While drug charges – like any criminal charges – can be serious, in North Carolina, marijuana is classified as a Schedule VI Substance, as it is considered to have a low risk for dependency and/or abuse.

As a result, marijuana charges tend to carry lighter sentences than charges for most other drugs in the state of North Carolina.

Curtis High, a Raleigh criminal defense lawyer defends the rights of individuals charged with marijuana possession. He has extensive knowledge of local drug laws and will do whatever he can to get your charges reduced, if not dropped entirely.

Marijuana Laws & Penalties in North Carolina

Marijuana is among the most prevalent drugs used in North Carolina. In fact, in 2008, the U.S. Drug Enforcement Administration confiscated over 1,800 kg of marijuana in the state of North Carolina alone.

Drug laws vary from state to state. In North Carolina, marijuana possession charges (and their resulting sentences) will vary in severity according to:

  • the amount of marijuana found in your possession
  • the location of your arrest (More severe charges and penalties will come into play when individuals are arrested with marijuana by a school, for example).
  • any history of drug charges on your criminal record (First-time offenders typically get lighter charges and sentences.)
  • whether there was an intent to sell marijuana
  • whether authorities can prove you are/were growing marijuana

The following table provides a rough outline of the types of charges and sentences associated with various degrees of marijuana possession:

Amount of Marijuana

Likely Charge

Potential Sentence

Less than ½ ounce

Class III Misdemeanor

Up to 30 days in jail
(A judge can't make jail time a condition of probation with this minor charge.)

Between ½ and 1 ½ ounce

Class I Misdemeanor

Up to 120 days in jail
(In many cases, this jail time can be suspended if defendants follow through with all terms of probation.)

More than 1 ½ ounce

Class I Felony

Up to 12 months in prison

Keep in mind that a judge has the ultimate discretion to issue the final sentence in any case.

When do “Intent to Sell" Charges Come into Play?

Proving "intent" to do anything is tricky in a court of law, as it's difficult to have evidence that can prove what a person was going to do prior to an arrest. However, should someone be arrested and in possession of the following items, it's likely that he will also be charged with the Class I Felony of intent to sell marijuana:

  • baggies
  • large amounts of cash
  • scales

    • Should our clients be facing this serious charge, we will work to get the charge reduced to a less serious possession charge, if at all possible. Contact Curtis High, an experienced marijuana charge attorney in Wake County today to find out how he can help you.