Blog Post

Marijuana laws in North Carolina can be confusing, especially as laws change in other states and hemp-derived products become more widely available. Many people assume marijuana is "basically legal" or that certain products are safe from law enforcement scrutiny. Unfortunately, that assumption can lead to serious criminal charges.

If you live in or are visiting Wilmington or surrounding areas in New Hanover or Brunswick Counties, understanding how North Carolina treats marijuana (and how law enforcement handles these cases) is critical to avoiding legal trouble.

Below, we'll break down what you need to know about marijuana laws in North Carolina, the dos and don'ts when dealing with police, how packaging and product type can affect enforcement decisions, and how marijuana use can impact DWI charges.

Marijuana Is Still Illegal in North Carolina

Although marijuana has been legalized in many other states, North Carolina still treats marijuana as an illegal controlled substance in most situations. Possessing, selling, or distributing marijuana can lead to criminal charges, with penalties that depend largely on the amount involved and the surrounding circumstances.

North Carolina law places significant weight on quantity, and even relatively small amounts can result in a criminal record. Charges can become more serious when factors such as prior convictions, driving, or evidence of intent to sell are present.

What to Expect Based on Amounts

While every case is fact-specific, here is a general overview:

• ½ ounce or less: Class 3 misdemeanor (typically a fine, but still a criminal charge)
• More than ½ ounce up to 1½ ounces: Class 1 misdemeanor
• More than 1½ ounces: Felony charges may apply
• Possession with intent to sell or distribute (PWISD): Often charged as a felony, regardless of amount

Even when jail time is unlikely, a conviction can affect employment, housing, professional licenses, and future criminal exposure.

The Dos and Don'ts When Dealing With Law Enforcement

How you handle an interaction with police can significantly impact the outcome of a marijuana-related case. Many charges arise not just from possession, but from what happens during a traffic stop or investigation.

DO: Know Your Rights

You have the right to:

• Remain silent
• Decline consent to search
• Ask if you are being detained or are free to leave
• Request an attorney

Politely asserting these rights is legal and often advisable.

DON'T: Volunteer Information

Many people believe honesty will "clear things up." In reality, statements like:

• "It's just a little"
• "I smoked earlier"
• "That's not mine, but…"

can and often will be used against you. You are not required to explain yourself.

DO: Be Calm and Respectful

Being argumentative or aggressive can escalate a situation and lead to additional charges. Calmly complying with lawful orders while preserving your rights is key.

DON'T: Consent to Searches Without Understanding the Consequences

If an officer asks, "Do you mind if I take a look?," you are allowed to say no. Consent removes many legal defenses that could otherwise be used in your case.

THCA, Hemp Products, and Packaging: Why It Matters

One of the most misunderstood areas of marijuana law involves THCA flower and hemp-derived products sold in stores across North Carolina.

THCA vs. Marijuana: The Legal Gray Area

THCA products are marketed as legal under the federal hemp law because they contain less than 0.3% delta-9 THC by dry weight. However, to law enforcement, THCA flower often looks and smells identical to marijuana.

Here's the problem:

• Police officers do not test for THCA vs. THC on the roadside
• Many agencies treat the substance as marijuana until lab testing proves otherwise
• You can still be arrested, charged, and required to defend the case in court

Does Packaging Make a Difference?

Packaging can matter, but it is not a guarantee of protection.

Store-bought, sealed, professionally labeled products:

• May help support a legal defense
• Can raise reasonable doubt later in court
• Do not prevent arrest in many cases

Loose flower, baggies, or unlabeled containers:

• Are far more likely to be treated as illegal marijuana
• Increase the risk of intent-to-sell allegations
• Make it harder to distinguish from black-market marijuana

Even with store packaging, law enforcement may still seize the product and charge the case. The distinction often matters more after arrest, not before.

Black Market Marijuana vs. Store-Bought Products

From an enforcement perspective, black-market marijuana raises immediate red flags:

• Lack of labeling
• Cash-only transactions
• Scales, multiple baggies, or large amounts
• Text messages or social media suggesting sales

These factors can turn a simple possession case into a felony charge very quickly.

If you choose to purchase legal hemp-derived products, keeping them In the original packaging, with receipts, and unopened when possible, may help later. But again, it does not guarantee you won't face charges.

Marijuana and DWI in North Carolina

One of the most serious, and often underestimated, legal risks involving marijuana is driving while impaired (DWI).

You Can Be Charged With DWI for Marijuana

North Carolina law makes it illegal to drive while impaired by any substance, including marijuana—regardless of whether the product is legal or illegal. Unlike alcohol-related DWIs, there is no defined legal threshold for marijuana impairment.

Key points to understand:

• There is no specific THC limit that determines impairment
• A driver does not need to appear visibly intoxicated to be charged
• Even legally purchased hemp or cannabis-related products can result in a DWI arrest

Field Sobriety Tests and Drug Recognition Experts (DREs)

In marijuana-related DWIs, officers often rely on:

• Field sobriety tests
• Observations of behavior, speech, or eye movement
• Drug Recognition Experts trained to identify impairment

These evaluations are subjective and frequently challenged in court but they can still lead to arrest.

Blood and Urine Tests

THC can remain in your system long after impairment ends. A positive test does not automatically prove impairment, but prosecutors often rely on it heavily.

This is why marijuana DWIs are complex cases that require experienced legal defense.

Why These Cases Require an Experienced Attorney

Marijuana cases are not "minor" simply because attitudes have changed. They involve:

• Search and seizure issues
• Scientific testing challenges
• Constitutional rights
• Prosecutorial discretion

As a former Assistant District Attorney, Daniel J. McCrorie understands how these cases are evaluated from the prosecution's side—and how to challenge them effectively.

Whether you're facing a possession charge, a DWI, or a more serious drug offense, early legal guidance can make a critical difference.

Protect Yourself and Your Future

The best way to avoid legal issues with marijuana in North Carolina is to understand the law, exercise your rights, and avoid assumptions based on other states' rules.

If you are charged, or even under investigation, do not wait to seek legal advice. Contact the Law Office of Daniel J. McCrorie today for a free consultation!