Marijuana And Drugs
G.S. 90-95 — a half ounce of marijuana or less is a Class 3 misdemeanor
| Possessing | Punished as |
|---|---|
| PossessingMarijuana, one-half of an ounce or less | Punished asClass 3 misdemeanor, with any sentence of imprisonment suspended |
| PossessingMarijuana, more than one-half of an ounce | Punished asClass 1 misdemeanor |
| PossessingMarijuana, more than one and one-half ounces | Punished asClass I felony |
| PossessingSchedule II, III or IV | Punished asClass 1 misdemeanor, but a Class I felony above one hundred dosage units, or for methamphetamine, amphetamine, phencyclidine or cocaine |
| PossessingFentanyl or carfentanil | Punished asClass H felony |
| PossessingSchedule V | Punished asClass 2 misdemeanor |
| PossessingSchedule I | Punished asClass I felony |
Marijuana is a Schedule VI substance in North Carolina. Tetrahydrocannabinols are too, except those in a product with a delta-9 concentration of not more than three-tenths of one percent on a dry weight basis.
A first offense can end without a conviction. A person with no earlier felony or drug conviction who pleads guilty to or is found guilty of misdemeanor possession, paraphernalia possession, or felony possession is placed on probation without a judgment of guilt, with their consent, unless the court finds in writing, with the district attorney's agreement, that they are inappropriate for it. Completing it means discharge and dismissal, which is not a conviction.
Possessing paraphernalia for a controlled substance other than marijuana is a Class 1 misdemeanor; for marijuana, a Class 3 misdemeanor. A person who tells the officer before a search about a needle or other sharp object is not charged with paraphernalia for it, or for residue in it. Testing equipment for checking a drug's strength or purity is not unlawful.
Sources for this section (5)
- G.S. 90-95 — Violations; penalties
- G.S. 90-94 — Schedule VI controlled substances
- G.S. 90-96 — Conditional discharge for first offense
- G.S. 90-113.22 — Possession of drug paraphernalia
- G.S. 90-113.22A — Possession of marijuana drug paraphernalia
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.