North Carolina and Marijuana — What are the Laws?
Becca Boynton | April 20, 2023
The legalization of marijuana has spread nationwide, with states such as Alaska, Colo., N.Y. and Maine legalizing recreational use. Unlike the 21 states that have legalized recreational marijuana, N.C. remains on the cusp of legalization but has done little to advance any state laws.
In February, N.C. legislators passed a bill that would legalize medical marijuana, the North Carolina Compassionate Care Act. This law will allow medical marijuana use for cancer, epilepsy, HIV/AIDS, Parkinson's disease, multiple sclerosis and post-traumatic stress disorder. However, the laws will be stringent and will not come into effect anytime soon.
While medical marijuana is slowly becoming legalized for N.C. residents over the age of 21, recreational use remains criminalized to a certain extent. Currently, under N.C. state law, if you are caught retaining 0.5 oz of cannabis or less, you will be fined at most $200. Anymore can result in a one-day to an eight-month jail sentence if for personal use.
Intent to distribute is up to a maximum of eighteen years in prison, the mandatory minimum sentence being twenty-five months.
In March, Senate Bill 346 was filed in N.C. A bill that seeks decriminalization for individuals over the age of 21 to possess a small amount of marijuana. If passed, adults would be allowed to purchase and be in possession of no more than two ounces of cannabis flower.
Furthermore, if passed, the bill will automatically erase previous possession charges for individuals set with misdemeanor or felony indictments. Additionally, the bill will include a 20% tax on all cannabis sales and assemble a statewide program for individuals who use marijuana for medicinal purposes.
The legalization and complete decriminalization of marijuana in N.C. has a long way to go. Possession of marijuana remains a class three misdemeanor. However, if passed, these bills will open up a new market for local farmers and N.C. residents— assisting in the betterment of N.C.