North Carolina Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed December 18, 2024

While most other American states have either legalized medical marijuana use or are moving in that direction, almost all forms of marijuana (or cannabis) use remain illegal in North Carolina. The state shows no signs of changing anytime soon. Republican lawmakers in control of North Carolina's state house have shown little interest in passing legislation to change state law. This is despite a 2021 Elon University poll showing widespread support for marijuana legalization among North Carolina residents.

Marijuana possession of under 0.5 ounces won't get you any jail time. But you'll still face a misdemeanor charge and a fine of up to $200. There is some relief through the Eastern Band of Cherokee Indians (EBCI) of the Qualla Boundary. It legalized medical marijuana use on its lands in April 2020. It began selling recreational marijuana in September 2024.

Given North Carolina's severe penalties for possession, cultivation, and sales of marijuana, it's crucial to know the current laws. This article will give you better knowledge of how North Carolina's marijuana laws work.

Navigating North Carolina Cannabis Laws

Using or possessing any amount of marijuana in North Carolina over a half ounce will leave you facing possible jail time and fines, no matter your medical condition. An exception exists for House Bill 1220 (HN 1220), also known as the Hope 4 Haley and Friends Act of 2014.

The law has been dismissed by cannabis advocates as more symbolic than useful. It allows the use of cannabis extracts or oils containing less than 0.9% THC (tetrahydrocannabinol) and a minimum of 5% CBD (cannabidiol) by weight by patients suffering from intractable epilepsy. CBD oil is derived from a strain of marijuana without psychoactive effects. There is no other medical use allowed for this low-powered solution.

Lawmakers in Raleigh classify marijuana as a Schedule VI drug. Yet, marijuana remains in a Schedule I classification and illegal under the federal Controlled Substances Act (CSA). There is no general medical marijuana use in North Carolina, nor is there a functioning medical cannabis program. All recreational use is outlawed as well. There are no operational dispensaries.

North Carolina, Marijuana, and the Eastern Band of Cherokee Indians (EBCI) of the Qualla Boundary

In April 2024, The Great Smoky Cannabis Company began serving medical marijuana patients in North Carolina on lands belonging to the Eastern Band of Cherokee Indians (EBCI). The EBCI Cannabis Control Board (CCB) oversees the company. The CCB issues medical marijuana cards to qualified patients.

Prospective patients must have a Medical Diagnosis Attestation Form signed by a licensed physician. They must also have a government-issued photo ID that proves they are residents of North Carolina. They can apply through the CCB online portal.

A valid tribal medical card will allow you to buy, have, and use cannabis and cannabis products on EBCI lands. But the right doesn't extend to North Carolina as a whole. You risk arrest for at least possession if you take bought cannabis off the ECBI nation.

The CCB has approved the sale of adult-use recreational marijuana on EBCI lands as well. Commencement of recreational cannabis sales began in September 2024.

Bipartisan Effort to Create a Medical Marijuana Program

In the last three years, the North Carolina State Senate has passed a medical marijuana bill only to see it fail to come up for a vote in the State House. Republicans control the State House and the State Senate while the Governor and the Attorney General both belong to the Democratic party.

The legislation passed the State Senate with bipartisan support as recently as 2024. Yet, the state house hasn't endorsed moving forward with a medical marijuana program.

Attorney General Josh Stein, who won the race for Governor in 2024, is not opposed to a medical marijuana bill. But he seeks more protections such as ID checks and counter controls to keep adolescents from accessing legal hemp products and marijuana.

North Carolina Marijuana Law Penalties

Almost all use of cannabis in North Carolina illegal and the legislature likely to keep it that way. So, it's important to know the strict marijuana laws of North Carolina backed by law enforcement. The table below offers a detailed summary of penalties associated with cannabis offenses in North Carolina.

Relevant North Carolina marijuana laws	North Carolina General Statutes — Chapter 90: Medicine and Allied Occupations Section 90-87 (definitions) Section 90-94 (schedule VI controlled substances) Section 90-94.1 (exemption for use or possession of hemp extract) Section 90-95 (violations, penalties)
Is marijuana legal in North Carolina?	No. Marijuana is illegal in North Carolina under most circumstances. The state allows the use of low-THC hemp extract cannabis for those with epilepsy. The Eastern Band of Cherokee Indians (EBCI) of the Qualla Boundary set its own drug laws for its territory. It has legalized medical marijuana and adult-use recreational marijuana. Dispensaries started selling medical marijuana to cardholders on April 20, 2024. Recreational use sales in the ECBI began September 2024.
North Carolina marijuana possession limits and penalties	Illegal Possession Penalties: Possession of 0.5 ounce of marijuana or less by adults over 21 is a class 3 misdemeanor in North Carolina. There is a fine of up to $200 and no possibility of jail time unless you have more than three prior convictions. Possession of more than 0.5 ounce and less than 1.5 ounces (class 1 misdemeanor): Up to 120 days in jail. Possession of 1.5 ounces and less than 10 pounds (class I felony): Up to 12 months in prison. Over 10 pounds: Punished as trafficking drugs. Note: North Carolina uses a structured sentencing system. So, the penalties for violating North Carolina marijuana laws depend on the circumstances. This includes the specific offense, prior criminal history, and aggravating or mitigating factors. Fines may be added by the court as well. Offenses committed on or near a park or school carry greater penalties.
North Carolina marijuana cultivation penalties	Illegal cultivation penalties: Under 10 pounds (class I felony): Up to 12 months If 10 pounds or more but less than 50 pounds (class H felony): Between 25 months and 39 months and a fine of at least $5,000 If 50 pounds or more but less than 2,000 pounds (class G felony): Between 35 months and 51 months in prison and a fine of at least $25,000 If 2,000 pounds or more but less than 10,000 pounds (class F felony): Between 70 months and 93 months and a fine of at least $50,000 If 10,000 pounds or more (class D felony): Between 175 months and 222 months and a fine of at least $200,000 Note: All cultivation in North Carolina is illegal and charged as a felony.
North Carolina marijuana sales and trafficking penalties	Illegal Sales/Trafficking Penalties: Under 10 pounds without payment (class I felony): Between three to eight months imprisonment and a discretionary fine* Under 10 pounds with renumeration (class H felony): Between four and 25 months imprisonment and a discretionary fine* Between 10 pounds and 50 pounds (class H felony): Between 25 months and 39 months imprisonment and a fine of at least $5,000 Between 50 pounds and 2,000 pounds (class G felony): Between 35 months and 51 months imprisonment and a fine of at least $25,000 Between 2,000 pounds and 10,000 pounds (class F felony): Between 70 months and 93 months imprisonment and a fine of at least $50,000 Over 10,000 pounds (class D felony): Between 175 months and 222 months imprisonment and a fine of at least $200,000 Note: All sales of marijuana in North Carolina are illegal and charged as felonies. Delivery of less than 5 grams for no remuneration is not viewed as a sale but can be charged as possession. *There is more flexibility in sentencing outcomes for sales under 10 pounds.

Note: State laws change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please conduct independent legal research or consult an attorney to verify the status of any North Carolina state laws you are reviewing.

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