Marijuana Possession Laws NC: House Bill Proposes Decriminalization of Small Amounts of Marijuana

House Bill 324 remains in the North Carolina House of Representatives and provides that the possession of small amounts of Marijuana be reclassified from a misdemeanor to an infraction.

Under the bill, possession of less than one ounce of marijuana would be classified as an infraction and would be punishable in much the same way as any other infraction, such as a traffic ticket, is punishable. Between one ounce and one and a half ounce of marijuana would be a Class 3 misdemeanor, but would be punishable by only a suspended sentence and the judge would be precluded from imposing active jail time.

The bill also proposes that a new expunction be created for first time offenders convicted for minor possession of marijuana before December 1, 2011. The expunction would be available two years after the earlier conviction and the bill provides that an expunction shall be given if the petitioner has satisfied all the requirements of his sentence and has not been charge with a new crime other than a traffic offense.