Whacked on weed? Here’s what to know about North Carolina’s marijuana laws
It’s illegal to use marijuana in North Carolina, but polls show most voters support legalizing the substance.
President Joe Biden announced on Thursday he will pardon all federal offenses of simple marijuana possession, a decision that could affect thousands of people across the country who have been denied employment, housing and educational opportunities, CNN reported. Since marijuana possession is more often charged under state laws, Biden also called on governors to issues pardons for those offenses.
“Just as no one should be in a federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason, either,” Biden said on Twitter.
A CBS News poll in April found that nearly two-thirds of Americans want marijuana use to be legal at the federal and state levels, and two polls conducted by SurveyUSA and Spectrum News found that 72% of North Carolina voters support the legalization of medical marijuana. More than half of voters in the state support legalizing marijuana for recreational use, according to the SurveyUSA poll.
The N.C. Senate passed a medical marijuana bill earlier this year, but it has since stalled in the House, The News & Observer reported. The bill would have allowed only those with certain ailments to use marijuana.
RELATED: Medical marijuana could soon be legalized in NC. Who would qualify for a prescription?
While lawmakers have failed to reach an agreement on medical marijuana legalization, North Carolina is one of 30 states with marijuana decriminalization laws, which means some offenses do not carry the threat of jail time, according to the National Organization for the Reform of Marijuana Laws, a group that advocates for the legalization of marijuana for medical and recreational use.
Here are the penalties for possessing marijuana and driving under the influence in North Carolina.
What is the penalty for having marijuana in North Carolina?
The penalty for possessing marijuana in North Carolina depends on the type, how much you have and how you plan to use it.
The following marijuana offenses are misdemeanors, according to state law:
Possession of up to 1.5 ounces of marijuana for personal use
Possession of up to .15 ounces of hash or concentrates
Use, possession, sale, delivery or manufacture of paraphernalia
If you’re charged with a misdemeanor, you could serve up to 45 days in jail and pay a $1,000 fine, per state law.
Marijuana possession becomes a felony charge when someone has more than 1.5 ounces for personal use, or intends to distribute, sell or grow the substance.
What is the penalty for driving while high in North Carolina?
It is illegal to drive under the influence of any impairing substance, including marijuana, according to state law.
Under North Carolina’s implied consent law people driving a vehicle in the state give their consent to a drug test if they are charged with an implied consent offense such as driving while intoxicated.
THC, the psychoactive compound in marijuana, can be detected during a drug test, but it is difficult to prove it caused impairment while driving because it can remain in a person’s system weeks after they last smoked, according to Shea Denning, a professor of public law and government at UNC School of Government.
A chronic marijuana user’s blood or urine could test positive for THC 30 days after their last use, according to Healthline, a medical information website.
People can refuse any test, but doing so could lead to their license being revoked for a minimum of one year, according to the law.
A DWI offense coupled with other charges such as reckless driving or fleeing to elude arrest may result in a two-year jail sentence and $4,000 fine, the law says.
This story was originally published July 15, 2022 at 1:51 PM.
