North Carolina

Is Weed Legal in North Carolina?

No, recreational and medical marijuana are still illegal in the state of North Carolina but there have been many attempts to legalize. In 1977, North Carolina followed many other states in decriminalizing the plant, but not much has changed since then. It wasn’t until nearly 4 decades later that lawmakers finally introduced a medical marijuana bill that failed quickly in 2014. In fact, the bill failed so badly that the Committee actually banned any sort of medical or recreational bill consideration for the next two years.

The only new noticeable legislature that has come out in North Carolina is the ability of those who have been diagnosed with epilepsy to use CBD oil. Sadly, however, the bill did not create any infrastructure for those who have epilepsy to purchase CBD oil anywhere. There are those in North Carolina that are still trying considerably hard to pass marijuana bills. In fact, Kelly Alexander Jr. has attempted to pass marijuana legislation six times since 2009, but his bill quickly failed to advance.

Buying Marijuana in North Carolina

There are no places in North Carolina in which one can purchase marijuana. Whether it is recreational or medical, marijuana of any kind is illegal in North Carolina. Anyone who gets caught selling marijuana or any other controlled substance can face life in jail under North Carolina’s rulings.

Buying Marijuana at a Retail Location

Even for those who have epilepsy, there are not even stores currently selling CBD oil. North Carolina lawmakers have left those who need the medicinal benefits of marijuana stranded as they legalized CBD oil but don’t offer any place within the state to purchase it. The same goes for any other type of medical or recreational marijuana product. Unfortunately, each new bill to legalize and bring dispensaries to the state has been shot down by senior lawmakers and there is no good estimate as to when they may budge.

Using a Marijuana Delivery Service

Since medical and recreational marijuana are both illegal in the state there is no legal implementation of a marijuana delivery service. In fact, legalizing a delivery service is the least of North Carolina’s concerns as each new legislature doesn’t come close to making it into law.

Store Hours

Store hours have not been outlined in any bill or draft in North Carolina. Therefore, it is unclear how North Carolina will restrict store hours or if they will at all. Since marijuana of any kind is still illegal in North Carolina, no stores are allowed to operate in any fashion.

Purchasing Restrictions

While marijuana was decriminalized in 1977, North Carolina has not continued to act on this. However, for those in illegal possession of marijuana, it is important to know the penalties for each amount. For anyone who possesses less than half an ounce, they will be penalized with a misdemeanor. There is no jail time for a misdemeanor but there is a small fine of $200. For those who possess between 0.5 ounce and 1.5 ounces, they are looking at jail time between 1 and 45 days with a fine of $1,000. Finally, anyone going over 1.5 ounces crosses into felony territory. There is a sentence of 3 to 8 months in jail, and massive fines that are chosen by the court.

Available Products

Despite CBD oil being legalized in North Carolina as well as on a federal level, North Carolina has still not implemented stores to purchase such products – at least not in an entirely legal way. Since CBD oil with small amounts of THC is legal on a federal level, users are legally allowed to purchase and possess CBD oil. However, the state could still intervene and give people fines for possessing CBD oil. Outside of CBD oil, there are no available products and people caught possessing any type of product will be dealt with by the authorities.

Taxes on Marijuana in North Carolina

Taxes on Recreational Marijuana in North Carolina

Since there are no bills currently being drafted, it is unclear how North Carolina would tax recreational marijuana. It will be a long time until North Carolina becomes legalized in North Carolina, therefore any speculation or guesses on recreational tax in North Carolina is not applicable.

Taxes on Medical Marijuana in North Carolina

The newest medical marijuana draft has not yet been finished and does not illustrate a system of taxes to regulate the sale of medical cannabis. However, you can expect a sales tax on each sale of medical marijuana as that is standard in most states. North Carolina has a lower sales tax of 4.75% so medical marijuana taxes won’t bear too much weight.

Possession

As mentioned above, marijuana was decriminalized in 1977, meaning people can possess small amounts without tarnishing their record or going to jail. That being said, the more people possess the higher the penalties become. As compared to most other states, the fines and jail time are much lower, but the titles of each penalty remain the same. Here is a breakdown of the possession limits:

• For anyone who possesses less than half an ounce, they will be penalized with a misdemeanor. There is no jail time for a misdemeanor but there is a small fine of $200.
• For those who possess between 0.5 ounce and 1.5 ounces, they are looking at jail time between 1 and 45 days with a fine of $1,000.
• Anyone going over 1.5 ounces crosses into felony territory. There is a sentence of 3 to 8 months in jail, and massive fines that are chosen by the court.
• If one is caught with 10 pounds or more, they reach a mandatory minimum sentence as possessing this amount indicates an intent to distribute. The penalties for this are a felony, a mandatory minimum sentence of 25 months and a minimum fine of $2,000.

Using Marijuana in North Carolina

Using any type of marijuana product other than CBD is illegal in North Carolina no matter where you are. In some places, the fines are worse than others. Therefore, if you are in illegal possession of marijuana, definitely do not come close to a school or a hospital. These places are protected by controlled substances and carry much heftier fines and will include longer sentences if permitted.

Smoking on Federal Lands

Smoking on federal lands is still highly illegal due to the fact that marijuana is illegal on a federal level. Therefore, the federal government's jurisdiction supersedes the state government and they can charge people on federal lands regardless of marijuana’s legality in the state. Therefore, always stay off federal land if you have ingested, about to ingest, or are just possessing marijuana.

Medical Marijuana in North Carolina

Most people within the state are desperately pushing for medical marijuana while the government officials aren’t willing to budge. Junior lawmakers continually raise and draft bills calling for the legalization of marijuana, but the senior lawmakers will have nothing to do with them. There have been nine attempts since 2009 to legalize medical marijuana by one man alone. Still, no bill has advanced far enough to get close to becoming legislation. Therefore, North Carolina remains one of the few states to not allow for medical marijuana.

How to Get a Medical Marijuana Card in North Carolina

One cannot obtain a medical marijuana card in North Carolina because the medical marijuana program is still nonexistent. Hopefully, medical marijuana will make it to the ballot soon - we will keep you updated!

Out of State Medical Cards North Carolina

Since there is no established medical marijuana program, out of state medical cards have no significance. It is unclear how North Carolina will treat out of state medical cards when they eventually legalize medical marijuana, but our best guess is that reciprocity will not be permitted. Please return here for any updates in the future.

How to Transport Marijuana in North Carolina

Transporting Marijuana in North Carolina

If anyone is transporting marijuana in North Carolina it is for illegal purposes. Medical and recreational marijuana are both illegal in North Carolina and one cannot have any amount in their car. Cops will also crackdown harder if the marijuana is in reach of the driver as they might assume they are driving under the influence. Never attempt to transport marijuana to, from, or in North Carolina as no type of marijuana is legal.

Driving While Under the Influence of Marijuana

Since marijuana is still illegal in North Carolina, driving under the influence will land you in serious trouble. First, if there are any signs of marijuana impairment, a drug inspection officer will be sent to the scene. If deemed impaired you will be charged on several accounts including a DUI and possession charges. This will result in jail time, license suspension, court-ordered rehabilitation, and a monstrous number of fines. In any state, driving under the influence of marijuana is a bad idea and can harm many people, and in North Carolina, the charges are even more serious.

Driving Across State Lines with Marijuana

Despite legalization efforts in certain states, driving across state lines puts you into federal jurisdiction where marijuana is illegal. Therefore, it is illegal to drive across any state line even if you are entering a state where marijuana is illegal or even if you are crossing between two legal states.

Growing Marijuana in North Carolina

Nobody is allowed to grow marijuana in North Carolina. North Carolina has also not permitted growing plants to create CBD products. Therefore, there is no way to obtain marijuana in North Carolina and if anyone is caught growing, they will be punished severely. Getting caught growing marijuana in North Carolina will tarnish your record and land you in serious trouble. 

Resources 

• https://www.avalara.com/taxrates/en/state-rates/north-carolina.html
• https://www.safeaccessnow.org/north_carolina_medical_marijuana_laws_and_regulations
• https://www.mpp.org/states/north-carolina/
• https://www.medicalmarijuanainc.com/north-carolina-marijuana-laws/