Is Marijuana Still Illegal Under North Carolina Law?
Ever wondered if marijuana is illegal in North Carolina? Well, it is.
While other states are working to legalize the drug for recreational purposes, North Carolina is not among them. In fact, the mere possession of marijuana may fall under several different criminal offenses, depending on the amount involved, including:
- Possession of up to one-half ounce is a class 3 misdemeanor
- Possession of one-half ounce to one and one-half ounces is a class 1 misdemeanor
- Possession of more than one and one-half ounces is a class I felony
However, marijuana possession is simply one criminal offense among many. For instance, anyone in North Carolina accused of selling, manufacturing, transporting or possessing more than 10 pounds of the drug may face felony charges of trafficking in marijuana, which is punishable by a mandatory jail sentence of at least 25 months and a $5,000 fine.
It is important to remember, however, that as the amount of marijuana increases, so does the punishment, which is why it is best to contact a lawyer as soon as possible.
What If I’m Just Using CBD?
While CBD is legal in North Carolina, police officers can have issues telling the difference between CBD and marijuana. This can lead to them arresting and charging people with drug possession, even if all they’re using is a CBD product.
The issue lies with distinguishing CBD from marijuana. In many cases legal CBD products like hemp, look, smell and burn the same as marijuana. Legally, CBD is only different from its illegal counterpart by its THC content. The law states that a legal product must contain less than .3% THC.
It’s come to light that the North Carolina State Crime Lab does not have a method for testing THC content. They can only test whether or not a substance contains THC, not how much. Bearing in mind that the key factor in legal vs. illegal products lies in how much THC a product has, this presents a problem when it comes to arrests and drug charges.
With all this potential confusion, it’s crucial to get the right legal defense if arrested for drug charges in any circumstances.
Contact Us Today To Schedule A Free Criminal Defense Consultation
At Nixon Law Offices, PA, I understand how overwhelming it can be to deal with the criminal charges, particularly when those charges may result in jail time. Fortunately, I am here to help.
I am dedicated to doing everything I can to help you safeguard your future, whether that involves efforts to keep you out of jail, clean up your criminal record, protect your standing as a college student, or take advantage of treatment and diversion programs. Quite simply, my primary goal is to help you meet your distinct legal needs, whatever they may be.
Schedule your free initial consultation with me, an experienced criminal defense attorney today. Call me at 336-885-5959, or reach out to us online. While my main office is located in High Point, I defend clients throughout the Guilford county.