Understanding the Current Cannabis Laws in North Carolina

Is Weed Legal in NC?

As the popularity of cannabis continues to grow around the world, states in America are still grappling with legalizing marijuana. North Carolina has some of the most strict policies when it comes to cannabis use. This has left many citizens confused and unsure about the position of the state's laws regarding cannabis use.  

In this blog post, we will help clarify some of the current cannabis laws before the North Carolina General Assembly and Senate, including the medicinal use of cannabis, penalties for possession, and how the state is responding to the changing attitudes towards and movements to legalize marijuana.

The Medicinal Use of Cannabis in North Carolina

While some states have passed marijuana laws allowing the prescription of cannabis for medical purposes, North Carolina has yet to follow suit. However, there is currently a  bill, titled the North Carolina Medical Cannabis Act, that is being considered in the state's General Assembly. If passed, this bill would legalize medical use of cannabis in North Carolina. Those in support of the bill argue that cannabis can be used to treat various conditions, including chronic pain, epilepsy, and post-traumatic stress disorder (PTSD). Opponents argue that legalizing even medical use of cannabis could lead to abuse and undermine the state's efforts to curb drug use.

Possession of Cannabis: Marijuana Laws in North Carolina

Possession of Marijuana

According to North Carolina marijuana laws, marijuana possession is illegal and can lead to criminal charges, ranging from a misdemeanor to a felony, depending on the quantity and intentions involved. Possession of less than half an ounce of marijuana is classified as a misdemeanor, which can lead to a fine, probation, and even up to 45 days in jail. Marijuana possession of larger quantities can lead to felony charges.

Medical Marijuana

At the moment, medical marijuana is only legal in North Carolina for certain qualifying conditions, such as epilepsy, cancer, and HIV/AIDS, among others. However, only certain types of cannabis products are allowed, and they have to contain low THC levels. Additionally, patients must obtain a prescription from a licensed physician registered with the state's Department of Health and Human Services.

CBD Oil

While products containing high THC levels remain illegal in North Carolina, certain forms of CBD oil are legal for medicinal use. As of 2019, the state law allows patients with certain conditions, such as intractable epilepsy, to use hemp-derived CBD oil with up to 0.9% THC levels. The oil must be obtained from a licensed NC hemp grower and is sold in registered dispensaries in the state.

Cultivation and Distribution

Under North Carolina law, cultivating, selling, or distributing marijuana is illegal. Cultivating as few as ten plants is a felony offense, which can result in a significant jail term and large fines. Although medical marijuana is legal in some states, transporting it from one state to another, including from a neighboring state that has legalized it, is still prohibited under federal law.

According to North Carolina Marijuana Laws:

Any person who sells, manufactures, delivers, transports, or possesses in excess of 10 pounds of marijuana shall be guilty of a felony which felony shall be known as "trafficking in marijuana" and if the quantity of such substance involved:

a. Is in excess of 10 pounds, but less than 50 pounds, such person shall be punished with a Class H felony and shall be sentenced to a minimum term of 25 months and a maximum term of 39 months in the State's prison and shall be fined not less than five thousand dollars ($5,000);

b. Is 50 pounds or more, but less than 2,000 pounds, such person shall be punished with a Class G felony and shall be sentenced to a minimum term of 35 months and a maximum term of 51 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);

c. Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 93 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);

d. Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 222 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).

Potential Changes to Cannabis Laws: Proposed Medical Marijuana Bill & Efforts to Legalize Marijuana

Like other states, North Carolina may change its cannabis laws in the future. Late in 2020, the North Carolina Senate introduced a bill that would legalize medical marijuana in the state. The medical cannabis bill, known as the NC Compassionate Care Act, seeks to make medical cannabis available to patients with qualifying conditions, such as cancer, PTSD, and chronic pain. As of late 2023, the bill is currently in the Senate Health Care Committee and has yet to be approved.

Attitudes Towards Legalization

While North Carolina may have strict cannabis laws, the attitudes towards legalization within the state seem to be changing. A recent poll showed that 72% of North Carolinians are in favor of legalizing medicinal marijuana. Additionally, many law enforcement officials and politicians within the state have expressed support for updating the state's laws to allow for a well regulated medical cannabis program.

Marijuana Legalization in Other States

As marijuana becomes legalized in other states, it is difficult for North Carolina to ignore the potential tax revenue stream. With full legalization, the state could earn significant revenue from sales taxes and licensing fees. Additionally, many people argue that legalizing marijuana would reduce the amount of money spent on law enforcement efforts related to prosecuting cannabis possession and use.

The Future of Cannabis Laws in North Carolina

In conclusion, the current cannabis laws in North Carolina are strict, with possession of any amount considered a crime. However, with the attitudes of the general public and even lawmakers leaning towards legalization, it is possible that the laws will change in the near future. Only time will tell whether North Carolina will join the growing number of states that have legalized the use of marijuana.

Understanding the laws that govern cannabis use in North Carolina is vital, particularly for those who may need to use the drug for medical reasons. While the state has been slow to embrace medical use of marijuana, there have been positive moves in the legislative process that may signal changes in the future. 

At McCoppin & Associates, Attorneys at Law, P.A., we remain committed to helping our clients navigate the complex legal landscape surrounding cannabis use in the state. Should you need help with any legal issues related to cannabis use, please reach out to us, and we'll be happy to provide you with the guidance and legal representation you need.