In North Carolina, Marijuana is classified as a Schedule VI Controlled Substance under N.C. Gen. Stat. § 90-94(a). The NC marijuana crimes listed below are the most common marijuana crimes charged. Each NC marijuana crime lists the required elements that the State must prove beyond a reasonable doubt and the punishments for conviction of the crime.

Manufacturing of Marijuana

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(1) if they:

  1. Knowingly
  2. Manufacturing (producing, preparing, processing, packaging, or labeling)
  3. Marijuana

Punishment

Manufacturing marijuana in North Carolina is considered a Class I felony under N.C. Gen. Stat. § 90-95(b)(2).

Possession of Marijuana

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(3) if they:

  1. Knowingly
  2. Possess (this element does not require that marijuana be found on the person charge so long as the person can be seen to have control over the area where the marijuana is found)
  3. Marijuana

Punishment

Possessing marijuana in North Carolina is considered a Class 1 misdemeanor under N.C. Gen. Stat. § 90-95(d)(4). A individual’s first conviction for possession of marijuana up to ½ ounce or up to 1/20 ounce of hashish is a Class 3 misdemeanor.

Possession of more than ½ ounce and up to 1 ½ ounces of marijuana, 7 grams of synthetic cannabinoids up to 21 grams, or more than 1/20 of an ounce and up to 3/20 of an ounce of hashish is a Class 1 misdemeanor under N.C. Gen. Stat. § 90-95(d)(4).

Possession of more than 1 ½ ounces of marijuana, 21 grams of synthetic, more then 3/20 ounce of hashish, or any cannabinoids isolated from resin is a Class I felony under N.C. Gen. Stat. § 90-95(d)(4).

Any class 1 misdemeanor is elevated to a Class I felony if there were prior convictions, felony or misdemeanor, under the North Carolina Controlled Substances Act (or a similar law of another state). N.C. Gen. Stat. § 90-95(e)(3). Any Class 2 misdemeanor is punished as a Class 1 misdemeanor if there were prior convictions, felony or misdemeanor, under the North Carolina Controlled Substances Act or a similar law to N.C. Gen. Stat. § 90-95(e)(4). Any Class 3 misdemeanor is punished as a Class 2 misdemeanor if there were prior convictions, felony or misdemeanor, under the North Carolina Controlled Substances Act or a similar law.

Possession of Marijuana with Intent to Manufacture, Sell, or Deliver

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(1) if they:

  1. Knowingly
  2. Possess
  3. Marijuana
  4. With the intent to manufacture, sell, or deliver it

Punishment

Possession of Marijuana with intent to manufacture, sell, or deliver is considered a Class I felony under N.C. Gen. Stat. § 90-95(b)(2).

Sale or Delivery of Marijuana

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(b)(2) if they:

  1. Knowingly
  2. Sell or deliver (actual or constructive transfer to another)
  3. Marijuana
  4. To another

Punishments

Selling marijuana in North Carolina is considered a Class H Felony under N.C. Gen. Stat. § 90-95(b)(2). Delivering marijuana in North Carolina is considered a Class I Felony under N.C. Gen. Stat. § 90-95(b)(2).

Trafficking in Marijuana

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(h)(1) if they:

  1. Knowingly
    (a) sell, manufacture, deliver, transport, or possess; or
    (b) conspire to sell, manufacture, deliver, transport, or possess;
  2. Marijuana
  3. To another person (if the person sells or delivers), and
  4. The quantity of marijuana is in excess of 10 pounds

Punishment

The punishment for trafficking in Marijuana in North Carolina is determined by the quantity of Marijuana the individual has at the time of arrest.

If an individual sells, manufactures, delivers, transports, or possesses in excess of 10 pounds but less then 50 pounds, they are guilty of a Class H felony under N.C. Gen. Stat. § 90-95(h)(1)(a). A Class H Felony carries a minimum sentence of 25 months and a maximum sentence of 39 months in State prison and at least a $5,000 fine.

If an individual sells, manufactures, delivers, transports, or possesses 50 pounds or more but less then 2000 pounds, they are guilty of a  Class G felony under N.C. Gen. Stat. § 90-95(h)(1)(b). A Class G Felony carries a minimum sentence of 35 months and a maximum sentence of 51 months in State prison and at least a $25,000 fine.

If an individual sells, manufactures, delivers, transports, or possesses 2000 pounds or more but less then 10,000 pounds, they are guilty of a Class F felony under N.C. Gen. Stat. § 90-95(h)(1)(c). A Class F Felony carries a minimum sentence of 70 months and maximum sentence of 93 months in State prison and at least a $50,000 fine.

If an individual sells, manufactures, delivers, transports, or possesses 10,000 pounds or more, they are guilty of a Class D felony under N.C. Gen. Stat. § 90-95(h)(1)(d). A Class D Felony carries a minimum sentence of 175 months and a maximum sentence of 222 months  and at least a $200,000 fine.

Possession of Drug Paraphernalia

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-113.22(a) if they:

  1. Knowingly
  2. Uses or possesses with intent to use
  3. Drug paraphernalia
  4. For any of the following purposes
    (a) To plant, propagate, cultivate, grow, or harvest marijuana;
    (b) To manufacture, compound, convert, produce, process or prepare marijuana;
    (c) To test or analyze marijuana;
    (d) To package, repackage, store contain, or conceal marijuana; or
    (e) To inject, ingest, inhale, or otherwise introduce marijuana into the body
  5. Marijuana

Punishment

The punishment for possession of drug paraphernalia in North Carolina is a Class 1 misdemeanor under N.C. Gen. Stat. § 113.22(b).

 

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