Drug Charges » Marijuana
Marijuana Charges
Understand a marijuana-related charge, verify each bond or hold, and identify the next available step after an arrest in Raleigh or Wake County. You can contact us even when the exact charge, alleged quantity, product type, booking number, or bond amount is not yet available. For the broader process, see our complete drug-arrest guide.
Start Here: What Does the Record Show?
Choose the option that best matches what you see on the custody record. Each choice explains what the entry generally means and the next practical step.
Marijuana possession is listed
The record lists a possession allegation. Copy the exact wording, alleged quantity, and product form. Check whether a bond amount is attached.
Understand the chargeFelony marijuana possession is listed
Felony possession may involve hashish, resin, isolated THC, synthetic THC, or a statutory quantity threshold. Review the exact charge wording.
See why classification mattersHashish or marijuana resin is mentioned
Extracted resin or hashish may carry different quantity rules and classifications than plant material. Copy the exact substance named.
Understand product formA THC concentrate, vape, or edible is involved
Concentrates, vapes, and edibles may be treated differently from plant material. The total weight of an edible or cartridge may not equal the legally relevant weight.
Understand product formPossession with intent is listed
PWISD adds an allegation of intent to manufacture, sell, or deliver. A completed sale does not have to be listed.
Compare charge typesSale or delivery is listed
Sale and delivery may appear as separate charges with their own file numbers and bond entries.
Compare charge typesMarijuana trafficking is listed
Trafficking is a quantity-based offense. A completed sale is not always required. Check the alleged quantity level and bond amount.
Understand marijuana traffickingMarijuana paraphernalia is listed
Paraphernalia may appear as a separate charge with its own bond entry. Copy the exact charge wording.
Understand paraphernalia chargesThe product was labeled hemp, THCA, CBD, delta-8, or another cannabinoid
Labeling alone may not resolve how law enforcement, prosecutors, or courts classify the product. Copy the exact charge and substance named on the record.
Understand hemp and cannabinoidsSeveral separate charges or bonds appear
One arrest may include multiple marijuana-related charges, each with its own secured amount. Every file number and bond must be verified.
Review multiple charges and bondsBond has not been set
Release conditions may still be pending, or a judge may be required to determine the conditions. We can gather identifying information while the family waits.
Understand bond statusNo bond or judge review appears
The order may use an unsecured condition, or a judge may be required to determine the conditions. Each charge must be reviewed individually.
Understand no-bond entriesAnother county or agency hold appears
A hold from another county, agency, or pending case may prevent release even after an eligible bond is posted. Each matter must be checked.
Check for holdsThe secured bond is high and payment information is needed
Qualifying payment plans may be available, including down payments as low as 5% on qualifying bonds. We explain every cost before any agreement is signed.
Review cost and payment optionsInformation to Gather
Copy every charge entry exactly as displayed on the custody record rather than summarizing it. Incomplete information should not prevent someone from calling.
Have This Ready When You Call
- Defendant's full legal name
- Date of birth
- Booking or inmate number, when available
- Exact wording of every listed charge
- Alleged quantity shown, if any
- Form of the alleged substance
- Misdemeanor or felony classification shown
- Bond amount attached to each charge
- Release condition or bond type attached to each charge
- Paraphernalia, intent, sale, delivery, trafficking, firearm, DWI, probation, or failure-to-appear entries
- Holds or warrants from another county or agency
- Product packaging, receipt, or labeling when the matter involves a product sold as hemp
- Caller and potential cosigner information
Do Not Alter Potential Evidence
Do not destroy, alter, discard, open, test, transport, or handle potential evidence. Questions about evidence preservation belong with criminal-defense counsel.
Is Marijuana Legal in North Carolina?
No. Under current enacted North Carolina law, marijuana remains classified as a Schedule VI controlled substance. Recreational marijuana is not legal in North Carolina.
The difference between the following terms matters:
- Recreational marijuana — not legal under current North Carolina law
- Marijuana classified under Schedule VI — remains a controlled substance
- Hemp and hemp products — defined separately and excluded from the definition of marijuana when statutory requirements are met
- Proposed legalization or decriminalization legislation — does not change current law until enacted and effective
- Tribal laws or policies — may apply within a separate jurisdiction and do not automatically apply in Raleigh or Wake County
- Possession occurring in Raleigh or Wake County — governed by current North Carolina law
A lower-level offense remaining a misdemeanor is not the same as full legalization. Buying a product lawfully in another state or jurisdiction does not automatically determine whether possessing it in North Carolina is lawful. View N.C.G.S. § 90-94 (Schedule VI)
Marijuana, Hemp, and Cannabinoid Products
The product named on the custody record may not tell the whole story. Verify the exact charge, substance, and statutory classification rather than relying on a label.
Marijuana
Defined under current North Carolina statute as all parts of the plant and certain derivatives, subject to the statutory exclusions. Classified under Schedule VI.
Hemp
Defined separately under current North Carolina law. Qualifying hemp and hemp products are excluded from the definition of marijuana. The legal threshold for THC concentration must be verified from the current statute.
THCA Flower
Labeling a product as THCA flower does not automatically determine how law enforcement, laboratories, prosecutors, or courts will classify it. Do not rely on a package label as a definitive legal conclusion.
Delta-8 and Other Hemp-Derived Cannabinoids
The current legal treatment must be verified under enacted North Carolina and applicable federal law as of the review date. Statutory definitions and classifications may change.
CBD Products
The product's source, composition, labeling, and current statutory definitions may all matter. Verify the exact charge and substance named on the custody record.
Synthetic Cannabinoids
May be treated differently from marijuana and should not be grouped automatically with ordinary plant material. Verify the exact substance and charge wording.
For each category, verify the exact product named on the custody record, any packaging or labeling, whether laboratory testing is pending, the exact statute or charge description, and the current bond status.
Do not advise how to test a product or prove its THC concentration. Those questions should be directed to a qualified criminal defense attorney. View N.C.G.S. § 90-87 (Definitions)
Why the Form of the Product Matters
North Carolina statutes may use different quantity rules or classifications depending on the form of the alleged substance. Do not assume that the total weight of an edible, package, cartridge, or liquid automatically equals the legally relevant controlled-substance weight.
Marijuana plant material
Traditional plant material. Quantity rules and classifications may differ from concentrates or resins.
Hashish or extracted resin
May carry different quantity thresholds and classifications than plant material. The statute may treat resin separately.
THC concentrates
Concentrated forms may be subject to different statutory provisions. The legally relevant weight may differ from the total product weight.
Vape cartridges
The total weight of a cartridge or liquid may not equal the legally relevant controlled-substance weight. Laboratory analysis may be required.
Edibles
The total weight of an edible product may not equal the legally relevant weight. Mixture-weight questions are legal and evidentiary matters for an attorney.
Oils or extracts
May be treated differently depending on composition and statutory classification. Verify the exact charge wording.
Synthetic THC
Synthetic tetrahydrocannabinols may carry separate classifications from natural plant material.
Synthetic cannabinoids
May be classified differently from marijuana. Verify the exact substance named on the record.
Hemp flower
Whether a product qualifies as hemp depends on current statutory definitions and laboratory testing. Do not assume classification from appearance alone.
THCA-labeled flower
Labeling alone may not resolve the legal classification. The charge wording and substance named on the custody record control.
Hemp-derived consumable products
The legal treatment depends on current enacted law, product composition, and statutory definitions. Verify the exact charge.
Questions involving laboratory analysis, mixture weight, concentration, product composition, or evidence measurement are legal and evidentiary matters for a qualified criminal defense attorney.
Marijuana Possession Quantity Reference
This reference is for understanding the wording already listed on a custody or charging record. Gram conversions are approximate convenience references. The statute's stated measurement controls.
| Substance or Form | Statutory Quantity Range | Current Offense Classification | Controlling Statute |
|---|---|---|---|
| Marijuana plant material | Up to 0.5 oz (approx. 14 g) | Misdemeanor — verify current statute | G.S. 90-95(d)(4) |
| Marijuana plant material | 0.5 oz to 1.5 oz (approx. 14–42 g) | Misdemeanor — verify current statute | G.S. 90-95(d)(4) |
| Marijuana plant material | 1.5 oz to 10 lb (approx. 42 g–4,536 g) | Felony — verify current statute | G.S. 90-95(b)(2) |
| Extracted marijuana resin or hashish | Verify current statutory threshold | Felony — verify current statute | G.S. 90-95(b)(3) |
| Synthetic tetrahydrocannabinols | Verify current statutory threshold | Felony — verify current statute | G.S. 90-95(b)(3) |
| Tetrahydrocannabinols isolated from marijuana resin | Verify current statutory threshold | Felony — verify current statute | G.S. 90-95(b)(3) |
Last verified: August 2026. Verify all current classifications directly from G.S. 90-95 before relying on any threshold. This table does not predict bond amount, sentence, conviction, eligibility for dismissal, or case outcome.
Lower-Level Possession Does Not Automatically Mean No Arrest or No Bond Issue
Even when the listed marijuana possession allegation is a lower-level misdemeanor:
- An arrest or citation may still occur
- Booking may still happen depending on the circumstances
- Other charges may appear
- An existing warrant may affect custody
- A failure to appear may create an additional issue
- A probation matter may affect release
- The judicial official determines release conditions
- A commercial bondsman is relevant only when an eligible secured bond is set
Not every low-level possession allegation results in jail booking or requires a bail bond. The release condition determines whether a bondsman is needed.
Felony Marijuana Possession
Current North Carolina law provides felony treatment for certain marijuana quantities or forms. Help verify:
- Exact quantity alleged
- Whether the substance is plant material, hashish, isolated THC, or synthetic THC
- Whether the record says simple possession or another charge
- Whether separate paraphernalia or intent-related charges appear
- Whether bond has been set
- Whether another hold exists
For broader possession information, see drug-possession charge information. Do not analyze whether the substance was knowingly possessed or whether the evidence supports the alleged quantity. Those questions should be directed to a qualified criminal defense attorney.
Possession, Intent, Sale, Delivery, and Trafficking Compared
| General Allegation | Common Record Wording | What Distinguishes It | Separate Charges? | Bond Complexity | Best Next Step |
|---|---|---|---|---|---|
| Simple Possession | Possession of marijuana | Alleges unauthorized possession of marijuana. | May appear alongside paraphernalia | Low to moderate | Verify quantity, form, and bond amount |
| Possession With Intent | PWISD marijuana | Adds an allegation of intent to manufacture, sell, or deliver. | May appear alongside possession | Moderate | Confirm whether intent is alleged separately |
| Sale | Sale of marijuana | Concerns an alleged completed sale. | May appear as a separate charge | Moderate | Verify file number and bond amount |
| Delivery | Delivery of marijuana | Concerns an alleged transfer as defined by current law. | May appear separately from possession | Moderate | Verify whether delivery has its own bond |
| Manufacturing | Manufacture of marijuana | Uses a statutory definition that may involve more than growing a plant. | May appear alongside trafficking or paraphernalia | Moderate to high | Review every charge and bond entry |
| Trafficking | Trafficking marijuana | Generally involves conduct identified in the trafficking statute and a statutory marijuana quantity. | May appear alongside possession, intent, or conspiracy | High; trafficking bonds tend to be larger | Verify substance, quantity level, and every file number |
Small Transfers and the Five-Gram Provision
Current North Carolina law contains a specific provision concerning the transfer of less than five grams of marijuana for no remuneration. This provision is found in G.S. 90-95.
Important Limitations
- This provision does not create general permission to possess, give away, distribute, or transport marijuana
- Whether an individual situation qualifies depends on the specific facts and current law
- Questions involving payment, exchange, quantity, transfer, delivery, or intent should be directed to a criminal defense attorney
Marijuana Trafficking
Marijuana trafficking is distinct from simple possession and possession with intent. It is a quantity-based offense. A completed sale is not always required.
| Alleged Quantity Range | Offense Classification | Source |
|---|---|---|
| 10 lb to 50 lb (approx. 4,536–22,680 g) | Felony — verify current classification from statute | G.S. 90-95(h)(1) |
| 50 lb to 2,000 lb (approx. 22,680–907,185 g) | Felony — verify current classification from statute | G.S. 90-95(h)(1) |
| 2,000 lb or more (approx. 907,185+ g) | Felony — verify current classification from statute | G.S. 90-95(h)(1) |
Last verified: August 2026. Verify the current statutory quantity levels directly from G.S. 90-95(h)(1) before relying on any threshold. Reaching the trafficking quantity does not automatically prove intent to sell.
For the complete trafficking process, see the drug-trafficking charge guide.
Growing or Manufacturing Marijuana
A custody record may contain allegations involving:
- Manufacturing marijuana
- Cultivating or growing marijuana
- Possession with intent to manufacture
- Maintaining a vehicle, dwelling, or place
- Drug paraphernalia
- Trafficking
- Other related charges
Do not advise how cultivation is proved or how plant counts, usable material, or harvested material are calculated. Record every separate charge and bond entry.
Marijuana Paraphernalia
North Carolina has a separate statute concerning possession of marijuana drug paraphernalia. Help identify whether the record lists:
- Marijuana paraphernalia
- General drug paraphernalia
- Manufacture or delivery of paraphernalia
- A separate bond amount
- Another marijuana or controlled-substance charge
A paraphernalia charge may have its own release condition. Do not tell visitors whether an object legally qualifies as paraphernalia. That depends on the facts and law and should be discussed with an attorney. View N.C.G.S. § 90-113.22A
Marijuana and DWI
Separate Allegations
A marijuana possession charge and a DWI charge are separate allegations and may have different release procedures or conditions.
Verify:
- Whether DWI is listed
- Whether possession is separately listed
- Whether a sober responsible adult or another release condition appears
- Whether each charge has a separate bond or hold
- Whether chemical testing or blood analysis is pending
Why Multiple Charges and Bonds May Appear
One marijuana-related arrest may show separate entries. Every entry may have a separate release condition. Posting one eligible secured bond may not result in release when another bond, hold, or judicial-review requirement remains unresolved.
Common Combinations
- Marijuana possession
- Felony possession
- Possession with intent
- Sale or delivery
- Manufacturing
- Trafficking
- Conspiracy
- Marijuana paraphernalia
- Maintaining a vehicle, dwelling, or place
- Firearm-related charges
- DWI
- Failure to appear
- Probation-related matters
- Warrants from another county
- Federal charges or detainers
Every Line Must Be Checked
Posting one eligible bond may not produce release when another charge, hold, or release condition remains unresolved. Confirm every file number, release order, secured amount, warrant, and hold connected to the defendant's custody.
Wake County booking and release informationWhat Happens After a Marijuana Arrest in Wake County?
Not every marijuana charge requires a commercial bail bond. A bondsman becomes relevant when an eligible secured bond has been set. For the complete Wake County bail process, visit our dedicated county page.
Arrest, Citation, or Transportation for Booking
Law enforcement takes the defendant into custody, issues a citation, or transports the defendant for booking.
Charges Are Entered
The alleged charges are documented and entered into the court system.
Judicial Official Reviews Release Conditions
A judicial official determines whether the release order requires a secured bond, unsecured bond, supervision, monitoring, or another condition.
Family Verifies Every Charge, Bond, and Hold
Review every file number, bond amount, bond type, and any holds or no-bond entries.
Bondsman Reviews an Eligible Secured Bond
When a secured bond is available, the bondsman reviews the bond information, premium, and payment options.
Paperwork and Payment Completed
The agreement, payment arrangements, and any cosigner or collateral requirements are completed.
Bond Posted
The completed surety bond is submitted through the authorized Wake County release process.
Detention Facility Completes Release Processing
After all conditions are satisfied, detention staff complete the required discharge procedures. Physical release is not guaranteed by a specific time.
Bond Status Decoder
These are common bond and release statuses that may appear on a custody record.
Written promise to appear
The defendant signs a promise to appear in court. No payment or surety is required. A bondsman is not needed.
Unsecured bond
The defendant signs an appearance bond without depositing the full amount. A bondsman is not needed.
Custody release
The defendant may be released into the custody of an approved person or organization. A bondsman may not be needed unless a secured bond is also required.
Secured bond
The bond must be secured using the full cash amount, another permitted form of security, or a surety. A licensed bondsman may help when the surety option is chosen.
No bond currently entered
Release conditions may not have been set yet. A bondsman cannot act until a secured bond is entered.
Judge review required
A judge must determine the release conditions. A bondsman cannot act until the court does.
Electronic monitoring or another release condition
Monitoring, supervision, or another condition may need to be arranged before release. A bondsman is relevant only when a secured bond is also required.
Failure-to-appear order
A prior failure to appear may create an order for arrest with separate release requirements. Posting the new bond may not resolve the failure-to-appear matter.
Probation-related hold
A probation hold may have separate release requirements. A bondsman cannot remove a probation hold.
Hold from another county
A hold from another county may prevent release even after an eligible bond is posted. Each matter must be checked.
Federal detainer
Federal proceedings use a separate detention and release process. A standard Wake County commercial bail bond may not apply.
What Can Affect the Bond Decision?
Marijuana quantity or charge wording alone does not determine the release condition. North Carolina law and Wake County's pretrial-release policy require an individualized review.
Nature and Circumstances
The seriousness and circumstances of the alleged offense may affect the release decision.
Number and Seriousness of Charges
Multiple charges or serious allegations may influence the conditions imposed.
Criminal and Court History
Prior court appearances, failures to appear, and criminal history are considered.
Community Ties
Employment, residence, family connections, and length of residence may be relevant.
Pending Cases and Probation
Whether the defendant was already on pretrial release or probation may affect who determines the new conditions.
Risk and Safety Concerns
Risk of nonappearance, safety, and evidence-related concerns may be considered.
Do not rely on a standard marijuana bond amount or an online calculator. The judicial official makes the final determination based on the individual case. View Wake County Local Rules and Forms
Cost and Payment Options
These are separate parts of the bail bond process. North Carolina limits the bail bond premium to no more than 15% of the face amount of the bond. A qualifying initial payment is not the complete bail bond cost.
Total Bond Amount
The amount stated in the court's release order. It is not the fee paid to the bondsman.
Bail Bond Premium
The fee charged for writing the surety bond. North Carolina limits the premium to no more than 15% of the face amount.
Initial Payment
The portion of the premium due before the bond is submitted. Qualifying bonds may start as low as 5% down.
Payment Arrangement
Deferred payment terms must be documented in writing with the unpaid amount, payment dates, and amounts due.
Cosigner or Indemnitor
A cosigner or indemnitor may be required depending on the bond. Requirements are explained before any agreement is signed.
Collateral
Collateral is separate from the premium and may be requested on larger bonds. Any collateral must be documented with a detailed written receipt.
Approval is case-specific and may depend on total secured-bond exposure, number of separate bonds, charge and release information, cosigner qualifications, employment and residence verification, documentation, collateral, and other case-specific factors.
Bail bond payment optionsWhat a Bondsman Can and Cannot Do
A Licensed Bondsman May
- Help verify available custody and bond information
- Review each secured-bond entry
- Explain commercial bail bond requirements
- Review cosigner information
- Explain payment and collateral requirements
- Prepare approved bond paperwork
- Post an eligible secured bond
- Confirm when the bond has been submitted
A Bondsman Cannot
- Determine whether a product is legally marijuana or hemp
- Interpret laboratory testing
- Decide whether the alleged quantity is correct
- Determine whether possession or intent can be proven
- Give criminal-defense advice
- Reduce or change the bond
- Dismiss or modify a charge
- Remove another agency's hold
- Override court-ordered conditions
- Guarantee release timing
- Guarantee the case outcome
What to Do Right Now
- Confirm the defendant's full legal name
- Copy every charge exactly as displayed
- Record the alleged quantity and product form shown
- Write down the bond beside each charge
- Check for no-bond entries and outside holds
- Preserve relevant paperwork, labels, and receipts without altering potential evidence
- Avoid discussing alleged facts publicly or on social media
- Contact a qualified criminal defense attorney
- Contact a licensed bondsman about eligible secured bonds
- Prepare identification and cosigner information
- Review all release conditions after release
After Release
- Read every release condition
- Confirm the next court date
- Follow travel, testing, monitoring, contact, and supervision conditions
- Keep address and telephone information current
- Avoid discussing case facts publicly
- Stay in contact with criminal-defense counsel
- Notify the bondsman about address or court-date changes
- Attend every required court appearance
Related Drug Charge Guides
Drug Possession Charges
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Understand Possession ChargesPossession With Intent Charges
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Learn About Possession With IntentDrug Trafficking Charges
Trafficking thresholds and bond information.
Review Drug Trafficking InformationFentanyl Charges
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Get Fentanyl Charge InformationDrug Charges
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See the Complete GuideHelpful Resources
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Complete Wake County drug-arrest guide and charge-type overview.
Drug ChargesDrug Possession Charges
Simple possession charge and bond information.
Drug Possession ChargesPossession With Intent Charges
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Possession With Intent ChargesDrug Trafficking Charges
Trafficking thresholds and bond information.
Drug Trafficking ChargesWake County Bail Process
County-level bond process, cost, and release timing.
Wake County Bail ProcessWake County Detention Center
Booking, custody, and release information.
Wake County Detention CenterBail Bond Payment Options
Flexible payment plans for qualifying bonds.
Bail Bond Payment OptionsSecure Online Application
Begin the secure online application process.
Secure Online ApplicationBail Bond FAQs
Complete bail bond questions and answers.
Bail Bond FAQsFrequently Asked Questions
Need Help After a Marijuana Arrest?
Call Raleigh Bail Bonds with the defendant's full legal name and date of birth. We can review the available Wake County bond information, verify every listed charge, and explain the next available step.
Last reviewed: August 2026 — Reviewed by a licensed North Carolina bail bondsman.
This page provides general information about bail and pretrial release. It does not provide legal advice, interpret a specific charge, determine whether a product is legally marijuana or hemp, or predict the outcome of a particular case. Contact a qualified criminal defense attorney for case-specific legal guidance.