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North Carolina Criminal Law Updates for December 1, 2014

Effective December 1st, a new batch of criminal laws will go into effect in North Carolina. Robert Farb and the North Carolina School of Government have provided a good summary of the new laws and changes to existing laws which you can access here: https://sogpubs.unc.edu/electronicversions/pdfs/punchtupdate2014.pdf .

There are two changes to the law that are of particular note due to the common nature of their occurrence.

First, North Carolina will now distinguish between marijuana paraphernalia and paraphernalia for other drugs. Previously, all drug paraphernalia were considered a Class 1 misdemeanor; however, under new NCGS 90-113.22A, marijuana paraphernalia will be treated the same as simple marijuana possession and will only be punishable as a Class 3 misdemeanor.

Second, there has been a change in the punishments for Carrying a Conceal Weapon (without a proper permit). While the first offense for such a violation remains a Class 2 Misdemeanor; subsequent violations of this law have now been raised to being a Class H Felony instead of only a Class I Felony.

Other than these two changes and a few changes to NC traffic laws, the North Carolina legislature’s new laws primarily implement regulations over the ever-growing and ever-changing area of unmanned aircraft/drones.

Finally, a law sure to make the next list of “weird laws,” NCGS 14-129.3 will increase the theft of a “Venus flytrap” (Dionaea muscipula) from a Class 3 misdemeanor to being a Class H Felony. . .

Whether you’re charged with possession of marijuana drug paraphernalia, taking a Venus flytrap or maybe even one of the new drone offenses – the Clifford Division of Clifford Clendenin & O’Hale, LLP is here to protect your rights and ensure you have the best possible legal representation and advice. If you need criminal law representation, call 336-574-2788 or email [email protected]

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