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What Happens if Police Find a Single Weed Plant in My North Carolina Home?

Coastal South Law



For many cannabis enthusiasts, growing marijuana is nothing more than a hobby – and not a serious business activity. But while other states may have legalized growing a few plants at home, North Carolina is not among them. Even if you cultivate a single, small marijuana plant in the Tar Heel State, you could face serious consequences. What exactly are these consequences – and can a cannabis defense attorney in North Carolina help you avoid them?


Growing Even a Single Weed Plant is a Felony in North Carolina


First, you should know that growing just one weed plant in your home (or anywhere else) is a felony in North Carolina. According to North Carolina law, there is no real difference between growing a small plant as a hobby and having a major weed operation that produces nine pounds of cannabis. Both of these offenses are felonies under the least serious category of cultivation offenses in North Carolina. 


What are the Penalties for Growing Weed in North Carolina?


If you grow a single weed plant in your home, you will face up to eight months in prison and a fine of up to $1,000. However, a small plant that produces very little cannabis would likely result in the minimum sentence, which is three months imprisonment. 


How Do Authorities Measure Cannabis Weights in North Carolina?


In a normal situation, police would simply put cannabis on a scale and determine appropriate penalties based on the resulting weight. However, things are slightly more complex when it comes to marijuana cultivation. When police seize marijuana plants, they may be tempted to simply weigh all of the plant material. But only certain aspects of the plant may “count” as illegal cannabis. This should exclude the weight of the stem roots. 


Furthermore, police should dry the cannabis fully before weighing it. The “wet weight” of freshly harvested buds is much, much heavier than its final, smokeable form. As a result, authorities should wait until the buds are fully dry before calculating appropriate penalties. 


What if the Plant Did Not Contain any “Buds?”


Marijuana plants only produce buds when they are subjected to a 12/12 light cycle. If police discover the plant while it is in the “vegetative stage,” it might not contain any buds whatsoever. A defense attorney might argue that the net weight of cannabis in this situation is zero. This could potentially help defendants avoid consequences for their cultivation offenses. However, it is technically possible to smoke the leaves of a marijuana plant. 


Can a Cannabis Defense Attorney in North Carolina Help Me?


If you have been accused of growing a single marijuana plant in your home, a North Carolina cannabis defense attorney may be able to help. While it might seem excessive to face incarceration for a tiny plant, this is a possibility in the Tar Heel State. Work with Coastal South Law to avoid these unnecessary penalties. 

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Coastal South Law

BRUNSWICK COUNTY
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Bolivia, NC, 28422

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