Marijuana Charges |
The state of North Carolina drug laws has not officially decriminalized the possession of any amount of marijuana; however, existing North Carolina marijuana legalization legislation and laws do treat first time offenders with small amounts rather favorably. For example, first time offenders in possession of less than 14 grams will automatically have their sentence suspended, while possession of up to eleven and a half ounces for first time offenders will most likely not result in incarceration, however, it is possible. According to the federal Department of Justice, law enforcement in the state of North Carolina routinely makes over 20,000 arrests annually on marijuana related charges. Additionally, the DEA reports that North Carolina produces close to 50,000 pounds of marijuana annually, with an estimated street value of up to $329 million.
Medical Marijuana Users
North Carolina has no medical marijuana laws on the books as of August 2009.
Non-Medical Users:
North Carolina classifies all users as non-medical. The state has lenient penalties for lower possession charges. Currently, the state judicial system has set up standard conditional release and alternative sentencing programs for users facing their first charges. The state also operates Marijuana Tax Stamp laws, which are $3.50 per gram and have a penalty of 140% for non-payment, which depending of the amount in your possession, may lead to rather expensive fines.
Penalties for Marijuana Use in California:
| Possession of ½ ounce or less | Misdemeanor | Penalties include up to 30 days in jail and a $200 fine |
| Possession of more ½ to 11/2 ounce | Misdemeanor | Penalties include 1-120 days of jail time and fines up to $500 |
| Possession of more than 1 ½ ounce | Felony | Penalties include up to 12 months of jail time and a discretionary fine |
Penalties for Growing, Selling and Trafficking:
Sale or Cultivation:
| 10 pounds or less | Felony | Penalties include up to 12 months in jail and a $5,000 fine |
| 10 to 50 pounds | Felony | Penalties include a mandatory minimum of 25 months and a fine of $5,000 |
| 50 to 2000 pounds | Felony | Penalties include a mandatory minimum of 35 months and a fine of $25,000 |
| 2,000 to 10,000 pounds | Felony | Penalties include a mandatory minimum of 70 months and a fine of $55,000 |
| More than 10,000 pounds | Felony | Penalties include a mandatory minimum of 179 months and a fine of $200,000 |
| 300 feet and closer to a school zone | Felony | Increased penalty |
| Sale to minors by seller over age 21 and sale to a pregnant woman | Felony | Increased penalty |
Paraphernalia:
| Possession of paraphernalia | Misdemeanor | Penalties include up to 6 months in jail and a fine |
Penalties for Driving Under the Influence of Marijuana (DUID)
North Carolina has no DUID or driving under the influence of marijuana laws, though it does for schedule 1 controlled substances and their metabolites. Currently, the state of North Carolina adheres to the categorization of cannabis as a schedule 4 drug.
Legal Help with a Marijuana Offense
If you have been charged with a marijuana-related offense in North Carolina, you should seek a marijuana attorney. California has many options in place for those accused of small possession crimes and has mandatory minimums in place for other types of marijuana offence. A marijuana attorney knows all of these laws and can guide you through the process to ensure your rights are met and you receive the best judgment possible, be it a plea bargain or even dismissal.
