Daniel Fulkerson 110 North Center Street Hickory, NC 28601 Phone:(828) 324-0084 danrfulkerson@yahoo.com
North Carolina Marijuana Laws
North Carolina Marijuana Laws Compared
The graphs below represents how lenient or strict the marijuana laws are in your state compared to Maine, Hawaii, and Connecticut. This determination is based on level of enforcement, weight limits, fines and/or time imprisoned. This determination is also based on how strict penalties are for repeat offenders and proximity to certain drug restricted areas such as school zones and public parks.
North Carolina
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Connecticut
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Hawaii
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Maine
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Misdemeanors
Unlawful possession of marijuana A person who possesses .5 ounces or less of marijuana. Fine: Up to $2,000 Imprisonment: Up to 30 days
More than .5 ounces, but less than 1.5 ounces Fine: Up to $500 Imprisonment: Up to 120 days
Distribution of marijuana (without monetary exchange) A person who distributes less than 5 grams of marijuana for no monetary exchange. Fine: Up to $200 Imprisonment: Up to 30 days
Unlawful possession/use of drug paraphernalia It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a controlled substance which it would be unlawful to possess, or to inject, ingest, inhale, or otherwise introduce into the body any amount of marijuana. Fine: Up to $500 Imprisonment: Up to 6 months
Unlawful sale of drug paraphernalia It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a controlled substance which it would be unlawful to possess, or that it will be used to inject, ingest, inhale, or otherwise introduce into the body any amount of marijuana. Fine: Up to $1,000 Imprisonment: Up to 12 months
Felonies
Unlawful possession of marijuana A person who possesses more than 1.5 ounces of marijuana. Fine: Up to $5,000 Imprisonment: Up to 1 year
Unlawful sale of marijuana Any person who manufactures, sells, prescribes, administers, or transports or possesses with intent to sell, dispense, or compound less than 10 pounds of marijuana. Fine: Up to $5,000 Imprisonment: Up to 1 year
Unlawful trafficking of marijuana Any person who sells, manufactures, delivers, transports, or possesses 10 pounds to 50 pounds of marijuana. Fine: Up to $5,000 Imprisonment: 25 to 30 months
More than 50 pounds, but less than 2,000 pounds Fine: Up to $25,000 Imprisonment: 35 to 42 months
More than 2,000 pounds, but less than 10,000 pounds Fine: Up to $50,000 Imprisonment: 70 to 84 months
More than 10,000 pounds Fine: Up to $200,000 Imprisonment: 179 months to 219 months
Unlawful sale of marijuana to a minor (13-16) or a pregnant woman Any person 18 years of age or over who sells or delivers marijuana to a person under 16 years of age but more than 13 years of age or a pregnant woman. It shall not be a defense that the defendant did not know that the recipient was pregnant. Fine: More severe Imprisonment: More severe
Unlawful sale of marijuana to a minor (13 or under) Any person 18 years of age or over who sells or delivers Marijuana to a person who is 13 years of age or younger. Mistake of age is not a defense to a prosecution under this section. Fine: More severe Imprisonment: More severe
Unlawful sale of marijuana in a restricted area Any person 21 years of age or older who commits an offense on property used for a child care center, or for an elementary or secondary school or within 1,000 feet of the boundary of real property used for a child care center, or for an elementary or secondary school. Fine: More severe Imprisonment: More severe
Unlawful sale of drug paraphernalia to a minor Delivery of drug paraphernalia by a person over 18 years of age to someone under 18 years of age who is at least three years younger than the defendant Fine: Up to $1,000 Imprisonment: Up to 12 months
United States Marijuana Arrest Trends
The graphs below represent the trends in marijuana arrests from 1990 to 2005 in the United States. With the higher amount of arrests also comes tens and billions of more dollars spent on enforcement, adjudication, and imprisonment for marijuana related offenses.
Source
North Carolina General Statutes
90‑95, 90‑113.22, 90‑113.23, 14‑1
FBI Uniform Crimes Report