Drug Paraphernalia Laws in North Carolina

What are North Carolina’s laws regarding drug paraphernalia? In North Carolina, the two most important drug paraphernalia charges are possession of drug paraphernalia defined under North Carolina general statute 90-113.22, and a new lesser classification of marijuana drug paraphernalia under North Carolina general statue 90-113.22(a). Since the law changed in 2014, it now classifies drug paraphernalia used for marijuana differently than paraphernalia for any other type of controlled substance. The possession of marijuana drug paraphernalia is a Class 3 misdemeanor and for paraphernalia used or intended to be used for any other type of controlled substance, it is a Class 1 misdemeanor with a maximum sentence of 120 days in jail. The paraphernalia statue in North Carolina is so broad that virtually anything can be deemed to be paraphernalia. So these charges are usually defended against on a lack of intent to use the item for unlawful purpose, or the defendant’s actual or constructive possession. By far the most common drug offense charged in Wade county is misdemeanor simple possession of marijuana and misdemeanor possession of paraphernalia. It is charged along with possession regularly. The most common drug paraphernalia items that I see in cases that are prosecuted in Raleigh are pipes, scales, grinders, containers and syringes.