North Carolina Marijuana Laws: Is Marijuana Legal in North Carolina?
Marijuana is not legal in North Carolina. North Carolina marijuana laws carry penalties of incarceration, fines, and marijuana reform treatment for possession charges. Additionally, possessing drug paraphernalia and distribution supplies such as measuring equipment or baggies will likely be used as evidence of your intent to sell, which can exacerbate your charges. Learn more about North Carolina's marijuana laws below.
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UPDATED: Oct 21, 2024
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UPDATED: Oct 21, 2024
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Possession of marijuana in North Carolina is a crime. Currently, there is a state bill working its way through North Carolina’s legislative process that, if passed, would mean medical marijuana legalization and decriminalization. However, it is important to remember that even if medical marijuana programs were made legal according to North Carolina state law, possession of marijuana for any purpose would still be illegal under federal law.
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What are the penalties for the possession of marijuana in North Carolina?
If you are arrested for drug crimes charges relating to North Carolina possession of marijuana, the penalties you will face often depend on the amount of marijuana you possessed and what you intended to do with it. North Carolina marijuana possession penalties include incarceration, fines, and marijuana addiction treatment program. Individuals who possess small amounts of recreational cannabis for personal use almost always face more lenient penalties than those with large amounts or who intend to distribute the marijuana. Also, possession of synthetic forms of marijuana (tetrahydrocannabinols) or concentrated marijuana (hashish) typically brings stiffer penalties in North Carolina than does possession of regular marijuana. The chemical substance known as K2, as well as other cannabinoids that attempt to imitate the effects of marijuana, is still legal in North Carolina.
It is not a requirement for being charged with selling or trafficking marijuana in North Carolina that you be caught in the act of moving or selling it. In North Carolina, simply possessing any amount of marijuana over 10 lbs. will result in the same penalties as selling or growing marijuana. Additionally, possessing drug paraphernalia and distribution supplies such as measuring equipment or baggies will likely be used as evidence of your intent to sell. The difference between a charge of selling marijuana and a possession charge can be the difference between a felony or misdemeanor conviction, depending on the amount. The table below details the penalties in North Carolina for acts related to the possession and distribution of marijuana in the state. Keep in mind that separate penalties exist under federal law. Because of the complicated interplay of state and federal law, specific penalties will vary depending on your particular circumstances, so consulting an experienced North Carolina criminal attorney could be in your best interests.
North Carolina Marijuana Penalties Table
| Activity 1 | Amount | Incarceration | Fine 6 | Charge | |
|---|---|---|---|---|---|
| Possession Through 10 lbs | 0.5 oz or less 1 | Probation 5 | $200 max | Misdemeanor (3) | |
| Over 0.5 oz through 1.5 oz | Probation 5 | Misdemeanor (1) | |||
| Over 1.5 oz through 10 lbs | 3-8 months in jail3 | Class I Felony | |||
| Cultivation, Distribution 1, or Possession Over 10 lbs | 10 lbs or less | Grow or Gift 1 | 3-8 months3 | Class I Felony | |
| Sale | 4-8 months 3 | Class H Felony | |||
| Over 10 lbs to 50 lbs | 25-30 months | $5,000 min | Class H Felony | ||
| 50 lbs to 2,000 lbs | 35-42 months | $25,000 min | Class G Felony | ||
| 2,000 to 10,000 lbs | 70-84 months | $50,000 min | Class F Felony | ||
| 10,000 lbs or more | 175-219 months | $200,000 min | Class D Felony | ||
| Any amount within 1,000 ft of a park, school, or child care center 2 | 15-31 months 3 | Class E Felony | |||
| Sales to those: | 13 & Under 4 | 44-92 months 3 | Class C Felony | ||
| Over 13 to 16 or pregnant 4 | 38-80 months 3 | Class D Felony | |||
- Those who gift amounts of marijuana that are less than 5 grams face only possession charges.
- Only applies to perpetrators over 21 who cultivate or distribute cannabis, not possess.
- Sentencing may vary from the indicated range, especially in cases with prior convictions.
- Lack of knowledge of the age or pregnancy of the buyer is not a defense.
- Imprisonment can apply in cases with past cannabis convictions.
- Unless noted, fines are at the court’s discretion.
Follow this link for more information about North Carolina Marijuana Laws and North Carolina Medical Marijuana Laws
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.