North Carolina Marijuana Laws - Cannabis Legal Status in North Carolina

tax stamps

		Incarceration	Fine
Possession
1/2 oz or less	misdemeanor	30 days*	$200
1/2 to 1 1/2 oz	misdemeanor	1 - 120 days**	$500
More than 1 1/2 oz	felony	up to 12 months	Discretionary Fine
*Suspended sentence mandatory. **Community service or probation possible. 45 maximum for those with a clear record.
Sale or Cultivation
Less than 5 g with no renumeration (assumes first offense for sentencing guidelines)	see Possession
Up to 10 lbs	felony	up to 12 months	not more than $5,000
10 to 50 lbs	felony	25 months and up to 30 months MMS***	not more than $5,000
50 to 2000 lbs	felony	35 months and up to 42 months MMS***	not more than $25,000
2000 to 10,000 lbs	felony	70 months and up to 84 months MMS***	not more than $50,000
10,000 lbs or more	felony	179 months and up to 219 months MMS***	not more than $200,000
Within 300 feet of school zone	felony	increased penalty	increased penalty
Sale to a minor if seller is over age 21 or sale to a pregnant woman	felony	increased penalty	increased penalty
***Mandatory minimum sentence.
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession	misdemeanor	6 months	variable

Details

Possession of one half ounce or less is punishable by up to 30 days in jail, most likely suspended. Possession of greater than one half ounce is punishable by 1 - 120 days in jail, with a possibility of community service or probation in lieu of jail. Possession greater than 1.5 ounces increases the penalties to up to 12 months in jail. Manufacture, Cultivation, sale or delivery of less than five grams, for no remuneration (payment, barter, or exchange of any kind) is considered possession and not sale. For amounts of ten pounds or less, the penalty is up to 12 months in jail. Penalties for sale, delivery or manufacture are increased if the sale occurs within 300 feet of a school zone if the offender is over 21 and if the sale was made to a minor or to a pregnant woman. Possession of paraphernalia is punishable by up to six months in jail. (N.C.G.S. 90-95 as of 2/05/07)

Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products.

Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids.

Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.

NORML at UNC-Pembroke
P.O. Box 6164
Pembroke, NC 28372-5099
Contact: Carrie Anne Carpenter
Web Site: http://www.geocities.com/normluncp

Appalachian State University H.E.M.P/NORML
ASU Box 8953
Boone, NC 28608
Contact: Christopher Drew
E-mail: [email protected]

Carolina NORML @ UNC Chapel Hill
Chapel Hill, NC 27514
Contact: Dallas Waldrop
E-mail: [email protected]

Continue reading here: Maryland Marijuana Laws - Cannabis Legal Status in Maryland

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