Marijuana possession refers to knowingly or intentionally having marijuana. In North Carolina, having less than a half ounce of marijuana is punishable by a fine and no jail time. More than a half ounce of marijuana is punishable by jail or prison time depending on the amount of marijuana in the person’s possession. The criminal punishment is different for possessing marijuana paraphernalia.
What Does the Prosecution Have to Prove to Find Me Guilty of Possessing Marijuana Paraphernalia?
An individual is guilty of possession of marijuana paraphernalia when they knowingly use or have drug paraphernalia for a specific purpose. The specific purpose includes:
- Planting marijuana
- Manufacturing or cultivating marijuana
- Converting or testing marijuana
- Packaging marijuana
- Injecting the drug
- Ingesting marijuana
What is the Punishment for Possessing Marijuana Paraphernalia?
Possessing marijuana paraphernalia is a Class 1 misdemeanor. A person can spend between one and 45 days in jail. For a first offense, the judge may also include a fine.
Can I Get In Trouble for Giving Marijuana Paraphernalia to a Young Person?
Yes. North Carolina law makes it illegal for anyone over the age of 18 years old to give a minor drug paraphernalia. For example, an 18-year-old will be charged with possessing marijuana paraphernalia if given to a person three years younger. The crime carries a jail sentence of three to eight months. For a first offense, there is a discretionary fine.
Is This Charge Only Connected to Marijuana Possession?
No. A person can be charged with the use, delivery, sale, or manufacturing of marijuana. Regardless of how the person intended to use the marijuana, it’s a class 1 misdemeanor.
How Can I Fight the Charge of Possessing Marijuana Paraphernalia?
Speak to a criminal law attorney about the possible defenses available to you.
