How Much Weed is a Felony in North Carolina?
North Carolina is one of the many states in the United States where cannabis possession and cultivation are illegal, except for medical use under certain circumstances. However, the amount of weed that constitutes a felony in North Carolina is not as straightforward as one might think.
Direct Answer:
In North Carolina, possession of 28.35 grams or more of marijuana is a felony. This is outlined in N.C. Gen. Stat. § 90-95(e), which states that "a person who violates this section by possessing 28.35 grams or more of marijuana is guilty of a Class I felony."
Class I Felonies in North Carolina:
It’s essential to understand the different classes of felonies in North Carolina, as each carries its own set of penalties. A Class I felony is considered the most severe, and it is punishable by:
- Up to 15 years in prison
- Fines up to $50,000
- Probation
Possession of Less than 28.35 Grams:
If you possess less than 28.35 grams of marijuana, it is considered a misdemeanor, which carries less severe penalties. The penalties for misdemeanor possession of marijuana in North Carolina are:
- Up to 30 days in jail
- Fines up to $200
- Probation
Distribution and Trafficking:
While possession of 28.35 grams or more of marijuana is a felony, distribution and trafficking of marijuana are considered even more serious offenses. The penalties for these crimes can include:
- Up to 25 years in prison for distribution
- Up to 30 years in prison for trafficking
- Fines up to $500,000
- Probation
Medical Marijuana:
North Carolina does have a medical marijuana program, but it is highly restricted. Only patients with certain debilitating medical conditions and a valid prescription from a licensed doctor are eligible to use medical marijuana. The program is also limited to the use of low-THC cannabis oils, and patients are only allowed to possess a 30-day supply of the oil.
Summary:
In summary, in North Carolina:
- Possession of 28.35 grams or more of marijuana is a felony (Class I)
- Possession of less than 28.35 grams is a misdemeanor
- Distribution and trafficking of marijuana are considered more serious offenses and carry harsher penalties
- Medical marijuana is available for patients with certain debilitating medical conditions, but only in the form of low-THC cannabis oils and in limited quantities.
Key Points:
- 28.35 grams or more of marijuana is considered a felony
- Distribution and trafficking of marijuana carry harsher penalties
- Medical marijuana is available for patients with certain debilitating medical conditions
- Only low-THC cannabis oils are allowed under the medical marijuana program
- Patients are only allowed to possess a 30-day supply of medical marijuana
Table: Marijuana Possession Penalties in North Carolina
| Possession Amount | Penalty |
|---|---|
| Less than 28.35 grams | Misdemeanor |
| 28.35 grams or more | Class I Felony |
| Distribution | Class G or F Felony |
| Trafficking | Class E or D Felony |
By understanding the laws and penalties surrounding marijuana possession in North Carolina, individuals can better navigate the legal system and make informed decisions about their cannabis use.
