North Carolina Marijuana Limitations

What Happens if I am Under 21 and Caught Carrying or Using Cannabis?

In North Carolina, marijuana is illegal for medical or recreational use by persons under and over age 21. The state has strict penalties for the possession, consumption, distribution, sale, delivery, or cultivation of marijuana. For instance, having 0.5 ounces or less of marijuana is a Class 3 misdemeanor punishable by a fine of up to $200. Also, the possession of between 0.5 and 1.5 ounces of marijuana is a Class 1 misdemeanor that attracts one to 45 days imprisonment and a fine of up to $1,000. Having more than 1.5 ounces to 10 pounds of marijuana is a Class 1 felony that attracts between three and eight months of jail time and a maximum fine of $1,000.

However, the punishment for anyone under 21 years depends mainly on the offender's age. All crimes alleged to have been committed by anyone between 6 and 16 years (or 18 years, for crimes committed on or after December 1, 2019) are considered delinquent acts. The North Carolina Juvenile Court hears these cases. The purpose of the juvenile system is to protect the public and prevent future offenses while simultaneously meeting the needs of arrested juveniles and assisting them to become responsible and productive members of society. Persons outside the juvenile age range who commit marijuana-related crimes will be prosecuted under the trial court system before the District Court or the Superior Court. Upon conviction, they will be punished according to the law.

Asides from the aforementioned, it is a Class D felony for a person of 18 years or older to sell or deliver marijuana to a person between 14 and 15 years. This crime is punishable by 38 to 80 months imprisonment and a discretionary fine. Where the recipient or buyer of the marijuana is under 13 years, it is a Class C felony punishable by a jail sentence between 44 to 92 months and a discretionary fine. Also, it is a felony for a person between 18 and 20 years to make a minor sell, deliver, or cultivate marijuana. Depending on the age of the minor, the offense is punishable by eight to 20 months imprisonment.

Where is it Legal to Smoke Weed in North Carolina?

It is illegal to smoke weed anywhere in North Carolina. Hence, the state prohibits the private and public consumption of weed. The possession of marijuana of less than 0.5 ounces is punishable by a fine of up to $200. Possessing between 0.5 and 1.5 ounces is punishable with one to 45 days imprisonment and a fine of up to $1,000. The state imposes more severe punishments for marijuana possession of higher weights, possession - with intent to distribute, and sale or delivery of marijuana. Only patients registered under the Epilepsy Alternative Treatment program can use hemp extract to treat intractable epilepsy in North Carolina.

Can I Leave North Carolina with Cannabis?

Just as it is illegal to have cannabis in North Carolina, it is also illegal to leave the state with cannabis. All that the state allows is the purchase and transportation of CBD extract with less than 0.9% THC and at least 5% CBD from states that sell to out-of-state patients. This is only available to persons with intractable epilepsy. Also, a person cannot travel with marijuana using an airplane because marijuana is an illegal substance under federal law, and air travel is under federal jurisdiction. A person who travels with marijuana could be prosecuted under federal laws.

Furthermore, it is illegal to travel with marijuana to a state that does not permit marijuana use, like North Carolina. Persons caught will be prosecuted under such state's laws. Hence, residents are advised to acquaint themselves with the marijuana laws of states to avoid being persecuted in those states.

Will Cannabis Affect My Driving Record in North Carolina?

Cannabis affects an individual's driving record in North Carolina. Driving while impaired (DWI) involves a person driving while under the influence of an impairing substance, like marijuana. When a DWI is committed, the North Carolina State Highway Patrol will suspend the driver's license of the DWI offender for one year. The State Highway Patrol will also suspend the driver's license of a person who fails or refuses to take a breathalyzer test. A DWI conviction stays on a person's driving record for seven years. Any further DWI offense within seven years will be considered a second offense, subjecting the offender to more serious fines and jail terms. Generally, having a DWI on a driving record affects persons whose jobs require them to drive.

Can I Get a DUI if I Drive While I am High?

It is a crime to drive a vehicle while impaired from taking marijuana in North Carolina. The tetrahydrocannabinol (THC) element of marijuana makes a person high and affects the person's ability to drive. According to North Carolina General Statutes § 20-138.1(a), an offense of impaired driving involves a person driving a vehicle on any highway, street, or public vehicular area in the state while under the influence of an impairing substance, like marijuana. There is no limit for THC, unlike the blood alcohol concentration (BAC) limit. As a result, any trace of THC found on a driver's breath is enough to warrant an arrest and conviction. The amount of THC is not relevant to a DWI charge based on marijuana impairment.

An officer can suspect that a person is driving while impaired by marijuana through any of the following indicators:

• The vehicle smells like cannabis
• The vehicle contains a marijuana-smoking device or marijuana itself
• The driver admits to having just taken marijuana
• The driver's tongue had a greenish tint to it

Where an officer has reasonable suspicion that a driver is impaired by marijuana, they can conduct Standardized Field Sobriety Tests (FSTs) to determine the level of impairment. The primary test used is the Horizontal Gaze Nystagmus (HGN) test. During this test, the officer observes any involuntary movement of the driver's eyes. They can also conduct a walk-and-turn test or one-leg stand test.

When a person is convicted for driving while impaired in North Carolina, the court decides their punishment based on "levels." A level is determined based on different elements, such as level of impairment, harm caused, driving record, or prior offenses. The five levels of punishment for DWI are provided under North Carolina General Statutes § 20-179(g) - (k):

• Level One Punishment

• A fine of up to $4,000;

• Between a minimum of 30 days and a maximum of 24 months imprisonment (the imprisonment term may be suspended if a special probation condition is imposed, ensuring that the offender serves at least 30 days in prison);

• The offender may have to complete a substance abuse assessment.

• Level Two Punishment

• A fine of up to $2,000;

• Between a minimum of seven days and a maximum of 12 months imprisonment (the imprisonment term may be suspended if a special probation condition is imposed, ensuring that the offender serves at least seven days in prison);

• The offender may have to complete a substance abuse assessment.

• Level Three Punishment

• A fine of up to $1,000;

• Between a minimum of 72 hours and a maximum of six months imprisonment (this may be reduced to 72 hours imprisonment and 72 hours of community service);

• The offender may have to complete a substance abuse assessment.

• Level Four Punishment

• A fine of up to $500;

• Between a minimum of 48 hours and a maximum of 120 days imprisonment (48 hours of community service can be served instead of the imprisonment term);

• The offender may have to complete a substance abuse assessment.

• Level Five Punishment

• A fine of up to $ 200;

• Between a minimum of 24 hours and a maximum of 60 days imprisonment (this term may be reduced to 24 hours imprisonment and 24 hours of community service).

Can I Buy Marijuana in North Carolina?

North Carolina does not permit the sale of marijuana in the state. The state also does not have a state-regulated supply chain for hemp oil extract. Hence, caregivers have to buy hemp oil extract from states that offer reciprocity.

Where Can I Buy Marijuana in North Carolina?

North Carolina law prohibits marijuana sales. Also, for patients under the Epilepsy Alternative Treatment program, hemp extract is not available for purchase in the state. The law prohibits the production or sale of hemp extracts in the state and requires neurologists to approve the dispensation of "hemp extract acquired from another jurisdiction." This means patients can only get it from a dispensary in a medical marijuana state that allows out-of-state patients to get cannabis from their dispensaries.

How Much is Marijuana in North Carolina?

Since marijuana is illegal in North Carolina, the sale of marijuana is illegal. The state specifically makes the sale or delivery of marijuana a felonious offense. The punishment meted out for this crime depends on the size of marijuana sold or delivered.

How Much Cannabis Can I Legally Have?

There is no amount of cannabis that a person can legally have in North Carolina. The state prohibits marijuana use and possession. It only permits patients with intractable epilepsy to use hemp extract for treatment. These patients must register with the DHHS before they can use the hemp extract legally.

Where Is Weed Legal?