Introduction

While many states across the U.S. have embraced the legalization or decriminalization of cannabis, North Carolina continues to impose criminal penalties for marijuana possession. Even small amounts can result in fines, criminal records, and, in some cases, jail time.

Whether you’re a North Carolina resident or just passing through, it’s important to know the current marijuana laws and the legal consequences you could face if charged with possession.

This guide outlines the key marijuana possession laws in NC, the penalties based on quantity and intent, and your legal options if you’re facing charges.

Is Marijuana Legal in North Carolina?

No. Marijuana is not legal for recreational use in North Carolina.

While there has been some discussion around legalization and medical cannabis legislation, North Carolina law still classifies marijuana as a Schedule VI controlled substance, which is the lowest level but still illegal.

As of now:

Recreational use is illegal
Medical marijuana is not broadly available (only low-THC CBD oil is legal for limited medical conditions)

For the latest updates, visit the North Carolina General Assembly or NORML.org – NC Marijuana Laws.

Classification of Marijuana Under North Carolina Law

Marijuana is classified as a Schedule VI substance under NC General Statute § 90-94. While Schedule VI drugs are considered to have a low potential for abuse, possession is still illegal and punishable under state law.

The severity of penalties depends on:

The amount in possession
Whether it’s a first offense
If there is evidence of intent to sell or distribute

Penalties for Simple Possession of Marijuana in NC

Less than 0.5 Ounces (First Offense)

Class 3 misdemeanor
Up to $200 fine
No jail time
Eligible for expungement in many cases

0.5 to 1.5 Ounces

Class 1 misdemeanor
Up to 45 days in jail
Possible supersised probation or community service
Criminal record

1.5 Ounces to 10 Pounds

Class I felony
3 to 8 months of jail time
Possible fines and probation

As you can see, even possession of slightly over 1.5 ounces moves the offense into felony territory.

Possession with Intent to Sell or Distribute (PWISD)

Charges escalate significantly if law enforcement believes you intended to distribute or sell marijuana. This can happen even without catching you in the act.

What triggers PWISD charges?

Large amounts of marijuana
Scales, baggies, or packaging materials
Significant amounts of cash
Communication evidence (texts, calls, etc.)

Penalties:

10 pounds to 50 pounds:
- Class H felony
- 25 to 30 months in prison
- Mandatory minimum sentence
50 to 2,000 pounds:
- Class G felony
- 35 to 51 months in prison
Over 2,000 pounds:
- Class F felony
- 70 to 93 months in prison

Possession with intent is taken seriously in North Carolina, and trafficking charges come with mandatory prison time.

Marijuana Possession by Minors

Minors caught with marijuana are still subject to penalties, but their cases may be handled in juvenile court.

Possible outcomes include:

Drug education or treatment programs
Community service
Probation
Placement in a juvenile detention facility for repeat offenses

If a minor is charged as an adult, the consequences can be much more severe.

Marijuana in a Vehicle: Special Rules

If you’re stopped by police and marijuana is found in your vehicle, you may face additional charges, such as:

Open container violation
Intent to distribute if the quantity is large
DWI if the officer suspects impairment

Even the smell of marijuana can give an officer probable cause to search your vehicle. Know your rights and contact a lawyer immediately if this happens.

Medical Marijuana in North Carolina

North Carolina has a very limited medical cannabis program. As of now, only hemp-derived CBD oil with less than 0.9% THC is legal for individuals with intractable epilepsy and similar conditions, under the North Carolina Epilepsy Alternative Treatment Act.

There is no protection for general medical use of marijuana. A doctor’s note from another state will not protect you from possession charges in NC.

Can Marijuana Charges Be Expunged in NC?

Yes, but not automatically. North Carolina allows expungement of certain non-violent misdemeanor and low-level felony drug offenses, including simple marijuana possession.

Requirements often include:

No prior felonies
Completion of probation or sentence
Waiting period of several years

For more details, refer to Legal Aid of North Carolina or Clean Slate NC.

Expungement can help clear your record, improve employment options, and remove legal burdens.

Common Defenses Against Marijuana Charges

At Martine Law, we often use the following defenses in NC marijuana cases:

Illegal search and seizure: If police searched your car or home without probable cause or a warrant, the evidence may be thrown out.
Lack of knowledge: If you didn’t know the marijuana was in your possession (e.g., someone else left it in your vehicle), it could be a defense.
Insufficient evidence: Especially in possession with intent cases, the state must prove your intention to sell beyond a reasonable doubt.
Medical use misunderstandings: Some individuals legally use CBD or THC products but are unaware they may still violate NC law.

Our team investigates every detail and challenges any procedural errors by law enforcement.

What to Do If You’re Arrested for Marijuana Possession

If you’re arrested for marijuana in North Carolina:

Stay calm and avoid resisting
Do not admit guilt or answer questions without an attorney
Contact a criminal defense lawyer immediately

The penalties can be severe, but a knowledgeable attorney can often negotiate reduced charges or explore alternatives like diversion programs or deferred prosecution.

Contact Martine Law for Help

A simple mistake or misunderstanding shouldn’t ruin your future. Whether you’re facing misdemeanor charges or a felony for possession with intent, Martine Law is ready to defend your rights.

We serve clients across North Carolina with aggressive, informed legal representation. We understand the local courts, the law, and how to fight back against unfair drug charges.

Schedule a confidential consultation and protect your freedom today.

Penalties for Marijuana Possession in NC