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Call DONAHUE
Possession of Marijuana and Paraphernalia in the Outer Banks
Charged With Possession of Marijuana in the Outer Banks?
Marijuana is still illegal in North Carolina, and possession of marijuana is charged by weight. Half an ounce or less is a Class 3 misdemeanor, more than half an ounce is a Class 1 misdemeanor, and more than 1.5 ounces is a felony. Legal possession in Virginia, Maryland, New Jersey, New York, and other states does not change the law here.
In Dare and Currituck County, many of these charges come from traffic stops on US 158 and NC 12, and from calls to rental homes and beach accesses during the summer. Many of the people charged are visitors.
Daniel Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles drug charges in Dare and Currituck County courts.
Charged with possession of marijuana or paraphernalia in Dare or Currituck County? Call or text Donahue Defense at 252-715-5785 before your court date.
Marijuana Possession Penalties by Weight
North Carolina sets the charge by the amount under N.C.G.S. Section 90-95:
| Amount | Charge | Notes |
|---|---|---|
| Half an ounce or less (or 1/20 ounce or less of hashish) | Class 3 misdemeanor | Any jail sentence must be suspended |
| More than half an ounce, up to 1.5 ounces (or up to 3/20 ounce of hashish) | Class 1 misdemeanor | |
| More than 1.5 ounces (or more than 3/20 ounce of hashish) | Class I felony | |
| Any amount of synthetic THC, or THC isolated from marijuana resin | Class I felony | THC concentrates, such as wax or vape oil, may be charged this way |
| More than 10 pounds | Trafficking in marijuana | Mandatory prison term and a fine of at least $5,000 |
A prior record can change how a case is charged and sentenced.
Marijuana and Drug Paraphernalia
Possessing items used for marijuana, such as a pipe, bong, grinder, or rolling papers, is a Class 3 misdemeanor under N.C.G.S. Section 90-113.22A. Paraphernalia for other drugs is a Class 1 misdemeanor under N.C.G.S. Section 90-113.22. Paraphernalia is often charged together with possession.
First Offense? Conditional Discharge May Apply
If you have no prior drug or felony convictions, a first charge of simple possession or paraphernalia may qualify for a conditional discharge under N.C.G.S. Section 90-96. You complete probation, the charge is dismissed, and there is no conviction under North Carolina law. See conditional discharge for first-offense drug charges.
Selling or Sharing Marijuana
Possession with intent to sell or deliver marijuana is a Class I felony, and a sale is a Class H felony. Giving away less than 5 grams for no payment is not treated as a delivery under the statute. See possession with intent to sell or deliver.
Visiting the Outer Banks?
A North Carolina drug conviction can follow you home. It can affect jobs, school, professional licenses, and immigration status, even for a small amount. Depending on your case, you may not need to return for every court date. We will tell you early which dates need you in person.
How We Can Help
- Explain the possible outcomes, including whether you qualify for a conditional discharge
- Obtain and review the evidence, including the lab report, weights, and how the search was done
- Appear in court for you where the court allows
- Advise you on expunging the records afterward when the law allows it
- Represent you in Dare and Currituck County courts
- Communicate in Spanish through our legal assistant, Kaitlyn Fernandez
Marijuana Charge FAQs
Is marijuana legal in North Carolina?
No. Possession of marijuana is a crime in North Carolina, even if it is legal where you live.
Will I go to jail for a small amount of marijuana?
For half an ounce or less, the statute requires any jail sentence to be suspended. Larger amounts, THC concentrates, and prior records can bring more serious charges.
Can a marijuana charge be expunged?
Often, yes. Dismissed charges, including those dismissed after a conditional discharge, may be eligible for expunction. The rules depend on how the case ended and your age at the time. See expungements.
What if I only had a pipe or rolling papers?
Marijuana paraphernalia is a Class 3 misdemeanor. It is still a criminal charge, and a first charge may qualify for a conditional discharge.
Talk to an Outer Banks Drug Charge Lawyer
If you are charged with possession of marijuana or paraphernalia in Dare or Currituck County, call or text 252-715-5785. We will explain your options, including whether a conditional discharge may be available. Se habla español.
Please do not include confidential or sensitive information in a contact form, text message, or voicemail.
This page is general information about North Carolina law, not legal advice for your situation.