Cannabis laws are changing across the world, but North Carolina still holds a firm stance. Recreational cannabis remains illegal, and medical use is only permitted in extremely limited cases. Although possession of small amounts has been decriminalized, the state has not joined others in legalizing broader access to marijuana.
Key Takeaways
- Recreational cannabis is illegal in North Carolina, with decriminalized possession of small amounts.
- Medical cannabis access is extremely limited, allowed only for certain conditions like intractable epilepsy using CBD oil.
- Future reform is under review, with a state advisory council currently studying possible legalization frameworks.
Historical Overview of Cannabis Regulation in North Carolina
Cannabis regulation in North Carolina has remained largely restrictive, though there have been minor shifts over time. In 1977, as part of a broader national trend, the state reduced penalties for possession of small amounts.
Since then, holding 0.5 ounces or less of marijuana has been classified as a Class 3 misdemeanor, typically resulting in a fine rather than jail time. Possession of larger quantities, however, can still lead to more serious charges, including felonies.
While the state itself has not moved to legalize recreational use, a major development occurred in September 2023. The Eastern Band of Cherokee Indians, operating under sovereign tribal law, voted to legalize cannabis on the Qualla Boundary. This marked the first area in North Carolina where recreational marijuana is legally permitted, though state laws still apply outside the tribal land.
Separately, hemp cultivation and CBD products have been legal in North Carolina since the 2018 federal Farm Bill, leading to a more visible cannabis-related market despite strict marijuana laws. Social and political discussions around legalization have gained momentum in recent years, but significant statewide reforms have yet to occur.
Medical Cannabis in North Carolina: Legal Provisions and Accessibility
Medical cannabis remains heavily restricted in North Carolina. While the use of non-psychoactive CBD oil is permitted for specific medical conditions, broader access to medical marijuana is not currently legal.
The state took its first step in 2015, when Governor Pat McCrory signed HB766, allowing patients with intractable epilepsy to use CBD oil with low THC content. However, the law did not create a regulated system for producing or distributing these products within the state, leaving patients to source them from out-of-state or other legal avenues.
Over the years, multiple efforts to expand medical cannabis access have been introduced. In 2021, SB 711 was passed by the Senate but stalled in the House. A similar effort, SB 3, was approved by the Senate again in 2023, but the House leadership has not scheduled a vote, stating there are no plans to move forward with it.
Currently, only hemp-derived CBD products with very low THC levels are legally accessible, and even these require strict compliance with sourcing and licensing rules. For now, North Carolina remains one of the more limited states when it comes to legal access to medical cannabis.
Current Legal Status of Recreational Marijuana in North Carolina
Recreational marijuana is currently illegal in North Carolina. The state has not legalized the use, sale, or cultivation of cannabis for adult use, and individuals caught with marijuana can still face legal consequences. However, North Carolina has decriminalized the possession of small amounts.
Specifically, possession of 0.5 ounces or less is treated as a Class 3 misdemeanor, typically resulting in a fine of up to $200 with no jail time. Possession of larger amounts leads to more serious charges, including felony classifications for over 1.5 ounces.
Despite the legal restrictions, unregulated THC products, such as Delta-8 and similar substances, are widely available in vape shops and other retail stores. These products exist in a legal gray area, raising public health concerns due to the lack of age limits, testing, and labeling standards.
In response, Governor Josh Stein has called for structured reform. He announced a State Advisory Council on Cannabis, tasked with studying how to regulate cannabis safely. The group will explore policies that protect minors, promote responsible adult use, address public health concerns, and potentially clear past low-level cannabis convictions. While no laws have changed yet, this move signals that recreational cannabis reform is under active discussion.
Possession, Cultivation, and Consumption: What’s Allowed in North Carolina?
In North Carolina, cannabis remains illegal for recreational or home use under state law. However, the penalties vary significantly depending on quantity and context:
Possession
- Up to 0.5 oz: Class 3 misdemeanor with fines up to $200, no jail time unless the person has over three prior convictions.
- 0.5–1.5 oz: Class 1 misdemeanor. Penalties include up to 45 days in jail and fines that can reach $1,000.
- 1.5 oz–10 lbs: Class I felony. Up to 8 months in prison and/or fines around $1,000.
Cultivation
- Any amount at home is illegal and prosecuted as a felony. Growing under 10 lbs carries 3–8 months in prison; even small-scale cultivation is treated severely.
- Home cultivation is prohibited.
- There are no legal cannabis dispensaries under state law. Only the Eastern Band of Cherokee Indians on the Qualla Boundary may legally sell medical and recreational cannabis.
Distribution & Sale
- Possession with intent to deliver or sale is always a felony, regardless of scale.
- Delivery without payment (e.g., sharing less than 10 lbs) is Class I felony (3–8 months).
- Selling under 10 lbs: Class H felony, punishable by 4–25 months in prison.
Paraphernalia
- Possession or use of cannabis paraphernalia is not a crime, but selling or distributing it is a Class 1 misdemeanor, escalating to a felony if distributed to a minor.
What Future for Cannabis Legislation in North Carolina?
North Carolina is at a potential turning point. On June 4, 2025, Governor Josh Stein issued an executive order establishing a 24‑member State Advisory Council on Cannabis to study and recommend regulatory frameworks, including the possibility of legalizing adult recreational use. Preliminary findings are due by March 15, 2026, with final recommendations by December 31, 2026.
Meanwhile, legislative efforts continue: Senate Bill 350, introduced in March 2025, proposes full legalization and regulation of retail cannabis. Another pending measure, H1011 (Compassionate Care Act), seeks to finally legalize medical marijuana, though it’s uncertain whether the Republican‑controlled House will bring it to a vote.
In summary, while recreational cannabis remains illegal, meaningful change is on the horizon. With a governor-led review process and active bills in the legislature, North Carolina may, within the next year, chart a careful, regulated path toward legalization.
To Sum Up
Is marijuana legal in North Carolina? No, both recreational and most forms of medical cannabis remain illegal under state law. While possession of small amounts has been decriminalized, cultivation, sale, and broader consumption are still prohibited.
Only limited use of low-THC CBD oil is permitted for specific medical conditions like intractable epilepsy. However, recent efforts, including the creation of a state cannabis advisory council, signal that reform may be on the horizon.
As policies continue to evolve, staying informed through official state updates and reliable legal resources is essential for anyone living in or traveling to North Carolina.
Rita Ferreira
Rita is a seasoned writer with over five years of experience, having worked with globally renowned platforms, including Forbes and Miister CBD. Her deep knowledge of hemp-related businesses and passion for delivering accurate and concise information distinguish her in the industry. Rita's contributions empower individuals and companies to navigate the complexities of the cannabis world, and her work remains a valuable resource for those seeking a deeper understanding of its potential.
