Federal marijuana laws make it illegal to possess any amount of marijuana. North Carolina marijuana laws are different. For example, state law deems possessing less than 1/2 ounce of marijuana as a “non-arrestable” offense. However, it does have strict laws regarding marijuana possession over the non-arrestable amount.

Why Can I Be Charged with Marijuana Possession?

In North Carolina, it’s illegal to intentionally or knowingly have marijuana for personal use. The possession can be physically on a person’s body or be in constructive possession. Constructive possession means the marijuana wasn’t physically on someone, but in their control. For example, in a person’s home or car.

Can I Get Jail Time for Marijuana Possession of More Than a Half Ounce?

Yes. According to North Carolina law, marijuana possession between 0.5 and 1.5 ounces is a class 1 misdemeanor. An individual convicted can receive anywhere from 1 to 45 days in jail and a fine.

What is the Punishment For Having More Than One and a Half Ounces of Marijuana?

An individual convicted of having that amount of marijuana may be sentenced to three to eight months in jail and a possible fine.

Does North Carolina Have a Drug Cultivation Law?

Yes. Marijuana cultivation refers to growing or producing marijuana. In the state, a person can be sentenced to three to eight month for growing less than 10 pounds of marijuana. Penalties increase with the amount of marijuana cultivation:

  • 10 to 50 pounds of marijuana is 30 months in prison and a fine
  • 50 to 2,000 pounds of marijuana is punishable by 35 months in prison and a fine
  • More than 2,000 pounds of marijuana is punishable by 42 months in prison and a fine

Should I Talk to an Attorney About a Marijuana Possession or Drug Cultivation Charge in North Carolina?

To learn more about your legal rights and defenses, talk to a criminal attorney.