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Today I Learned That Weed is Decriminalized in NC

fitty76

By fitty76,
in Huddle Lounge

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Lumps Newbie

Lumps

Posted
Posted

Incarceration

Fine

Possession

1/2 oz or less misdemeanor 30 days* $200

1/2 to 1 1/2 oz misdemeanor 1 - 120 days** $500

More than 1 1/2 oz felony up to 12 months Discretionary Fine

*Suspended sentence mandatory.

**Community service or probation possible. 45 maximum for those with a clear record.

Sale or Cultivation

Less than 5 g with no renumeration (assumes first offense for sentencing guidelines) see Possession

Up to 10 lbs felony up to 12 months not more than $5,000

10 to 50 lbs felony 25 months and up to 30 months MMS*** not more than $5,000

50 to 2000 lbs felony

35 months and up to 42 months MMS***

not more than $25,000

2000 to 10,000 lbs felony

70 months and up to 84 months MMS***

not more than $50,000

10,000 lbs or more felony

179 months and up to 219 months MMS***

not more than $200,000

Within 300 feet of school zone felony increased penalty increased penalty

Sale to a minor if seller is over age 21 or sale to a pregnant woman felony increased penalty increased penalty

***Mandatory minimum sentence.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession misdemeanor 6 months variable

Details

Possession of one half ounce or less is punishable by up to 30 days in jail, most likely suspended. Possession of greater than one half ounce is punishable by 1 - 120 days in jail, with a possibility of community service or probation in lieu of jail. Possession greater than 1.5 ounces increases the penalties to up to 12 months in jail.

Manufacture, Cultivation, sale or delivery of less than five grams, for no remuneration (payment, barter, or exchange of any kind) is considered possession and not sale. For amounts of ten pounds or less, the penalty is up to 12 months in jail.

Penalties for sale, delivery or manufacture are increased if the sale occurs within 300 feet of a school zone if the offender is over 21 and if the sale was made to a minor or to a pregnant woman.

Possession of paraphernalia is punishable by up to six months in jail.

(N.C.G.S. 90-95 as of 2/05/07)

Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Hemp: This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids. For more information, see NORML's Drugged Driving (DUID) report.

Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .

Also see Federal Laws

norml.org

So basically decriminalization is best utilized by a first time offender. No matter what the amount unless in the tens of lbs. or something crazy commercial a first time offender will serve little to no time. Decriminalization is refereed to as the 'slap on the wrist' law because you get one shot, once you get caught you don't want to get caught again is the whole idea.

It does NOT mean it is legal. There is a NC medical MJ bill 'in progess' that keeps getting put on the back stove. It was introduced two years ago here in NC. Our Governor Perdue said she will not sign it because of it being a 'gateway drug and subject to abuse by children' is what she said or something to that effect. The bill keeps getting reviewed but until this state cares enough it won't be permitted.

Check NC Legal/News history section on norml.org under our state.

MJ has medicinal purposes and no matter your stance on the drug as a recreational drug it needs to be legalized, period. Perscriptions are abused for recreational purpose all the time, MJ isn't any different. I have seen what MJ can do, I have seen cancer patients throwing up for hours with sunken eyes and sore ribs sticking out. I have seem MJ help them eat and sustain food with my own eyes and poeple becoming healthier. What is different is that it's a natural drug creating a money war.

I am from CA and I was in the 'scene' late 90s. :)

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neverlosethefeeling Apprentice

neverlosethefeeling

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MJ has medicinal purposes and no matter your stance on the drug as a recreational drug it needs to be legalized, period. Perscriptions are abused for recreational purpose all the time, MJ isn't any different. I have seen what MJ can do, I have seen cancer patients throwing up for hours with sunken eyes and sore ribs sticking out. I have seem MJ help them eat and sustain food with my own eyes and poeple becoming healthier. What is different is that it's a natural drug creating a money war.

I am from CA and I was in the 'scene' late 90s. :)

Montel Williams is an advocate of marijuana for medicinal purposes and uses it to alleviate the symptoms of his own MS. He did an interview and said something that I think best describes its value for patients. He said something to this effect: "Normal people, they use marijuana to get high. But people who are sick, we use marijuana to become normal."

But with that being said, with the whole "medical marijuana card" system, it's absurdly easy for anyone to get their medical card. It should just be legalized.

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Tyler Durden Newbie

Tyler Durden

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again... any offense, even a suspended sentence, for weed will go on your public record...

sure, you might not go to jail, but any potential future employer, etc. will have access to that information should they run a background check on you...

also, I'm pretty sure that you will be waving your 4th amendment rights by default in any future traffic stops or other encounters with law enforcement...

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boo7382 Newbie

boo7382

Posted
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You just said "half an ounce" to "one and a half ounces" is a misdemeanor (which it is - but that is pretty vague).

So how can anything over half an ounce be a felony?

We're talking simple possession here, no trafficking or intent to sell.

My b, I think I meant to say 1.5

...........

I was not high at the time

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boo7382 Newbie

boo7382

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So lets get down to the basics.

What is the penalty for possessing marijuana?

depends on how much you have and who catches you.

I know some people who have just gotten tickets for possession, people who have just had it taken away by the cops and no punishment (usually when no paraphernalia is involved), and people who have gotten charged and had to go to court for a serious offense.

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