Although currently illegal, North Carolina seems to propose legislation to make weed legal on an annual basis. The latest attempt is NC Senate Bill 58 that would decriminalize possession of up to 3 ounces of marijuana for personal use. Those convicted in the past would even be eligible to go back and have their record expunged. WSOC TV 9 in Charlotte recently did an interview with NC House Bill 766 legislature sponsors who spoke of the need to unclog the jails with people charged with possession of small amounts of marijuana.
Is Marijuana legal under federal law?
Even though several states including Washington DC have decriminalized marijuana in some capacity it is still technically illegal under federal law. At the moment the federal government appears to see the writing on the wall and is simply choosing to not interfere with states that have chosen to decriminalize personal use. Because of long standing federal law that could be enforced at any moment many banks refuse to work with pot dispensaries and hence most operate as a cash only business. In fact there is actually bipartisan support for the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act which would essentially allow states to decide the fact of marijuana within their borders. Both President Trump and Attorney General William Barr have signaled support for the legislation. Passage of this may embolden many states to act that were hesitant to openly defy federal law.
Marijuana laws in NC
Where is marijuana legal in the US?
CBD oil vs Marijuana
CBD is a chemical compound found in cannabis known as a cannabinoid. THC is another cannabinoid most known for making you “high” unlike CBD which has no psychoactive effect. CBD has been shown to provide many health benefits especially those who struggle with chronic pain.
Is medical marijuana legal in NC?
Even with a majority of NC residents in favor of medical marijuana it is not currently legal in North Carolina. The NC Medical Cannabis Act proposed in 2019 is still far from becoming law, but does show a willingness to entertain the idea. It all likelihood marijuana for both medical and personal use is more likely a matter of when, not if for North Carolina and the United States as a whole.
Will North Carolina legalize recreational weed?
Being situated in the Bible belt North Carolina will likely be one of the last states to legalize marijuana for recreational use. A likely intermediate step will be the legalization of marijuana for medical purposes and as stated above new laws have been proposed in 2019 for both medical and personal use.
What are the concerns about legalizing marijuana in NC?
Many people are concerned that marijuana will become the next epidemic for youth like vaping. Another concern is driving under the influence of marijuana can lead to fatalities just like a DWI from alcohol. Another major consideration is marijuana is considered a gateway drug to many harder drugs. Finally, there is the issue of how the state would regulate and tax the production and sale of medicinal and recreational marijuana.
Can you go to jail for possession of marijuana in NC?
North Carolina recently amended its laws to remove incarceration as a consequence for first time offenders with small amounts of marijuana. That being said, it can still carry a suspended sentence that can carry jail time not to mention the stigma of having a criminal record. If you have been charged with possession of marijuana in NC you should certainly look into informal deferred prosecution or the 90-96 program available for first time offenders.