Marijuana Possession on Prison Premises or Local Confinement Facility in North Carolina

Possession of marijuana or marijuana possession at a state prison or county jail is governed by North Carolina General Statute NCGS 90-95(e)(9). The only things that an assistant district attorney would have to prove against one would be that the person knowingly possessed marijuana on the premises of a penal institution or local confinement facility. Possessing marijuana at a county jail or other detention facility is punishable as a Class H felony. Depending on one's record level, one could get up to 30 months in the North Carolina Department of Corrections or state prison for this offense.

There are several notable things about the elements of this offense. First of all, to be found guilty of possession of marijuana at a prison or county jail, one does not have to be an inmate at all. Visitors, prison guards, and wardens face the same penalty if they are found to be in possession of marijuana at the confinement facility. The offense applies to anyone either inside the facility or on the outer premises of the jail or confinement facility. Thus, if one possesses marijuana in their own vehicle while visiting a father who is locked up in the facility, he or she is technically guilty of possession of marijuana on a prison or confinement facility. In addition, secured areas of jails like holding cells and drunk tanks where people are held before they are taken before a magistrate also counts.

Possession of marijuana on prison premises or a local confinement facility in North Carolina is a Class H felony.