a Class I felony or higher.

Maintaining a Dwelling or Vehicle for Purpose of Distribution

You can be charged with an offense if there is evidence you used an apartment, house, boat, or vehicle to sell drugs out of. This charge is not based on the quantity of the drug, but instead, on the evidence, the officer has that you were using the dwelling or vehicle to store the marijuana.

This does not have to be a home with your name on the lease or mortgage, or a vehicle with your name on the title. It could be a store you work at, a friend’s vehicle, a house or apartment you rent, or a family member’s home. You may be charged with a misdemeanor crime for knowingly using a vehicle or dwelling to distribute drugs. You can be charged with a felony if you did so intentionally.

Marijuana Cultivation

If you are found to be growing or helping cultivate marijuana for consumption, delivery, or sale, then you can face more serious charges. Cultivation of cannabis is a felony and can be punished with months or years in prison.

Marijuana Trafficking

North Carolina law regarding marijuana trafficking can lead to harsh charges and penalties. There are four levels for drug trafficking based on the weight of cannabis. It does not matter what you did with the drug or what you intended to do with the drug. Though you may face a felony charge, this is different than felony possession.

Marijuana trafficking is subject to mandatory minimum sentences. Ten to 50 pounds of cannabis is a Class H felony, subject to 25 to 30 months in prison and a $5,000 fine; 50 to 2,000 pounds is a Class G felony, punishable by 35 to 42 months in prison and a $25,000 fine; 2,000 to 10,000 pounds is a Class F felony punishable with 70 to 84 months in prison and a $50,000 fine; and more than 10,000 pounds is a Class D felony, punishable by 175 to 219 months in prison and a $200,000 fine.

Criminal Conspiracy

If the prosecutor believes they have evidence of your involvement with others in a marijuana crime, but not evidence of your committing that crime, you may be charged with conspiracy. Prosecutors will often charge you with criminal conspiracy in addition to other marijuana offenses, which can increase your potential term of incarceration.

Federal Marijuana Charges

Marijuana crimes can be charged at the state or federal level. There are numerous ways in which a drug offense can become a federal matter. Two of the most common ways are to use the mail or moving a drug across state lines.

For example, you may go to Colorado or Washington for vacation. Recreational marijuana is legal in both states. You might lawfully purchase cannabis and related products, and then ship them back to North Carolina. By using the U.S. mail system—even if you use FedEx or UPS—you can be charged with a federal drug crime. Also, flying with marijuana from another country or state into North Carolina is a federal offense.

What Is Considered Possession Under NC Law?

You should know there are two ways in which prosecutors can prove you possessed marijuana. The first is actual possession. This means it is actually on your person, such as in your pocket. The second is constructive possession, which means it is in a place where you can access it, use it, or dispose of it. Another way to look at constructive possession is that a prosecutor will claim you had control over the drug.

The issue of possession can be much more complicated than you think. You may be charged with possessing marijuana you were unaware of. If you borrowed a friend’s car and they had marijuana under the driver’s seat, you could face charges despite not knowing it was there. In this type of situation, it is essential you call a marijuana defense lawyer for help.

Defending Against Marijuana Charges in Mecklenburg County

When you are facing one or more marijuana-related charges, it is essential that you contact a skilled and experienced marijuana lawyer. There are many potential defenses to marijuana crimes. Depending on the circumstances, we may defend you against marijuana charges by demonstrating:

You were subject to an illegal search and seizure—This may include a search of your vehicle or home without probable cause, permission, or exigent circumstances.
The dogs used to sniff for drugs were unreliable—They may have a history of false positives.
Your charges arose from an illegal traffic stop—The officer did not have reasonable suspicion to pull you over.
An unreliable informant lied about you to improve their own situation.
The police officers improperly weighed the drugs—This can cause you to improperly face higher charges and potential penalties.
Challenges to whether you knowingly and intentionally possessed the drugs