Road To Legalization: Is Weed Legal In North Carolina?

If we head southeast, North Carolina is one of the few states that hasn’t legalized cannabis use. Even though North Carolinian advocates are rallying behind the plant for its therapeutic benefits and economic boost, cannabis laws have barely budged for over a decade.

Here’s what you need to know about the current legal landscape of cannabis in North Carolina.

As of 2025, cannabis remains illegal in North Carolina, both recreationally and medically, with one very narrow exception involving low-THC CBD oil for qualifying patients.

Is recreational weed legal in North Carolina? No, recreational marijuana is still illegal in North Carolina. Even though some municipalities have leaned back on enforcement for small amounts, state laws treat any possession as a criminal offence.

Is medicinal weed legal in North Carolina? Not officially. Full-scale medical marijuana legalization hasn’t happened yet. North Carolina marijuana laws allow some patients with qualifying conditions to use CBD oil with less than 0.9% THC and at least 5% CBD, and even that applies to a very limited group of patients. This is not considered a true medical marijuana program.

What’s surprising is that public opinion doesn’t match the law. A 2025 Meredith College poll revealed that 71% of North Carolina voters support legalizing medical marijuana, yet legislative progress continues to lag far behind that support.

According to North Carolina state cannabis regulations, marijuana in NC is treated similarly to how it is federally. It’s a controlled substance where possession, sale, and cultivation are illegal. The weed laws in North Carolina have different penalties, depending on how much you’re caught with.

Here’s a breakdown of current marijuana possession penalties in North Carolina:

• Possession of less than 0.5 ounces: Class 3 misdemeanor offense, punishable by a maximum $200 fine with no jail time. This is considered a limited form of decriminalization, but it still results in a criminal record.
• Possession of 0.5 to 1.5 ounces: Class 1 misdemeanor, punishable by up to 45 days in jail and a fine of up to $1,000.
• Possession of more than 1.5 ounces but less than 10 pounds: Class I felony charge, typically resulting in 3-8 months jail time and discretionary fines.
• Possession of 10-50 pounds: Class H felony, punishable by a mandatory minimum of 25 months and a maximum of 39 months in prison, along with a minimum fine of $5,000.
• Possession of 50+ pounds: Class G felony can result in a maximum prison sentence of 51 months, and a minimum $25,000 fine.

First-time offenders with clean records might qualify for a conditional discharge or drug education program, depending on the judge’s discretion. However, a conviction will still result in a criminal record. Sale or cultivation charges are treated much worse—we’re talking felony charges for even small amounts. Penalties can include years of prison time and massive fines up to $200,000 for larger quantities.

North Carolina’s attempts to legalize medical cannabis have been slow and largely unsuccessful. The first step came in 2014, when the state passed a narrow law allowing patients with intractable epilepsy to possess hemp extract with less than 0.9% THC and at least 5% CBD.

The odd part? It doesn’t give patients the legal right to purchase these products within the state, leaving them in a legal limbo.

Nearly a decade later, in 2023, lawmakers introduced the Compassionate Care Act, a bill aimed at creating a structured medical cannabis program for patients with serious health conditions like cancer, PTSD, and multiple sclerosis. Although it passed in the North Carolina Senate, the bill stalled in the House and never became law, which ultimately left thousands of North Carolinians without legal options for therapeutic cannabis treatment.

Had it passed, the Compassionate Care Act would have:

• Created a legal framework for medical marijuana use
• Established a registration system for qualifying patients
• Allowed access for those with debilitating medical conditions like cancer, ALS, Parkinson’s disease, and multiple sclerosis
• Allowed eligibility for patients in hospice care with a life expectancy of less than eight months
• Created a compassionate use advisory board to oversee the program

Since North Carolina doesn’t have a state-sanctioned medical marijuana program, residents can’t get a medical marijuana card as locals would in other states like Florida. But not all is lost—there’s still one exception.

The Eastern Band of Cherokee Indians (EBCI) operates under tribal sovereignty on tribal land in western North Carolina. It established its own medical cannabis program when the Cherokee Tribal Council approved medical marijuana legislation in 2021.

This program allows the Eastern Band to issue medical cannabis cards to qualifying patients. And yes, that extends to non-tribal members. To qualify through this program, patients must have one of several qualifying conditions, including:

• Cancer
• HIV/AIDS
• Glaucoma
• Crohn’s disease
• Sickle cell anemia
• Persistent nausea
• Wasting syndrome
• Post-traumatic stress disorder

Interested in this option? Here’s what to do:

1. Consult with a physician who can provide documentation of a qualifying medical condition
2. Apply through the EBCI Cannabis Control Board
3. Pay any applicable fees
4. Receive approval from the tribal advisory board

It’s important to note that even though this path gets you access to legal medical cannabis, it’s only applicable on tribal lands. That means marijuana possession is still illegal under state law when off tribal territory.

North Carolina seems to follow the federal law quite closely regarding cannabis. Both the feds and NC state have deemed it downright illegal. And while the future of weed in North Carolina remains uncertain, there are signs of change on the horizon.

With recent polls showing that a majority of North Carolinians support both medical marijuana and efforts to legalize recreational marijuana, and with multiple cannabis-related bills introduced in recent years, it’s only a matter of time before change takes root.

Until then, keep rallying.