Carolina Criminal Defense & DUI Lawyer UpdatesTable of Contents
- The Charlotte Courthouse Marijuana Odor Ban
- Is Marijuana Legal in North Carolina?
- What Happens If You Smell Like Marijuana in Court?
- Can Marijuana Odor Affect Your Court Case?
- North Carolina Marijuana Penalties: Current Law
- Why Judges Care About Courtroom Conduct
- How to Prepare for Court in Charlotte
- Marijuana and Probation Violations in NC
- What Defense Attorneys Want You to Know
- Frequently Asked Questions
The Charlotte Courthouse Marijuana Odor Ban: What You Need to Know
A sign now taped to the doors in Courtroom 1150 in Charlotte, North Carolina, reads: “The odor of marijuana is not allowed inside this courtroom.”
This isn’t a joke. It’s not about moral judgment. It’s a direct response to a growing problem that courthouse staff, judges, and attorneys have watched escalate over the past decade.
Why the sign exists:
- Defendants, witnesses, and spectators increasingly arrive smelling like marijuana
- Many assume marijuana is legal (it’s not in North Carolina)
- The odor disrupts courtroom decorum and signals disrespect
- Judges and prosecutors notice, and it can affect how cases proceed
The need for this notice didn’t arise overnight. As more states legalized marijuana, public tolerance grew while North Carolina’s legal restrictions stayed firm. People arrive at court with assumptions shaped by other jurisdictions, unaware that state law in this jurisdiction hasn’t changed.
Is Marijuana Legal in North Carolina? [2025 Update]
No. Marijuana remains illegal in North Carolina under state law.
Current Legal Status
| Aspect | North Carolina Status |
|---|---|
| Recreational marijuana | Illegal |
| Medical marijuana | Illegal (no medical program exists) |
| Decriminalization | No (possession is still criminal) |
| Possession penalties | Misdemeanor or felony depending on amount |
| Paraphernalia | Illegal under NCGS § 90-113.22A |
What’s Still Criminal in North Carolina
Under NCGS § 90-94, the following remain illegal:
- Possession of any amount of marijuana
- Possession of marijuana paraphernalia (pipes, rolling papers, grinders)
- Distribution or sale
- Growing marijuana plants
Important: Charlotte’s city policies don’t override state law. While some local jurisdictions have deprioritized enforcement, possession remains a prosecutable offense statewide.
What Happens If You Smell Like Marijuana in Court?
The odor itself cannot be prosecuted, but it potentially creates immediate problems:
At the Courthouse Entrance
- Security screening: Deputies may search you more thoroughly
- Confiscation: Any marijuana or paraphernalia found will be confiscated
- Additional charges: You could face new possession charges on the spot
- Contempt risk: Judges can hold you in contempt for appearing “high” or “impaired”
In the Courtroom
Before you speak, the smell communicates:
- Disregard for the legal process
- Possible intoxication
- Disrespect for the court’s authority
Judges notice. Prosecutors notice. Court staff notice.
Can Marijuana Odor Affect Your Court Case?
According to Bill Powers, a Charlotte criminal defense attorney with more than 30 years in North Carolina courtrooms, “Showing up high or reeking of marijuana damages credibility before a single word is spoken. The issue isn’t about judging someone for smoking weed. It’s about protecting our client’s ability to be heard and treated fairly.”
Real Impact on Case Outcomes
The concern isn’t the use itself. Most experienced defense attorneys will tell you marijuana tends to cause far fewer long-term problems than alcohol. The concern is the attitude that comes with showing up to court under the influence or smelling like marijuana, as if the courtroom were no different from anywhere else.
That lack of awareness has real consequences.
North Carolina Marijuana Penalties: What You’re Actually Facing
For individuals facing misdemeanor or felony criminal charges in North Carolina, understanding the specific penalties is the first step in building a defense.
Possession Charges (NCGS § 90-94)
Less than 0.5 ounces (first offense):
- Class 3 misdemeanor
- Up to $200 fine
- No jail time (typically)
- Probation possible
0.5 to 1.5 ounces:
- Class 1 misdemeanor
- Up to 45 days in jail
- Fines up to $1,000
- Probation likely
More than 1.5 ounces:
- Felony charges possible
- Intent to distribute may be assumed
- Significant jail time
- Permanent criminal record
Marijuana Paraphernalia Charges (NCGS § 90-113.22A)
- **Class 3 Misdemeanor** (specifically for marijuana paraphernalia)
- Maximum fine of $200 (Note: Jail time is typically suspended for a first offense)
- Fines
- Often charged alongside possession (Note: General drug paraphernalia is a Class 1 misdemeanor)
Additional Consequences
Beyond criminal penalties:
- Driver’s license suspension (6 months to 1 year)
- Employment consequences
- Housing application denials
- Student loan eligibility issues
- Professional license implications
Why Judges Care About Courtroom Conduct (And Why You Should Too)
Every courthouse operates on a foundation of mutual respect. The public’s confidence depends not just on verdicts or rulings but on the tone of the proceedings.
What the Court Expects
Basic courtroom respect means:
- Appearing sober and alert
- Dressing appropriately
- Standing when the judge enters
- Turning off phones
- Removing hats
- Speaking respectfully
These aren’t acts of submission. They’re symbols of recognition that the court’s authority represents the rule of law.
The Institutional Perspective
When a court has to instruct people on how to behave, or even how to smell, it signals a loss of shared understanding.
The burden falls hardest on court personnel:
- Deputies must make judgment calls about whether to search, confiscate, or warn
- Prosecutors and defense lawyers are placed in awkward positions, maintaining credibility when their client’s appearance tells a different story
- Judges must enforce standards while managing an atmosphere that no longer carries the solemnity it once did
For attorneys like Bill Powers who have spent decades in the North Carolina court system, the change is difficult to ignore. Lawyers who remember when defendants arrived in coats and ties now watch people walk through metal detectors wearing pajama pants and flip-flops, carrying vape pens, and smelling like marijuana.
It’s not about nostalgia. It’s about the shared expectation that everyone who enters a courtroom should respect the setting and the litigants.
How to Prepare for a Court Appearance in Charlotte: Complete Checklist
24-48 Hours Before Court
Physical preparation:
- Stop using marijuana (or any substances)
- Plan your outfit (see dress code below)
- Get adequate sleep
- Review case details with your attorney
Documentation:
- Gather required documents
- Print copies of evidence
- Have your case number accessible
Morning of Court
Personal presentation:
- Shower and use neutral-scented soap
- Avoid marijuana use entirely
- Wash clothes that may have absorbed smoke odor
What to bring:
- All required documentation
- Notepad and pen
- Phone (if allowed in the courthouse / turned OFF before entering)
- Attorney’s contact information
What NOT to bring:
- Marijuana or paraphernalia
- Weapons of any kind
- Food or drinks
Mecklenburg County Courthouse: How to Dress for Court
Appropriate attire:
- Business casual minimum
- Collared shirt or blouse
- Slacks, khakis, or a professional skirt
- Closed-toe shoes
- Neat, clean appearance
Inappropriate attire:
- Tank tops or sleeveless shirts
- Shorts
- Pajamas or loungewear
- Clothing with profanity or offensive images
- Hats (remove before entering courtroom)
- Excessive jewelry
- Sunglasses indoors
Marijuana and Probation Violations in North Carolina
If you’re on probation, Probation Violations in North Carolina create serious legal risks.
Standard Probation Conditions
Many North Carolina probation orders include:
- Random drug testing (marijuana shows up for 30+ days)
- Prohibition on illegal drug use (marijuana is illegal in NC)
- Requirement to obey all laws (possession violates this)
What Happens If You Violate
1. Probation Officer Response
- Potential immediate drug test
- Report to the Court
- Possible arrest
2. Violation Hearing
- Judge reviews evidence
- May consider the violation as a basis for revocation of probation
3. Possible Consequences
- Extended probation
- Additional conditions
- Community service
- Jail time
- Activation of the suspended sentence
Medical Marijuana Exception?
No. North Carolina does not recognize medical marijuana cards from other states. There is presently no operating medical marijuana program in NC. Using marijuana, even with documentation from another state, could very well violate probation.
What Criminal Defense Attorneys in Charlotte Want You to Know
From Bill Powers, Powers Law Firm
Bill Powers has represented clients in North Carolina courtrooms for more than three decades. His perspective comes from observing how courtroom behavior shapes outcomes.
“The marijuana odor sign isn’t humor. It’s a reminder that the courthouse must now regulate what used to be self-regulated by common sense.”
The Cultural Disconnect
The current era has created an odd contradiction:
Public perception: Marijuana is harmless, medicinal, and effectively legal
North Carolina law: Possession is a misdemeanor or felony, depending on quantity and intent
When cultural normalization is not consistent with existing law, the courtroom becomes the collision point.
Some defendants now appear genuinely surprised that marijuana for “personal use” can be mentioned as a basis for conviction for criminal charges.
What Experienced Defense Lawyers See
The shift feels less like progress and more like erosion. It’s not about moral superiority, it’s about the shared expectation that everyone who enters a courtroom should respect the setting.
When decorum fades:
- Confidence in the system weakens
- Clerks lose patience
- Deputies tighten security
- Judges’ tempers flare
The burden falls hardest on those who have devoted their careers to maintaining the dignity of the process.
Advice for Defendants
“No one is asking for perfection,” Powers notes. “Courts see people at their lowest moments, frightened, uncertain, and often facing consequences for mistakes or misunderstandings.”
Even in that setting, basic respect communicates acknowledgment of the process.
Those who walk into a courtroom carry more than their case file. They carry the impression they make on judges, jurors, and prosecutors.
Respecting the courtroom is not a formality. It’s part of advocacy.
Frequently Asked Questions
Can you go to jail for smelling like weed in court?
Smelling like marijuana in court may not, by itself, lead to jail time, but it can create problems. If you bring marijuana into the courthouse, you can be arrested. If the judge believes you are impaired, contempt is possible. The odor can also leave a negative impression that influences how the prosecutor views your underlying case.
Is marijuana decriminalized in North Carolina?
Marijuana possession remains a criminal offense in North Carolina. There is no decriminalization at the state level.
What should I wear to court in Charlotte?
For court in Charlotte, business casual is generally appropriate. A collared shirt, slacks, a professional skirt, or closed-toe shoes all show respect for the process. It is smart to avoid shorts, tank tops, hats, or anything with offensive imagery, since your appearance can influence how your case is received.
Can a judge smell marijuana on you?
The smell of marijuana can be noticeable on clothing, hair, or breath, and judges, court staff, and lawyers often pick up on it quickly in a courtroom setting. Even if you do not notice the odor yourself, others in the room may detect it immediately, which can affect how your appearance is perceived.
Do I need a lawyer for marijuana possession in NC?
Legal representation is a good idea in a North Carolina marijuana possession case because even a simple possession charge can lead to a criminal record, financial consequences, probation, or required treatment. A lawyer can help you understand the options, protect your record when possible, and address both the legal and practical effects of the charge.
How long does Marijuana stay in your system for Court Ordered Drug Tests?
Marijuana can stay in your system for a significant period of time, and the detection window depends on the type of court-ordered test and how often you use. Urine tests typically detect marijuana anywhere from a few days to more than a month. Hair tests can show use for up to ninety days. Blood tests have a shorter window, often ranging from a single day to about a week.
What counts as disrespectful in court?
What counts as disrespectful in court often involves behavior that disrupts proceedings or signals a lack of seriousness about the process. Appearing intoxicated or smelling like drugs could cause an immediate concern. Talking back to the judge, using a phone, or chewing gum can also be viewed as disrespectful. Clothing matters as well, since showing up in inappropriate attire can send the wrong message. Arriving late or interrupting the proceedings further undermines how the court views you and can affect the way your case is handled.
Can I use CBD in North Carolina while on probation?
CBD may be legal, but many products contain enough THC to create a positive drug test. Probation officers often tell people to avoid all cannabis products because even small amounts of THC can lead to violations that are hard to challenge.
What the Marijuana Odor Sign in Charlotte Really Means
The notice taped to the courtroom door in Charlotte is more than a reminder about smell. It marks a shift in public awareness and a decline in the shared understanding of what it means to appear before a court.
The justice system cannot function on autopilot. It depends on:
- Mutual respect
- Preparation
- Acknowledgment that the process itself matters
Until the gap between cultural perception and North Carolina law closes, courthouse staff will continue to balance fairness with the demand for order, explaining what should already be obvious.
The courtroom is not the place to make a statement about personal habits or social change.
Facing Marijuana Charges in Charlotte? Get Experienced Legal Representation
At Powers Law Firm, attorney Bill Powers has spent decades helping people navigate North Carolina’s courts while educating lawyers, law enforcement, and the public about how the justice system functions.
Understanding courtroom expectations, what to wear, how to speak, and yes, how to present oneself, remains a vital part of achieving justice.
Why Choose the Powers Law Firm
- Attorney Bill Powers has 30+ years of North Carolina courtroom experience
- Deep understanding of Mecklenburg County courts
- Comprehensive approach to criminal defense
- Commitment to client education and advocacy
Whether you’re facing marijuana charges in Charlotte, probation violations, DWI allegations, or other criminal matters, the firm remains committed to promoting both understanding and accountability in North Carolina courtrooms.
This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified North Carolina criminal defense attorney.