As of November 2022, Delta-9 marijuana is still illegal in North Carolina and on the federal level. Therefore, possessing any amount of Delta-9 marijuana can lead to criminal charges. Although many counties in North Carolina no longer pursue charges for small amounts of weed, Wake County still enforces the law.
It Might Not Be Only CBD
CBD is defined as a hemp product with less than .3% THC concentration. Many gas stations and convenience stores will sell products that claim to contain less than the .3% amount, but in reality, the product actually qualifies as illegal marijuana. A lot of these products, such as vape cartridges and edibles, have more than the permitted concentration. One can argue that they did not know that the substance had over .3% THC, but that argument will often fail in Wake County.
There Are Defenses
Neither a human nor a trained canine can detect the difference between legal and illegal hemp products by sight or smell. A lab test is necessary to determine the THC level of a substance, but Wake County often does not test suspected marijuana on the misdemeanor level. Talk to a lawyer about possible defenses you might have if you have been cited with possessing marijuana or marijuana paraphernalia.
Police Will Often Cite or Arrest First and Let the Courts Figure It Out
You might have been cited with having edibles that you purchased from a legitimate source and do fall within the legal range. However, some cops will still cite or arrest you and let the court system deal with it. This can be an expensive and time-consuming battle. If you are cited or arrested for possessing marijuana or marijuana paraphernalia, be polite and cooperative, but do not make any admissions to the police about the substance. They will not go easy on you if you “just tell the truth.” You do not have to let them search your car without a warrant. Provide the bare minimum information — your name, your address, and then ask to speak to a lawyer.
If you have been charged with possessing, selling, or distributing marijuana in Wake County, call Attorney Meredith Cairo at 919-650-2851 for a free consultation.