What are the cannabis laws in North Carolina?

Is any weed legal in North Carolina?

No. Currently, North Carolina is one of 26 states that has not legalized marijuana for recreational use and one of 11 states that has not legalized cannabis products for medical use.

Possession of small amounts of marijuana (under .5 ounces) is a misdemeanor with no jail time, but possession of larger amounts can bring stiffer penalties.

One notable exception is the Eastern Band of Cherokee Indians, which can implement its own laws and has legalized medical and recreational marijuana within the Qualla Boundary. Non-tribal members can purchase marijuana products at a dispensary on the boundary, but they would be in violation of state law if they bring it onto non-boundary property.

Recently, U.S. Senator Thom Tillis called for an investigation into the marketing of marijuana by the Great Smoky Mountain Cannabis Company. U.S. Attorney General Pam Bondi committed to Tillis that the federal Department of Justice would look into the issue.

What about hemp?

There are some forms of cannabis, however, that are available in North Carolina in the wake of 2018 federal legislation that legalized hemp.

Hemp and marijuana are products of the same plant, with the difference being the level of Tetrahydrocannabinol or THC, the chemical responsible for the marijuana “high.” The most abundant form of THC is called Delta-9. Another, less potent form is called Delta-8.

The concentration of delta-9 THC is the marker for what is legal or illegal in North Carolina. If a product contains less than .3% delta-9 THC, it is legally considered hemp. If it exceeds .3 % delta-9, it is outlawed in North Carolina. The legal hemp loophole permits sellers to offer unregulated products as long as they remain under the .3 percent threshold, according to the UNC School of Government.

What is happening now at the state level?

On June 3, 2025, Governor Josh Stein issued an executive order creating the North Carolina Advisory Council on Cannabis.

The order said “the current lack of regulation, including age, potency, and purity limitations, poses a threat to all North Carolinians, particularly our youth.”

Over the years, some legislators have also tried to change the state’s cannabis laws. A bill introduced earlier this year would have allowed those 21 years and older to use certain amounts of cannabis, but the measure died in a House Committee, according to the bill’s sponsor.

What could change in how the state regulates cannabis?

A national advocate for legalization, NORML, voiced some optimism about North Carolina legalizing medical marijuana in the foreseeable future.

For now, attention is focused on the bipartisan Cannabis Advisory Council, which held its first meeting in July and has a deadline to submit policy recommendations in March 2026.

The Council’s mandate could also provide an impetus for the state to enact new laws easing the current tight restrictions on medical and recreational marijuana.

Who could be affected by changes in the laws?

A wide swath of North Carolina residents could be impacted by changes in regulation.

People with health conditions could gain access to medical marijuana use. If medical marijuana is legalized, North Carolina will establish its own criteria for a qualifying health condition. Based on other states’ policies, those eligible are generally 18 and older and with documented conditions that include chronic pain and PTSD, among others. Currently, in North Carolina, other than those in the Eastern Band of Cherokee Indians program, the one condition that makes someone eligible for medical cannabis use is “intractable epilepsy.”

Laws around cannabis also affect different people in the industry such as farmers, retail cannabis business owners and attorneys who specialize in cannabis law. Recreational marijuana is a multi-billion dollar industry in the United States.

Changes in the law could also restrict young people’s ability to access hemp products. Any policy that moves toward legalizing the use of marijuana may apply to adults 21 and older.

Follow developments

There are a number of resources available to those who want to keep up on the status of cannabis regulation in the state.

The North Carolina Cannabis Information Portal is an pro-legalization organization that provides timely information about past, current and emerging trends in the state’s cannabis industry.

The Marijuana Policy Project is an organization advocating for legalizing cannabis that tracks news about cannabis laws and developments on a state-by-state basis. Track the work and meetings of the North Carolina Advisory Council on Cannabis at this site.