North Carolina

Implied Consent Laws

Drugs

20-16.2 - Learn More
Any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense. Any law enforcement officer who has reasonable grounds to believe that the person charged has committed the implied-consent offense may obtain a chemical analysis of the person.
Before any type of chemical analysis is administered the person charged shall be taken before a chemical analyst authorized to administer a test of a person's breath or a law enforcement officer who is authorized to administer chemical analysis of the breath, who shall inform the person orally and also give the person a notice in writing that:
1) You have been charged with an implied-consent offense. Under the implied-consent law, you can refuse any test, but your drivers license will be revoked for one year and could be revoked for a longer period of time under certain circumstances, and an officer can compel you to be tested under other laws.
(2) Repealed
(3) The test results, or the fact of your refusal, will be admissible in evidence at trial.
(4) Your driving privilege will be revoked immediately for at least 30 days if you refuse any test or the test result is 0.08 or more, 0.04 or more if you were driving a commercial vehicle, or 0.01 or more if you are under the age of 21.
(5) After you are released, you may seek your own test in addition to this test.
(6) You may call an attorney for advice and select a witness to view the testing procedures remaining after the witness arrives, but the testing may not be delayed for these purposes longer than 30 minutes from the time you are notified of these rights. You must take the test at the end of 30 minutes even if you have not contacted an attorney or your witness has not arrived.

Blood

Yes

Urine

Yes

Oral Fluids

No

Other

Yes
Breath

DUI Statutes

Drugs

20-138.1 - Learn More
A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89 , or its metabolites in his blood or urine.

Combined/Multiple Substance

No
All impairment appears to be confined to one OR another. Any theory under the statute, alone or in combination, is sufficient to convict.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

20-16.2 - Learn More
Minimum one year revocation. Other factors could increase this revocation period.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

20.138.1 - Learn More
A driver's license will be revoked, at a minimum, for a year, if they are convicted of driving while impaired. Refusal to perform a chemical breath or blood test will result in the immediate revocation of a driver license and an additional, minimum one-year revocation by the N.C. Division of Motor Vehicles. Permanent revocation possible under certain circumstances.

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

May be required under certain conditions.

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

§ 90-95- Learn More
Yes, cannabis is illegal for all ages.

Cannabis Per Se Statute

None

Threshold

NA

Nanogram Limit

NA

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

20-179 - Learn More
Sentencing levels one, two, three, and four require attention to potential screening and assessment. All levels: five through A1: carry the potential for the judge to order random testing.

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

20-179 - Learn More
Level One Punishment -Fine of up to four thousand dollars and a term of imprisonment that includes a minimum term of not less than 30 days and a maximum term of not more than 24 months. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 30 days. Defendant may be required to complete a substance abuse assessment.
Level Two Punishment –Fine of up to two thousand dollars and a term of imprisonment that includes a minimum term of not less than seven days and a maximum term of not more than 12 months. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least seven days. Possible required substance abuse assessment and the education.
(NOTE: The judge may impose, as a condition of probation for defendants subject to Level One or Level Two punishments that the defendant abstain from alcohol consumption for a minimum of 30 days to a maximum of 60 days, as verified by a continuous alcohol monitoring system. The total cost to the defendant for the continuous alcohol monitoring system may not exceed one thousand dollars.)
Level Three Punishment –Fine of up to one thousand dollars and a term of imprisonment that includes a minimum term of not less than 72 hours and a maximum term of not more than six months. The term of imprisonment may be reduced to 72 hour incarceration and 72 hours of community service. Defendant required to obtain a substance abuse assessment.
Level Four Punishment -Fine of up to five hundred dollars and a term of imprisonment that includes a minimum term of not less than 48 hours and a maximum term of not more than 120 days. 48 hours of community service can be served in lieu of the term of imprisonment. Substance abuse assessment and treatment required.
Level Five Punishment –Fine of up to two hundred dollars and a term of imprisonment that includes a minimum term of not less than 24 hours and a maximum term of not more than 60 days. The term of imprisonment may be reduced to 24 hours or imprisonment and 24 hours of community service.
This list does not include Level A1: Fine up to $10,000; sentence of not less than 12 months nor more than 36 months; mandatory 120 days active minimum and 120 days continuous alcohol monitoring bracelet; substance abuse assessment and recommended treatment.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

No

Penalties for Multiple Substance/Multiple Substance Impaired Driving

Same as other DUI charges.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

20-179 - Learn More
Driving by the defendant while (i) a child under the age of 18 years, (ii) a person with the mental development of a child under the age of 18 years, or (iii) a person with a physical disability preventing unaided exit from the vehicle was in the vehicle at the time of the offense. Mandatory 30 days active minimum.

Statutes with THC Listed as Delta 8, 9, 10, or 11

90-94
Tetrahydrocannabinols are referenced here.
This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that such substance comes within this schedule, the Commission shall find: no currently accepted medical use in the United States, or a relatively low potential for abuse in terms of risk to public health and potential to produce psychic or physiological dependence liability based upon present medical knowledge, or a need for further and continuing study to develop scientific evidence of its pharmacological effects.
The following controlled substances are included in this schedule:
(1) Marijuana.
(2) Tetrahydrocannabinols.
(3) Repealed by Session Laws 2017-115, s. 8, effective December 1, 2017, and applicable to offenses committed on or after that date.

Electronic Warrant Program

Statewide

Authorized by statute (15A-245(a)(3)) but not used.

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No

Oral Fluid

For Drug Detection

No

Roadside - Not Evidential

No

Evidential

No

Roadside and Evidential

No

Minimum Legal Age for Cannabis Consumption

21 and older
Not legal

Underage Cannabis Laws and Penalties

Underage Possession

Illegal
Statute has changed: a juvenile is considered an adult at age 18 except for Chapter 20 (traffic) violations, which is age 16. Therefore, a 16 year old driving while impaired on drugs would be an adult for the DWI charge, but a juvenile for any drug possession charges.

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

North Carolina is a medical CBD-only state.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No

Drugs

No

Penalties for Retailers Who Knowingly Sell to People Under 21

Does not apply for marijuana.

Other

No Data Available