Can I Get a DWI on Marijuana in North Carolina?

Marijuana remains illegal to possess or consume in North Carolina, even in small amounts. If you are pulled over and law enforcement believes you are under the influence of THC, you may be wondering, “Can I get a DWI on marijuana in North Carolina?” Understanding how police identify drivers who may be driving high can help you avoid run-ins with the law and protect your future.

Can You Get a DWI in North Carolina for Marijuana?

Under N.C.G.S. § 20-138.1, it is illegal to operate a vehicle while under the influence of any impairing substance; this offense is commonly referred to as a marijuana DUI in North Carolina. Unlike alcohol, where the state sets a specific legal limit for a driver’s blood alcohol concentration (BAC), there is no established threshold for marijuana. This means that if an officer believes your ability to drive is impaired due to marijuana, you can be charged with multiple DWIs regardless of how recently you consumed it.

How North Carolina Police Officers Detect Marijuana Impairment

Because there is no marijuana-related equivalent to a breathalyzer, officers rely on field sobriety tests, behavioral observations, and sometimes even blood or urine tests to support charges ranging from a Marijuana DUI to more serious drug trafficking allegations. Common signs they look for include poor coordination, delayed reaction time, and red or glassy eyes. If the officer documents these physical indicators during a stop, they may have probable cause to arrest you on suspicion of impairment. In your drug defense, you can challenge the validity of these tests and observations to protect your rights.

In 2022, police across the state conducted 60,818 traffic stops due to DWI suspicions. While not all of these cases involved marijuana, the significant use of cannabis in North Carolina has made drug-impaired driving a more frequent basis for roadside investigations.

DWI Statistics Related to Marijuana

Though marijuana remains illegal for recreational use in North Carolina, it is still widely consumed. Around 15.3% of adults in the state reported using cannabis in the past year, which is just slightly below the national average. As marijuana use becomes more frequent, the risk of impaired driving in North Carolina also increases.

In 2022, law enforcement searched the driver or vehicle in 34,392 stops, which amounted to 2.8% of all traffic stops that year. The odor of marijuana, even without visible drug paraphernalia, is often used as legal justification for initiating a vehicle search. Any cannabis found may be used as additional evidence to support the DWI charge or to file separate drug possession charges.

The consequences for any driver, adult or underage, pulled over and accused of being under the influence of THC can be serious, given North Carolina’s zero-tolerance stance on DWIs and Underage DWI offenses. If you’re stopped along I-240 in Asheville, near US-74 in Fairview, or on the Blue Ridge Parkway, and an officer believes you’re impaired by marijuana, you may be arrested and charged with a DWI under state law, or an Underage DWI if you’re under 21.

How a North Carolina DWI Lawyer Can Help You

Because there is no minimum THC threshold in North Carolina and conviction depends largely on an officer’s observations, you and your lawyer may be able to fight the subjectivity of the charges against you. An experienced North Carolina DWI attorney has comprehensive knowledge of the state’s laws and can work to build a strong defense that fights an officer’s opinion on your impairment.

Unlike with alcohol, an officer cannot perform tests that give clear, accurate answers related to marijuana intoxication levels. Because of this, you and your lawyer can work together to create a defense that attacks the lack of science and accuracy behind an officer’s case. A skilled lawyer can protect your rights and be an indispensable aid as you navigate DWI charges in North Carolina.

FAQs

Q: What Are the Penalties for Driving Impaired by Marijuana in North Carolina?

A: Penalties for a marijuana-related DUI are similar to alcohol-related cases and underscore the importance of a strong DUI defense. They may include license suspensions, court fines, probation, community service, and possible jail time. First-time DWI offenses are punished based on aggravating or mitigating factors. Convictions also result in a permanent mark on your driving record. Repeat offenses or cases involving DWI death and serious injury may carry more severe consequences under state law.

Q: What Are the Current Marijuana Laws in North Carolina?

A: Marijuana is currently illegal for both recreational and medical use in North Carolina. Possession of small amounts is still considered a misdemeanor, though enforcement may vary by jurisdiction. While there have been efforts to reform cannabis laws, no major legalization laws have been passed. Some medical exceptions exist for low-THC products, but possession of standard marijuana remains a criminal offense under state law.

Q: What Happens If You’re Caught With Marijuana in North Carolina?

A: If you are caught with marijuana in North Carolina, especially a large amount, you can face serious criminal charges. Although marijuana is legal in many states, North Carolina has outlawed the use of marijuana. Being caught with even a small amount of cannabis would likely lead to misdemeanor charges. If you are caught with larger amounts, you may be accused of planning to sell or distribute that cannabis, which can lead to much harsher penalties.

Q: What Counts as Marijuana Trafficking in North Carolina?

A: Trafficking charges apply when someone in North Carolina is found with a large quantity of marijuana, generally one that exceeds a state-mandated weight limit. These charges don’t require proof of sale, as possession alone can qualify. Trafficking offenses in North Carolina carry mandatory penalties, including fines and prison time.

Fight Your Marijuana DWI Charges and Contact Edwards Law, PLLC

Even without a breath test, North Carolina officers have the right to charge you with a DWI if they suspect you are driving while impaired by marijuana. These cases often rely on field tests, observations, or toxicology results that may be challenged in court. With the right legal strategy and help from a skilled attorney, you can fight your charges and protect your future.

At Edwards Law, PLLC, our legal team understands how complex marijuana-related DWI cases can be, and we are prepared to help you build a powerful defense. Contact our office today to schedule your consultation and learn more about our trusted DWI services.