Weed Laws in North Carolina

North Carolina is the 9th most populous state, having over 10 million residents. Situated in the Southeastern part of the United States, North Carolina is bordered by the Atlantic Ocean, Virginia, Georgia, South Carolina, and Tennessee. Known as the “First in Flight” state, North Carolina was home to the Wright Brothers, who piloted the first aircraft. North Carolina's most populous city, Charlotte, is home to several must-see attractions, including the NASCAR Hall of Fame, Carowinds, Discovery Place, Carolinas Aviation Museum, and Latta Arcade. For nature fans, you will not want to miss a trip to see Daniel Stowe Botanical Gardens, Freedom Park, and the U.S National Whitewater Center located in Charlotte, North Carolina.

A quick stop in Raleigh and you can visit Research Triangle Park, which is host to several music events throughout the year! Research Triangle Park is also home to over 300 companies and is central to Duke University, North Carolina State University, and the University of North Carolina at Chapel Hill. North Carolina also prides itself on its barbecue, and the Lexington Barbecue Festival is held every year in the Piedmont Triad. 

North Carolina is one of 13 states that does not have a legal medical marijuana program. The only area within North Carolina where medical marijuana is legal is the Qualla Boundary. Attempts have been made to legalize medical and recreational marijuana but have, unfortunately, been unsuccessful.

Is Weed Legal in North Carolina?

The consumption of marijuana is illegal for both medicinal and recreational purposes in North Carolina unless you are a medical marijuana patient within the Qualla Boundary.

Weed Legalization in North Carolina

North Carolina decriminalized the possession of half an ounce of cannabis or less, punishable by only a fine of up to $200 in 1976. Under HB 1220, the state of North Carolina legalized the use of CBD oil with less than 0.3% THC and at least 10% CBD for intractable epilepsy in 2014. Unfortunately, HB1220 did not permit companies to manufacture CBD oil. Former North Carolina Governor Pat McCrory increased the CBD oil limit to at least 5% CBD and less than 0.9% THC for individuals with intractable epilepsy with HB766 in 2015. 

In April 2021, several North Carolina state senators introduced NC S711, the North Carolina Compassionate Care Act, which would have legalized the sale and use of medical marijuana. Last April, House Representatives also introduced a bill, NC H617, which would have established a framework for legalizing adult-use cannabis sales. One year before the United States passed the 2018 Farm Bill, North Carolina legalized hemp cultivation and reinstated its Industrial Hemp Pilot Program in 2017. As of 2022, the consumption of cannabis is still not legal for medicinal or recreational use in the state of North Carolina.

However, in August of 2021, the Eastern Band of Cherokee Indians legalized the sale and use of medical marijuana on their land within the Qualla Boundary. Individuals can buy up to one ounce and 2,500mg of THC per day, but no more than six ounces and 10,000mg of THC per month. It is illegal to take cannabis outside of the boundary.

Cannabis Tax in North Carolina

The sale, possession, and use of cannabis for medical or recreational purposes in North Carolina are still illegal. If the state does legalize the recreational sale of cannabis, they are likely to follow the lead of other adult-use cannabis states by implementing excise taxes in addition to the state sales tax.

Is Cannabis Delivery Available in North Carolina?

NO, marijuana delivery is not available for either medicinal or recreational purposes in the state of North Carolina.

Where Can You Legally Use Weed in North Carolina?

Cannabis cannot legally be consumed by any individual in the state of North Carolina unless you are a medical marijuana patient over the age of 21 within the Qualla Boundary. Cannabis paraphernalia is also illegal in North Carolina and is considered a misdemeanor. The offender could spend up to 45 days in jail and pay a maximum fine of $1,000 for using, possessing, selling, delivering, or manufacturing paraphernalia. 

What are the Restrictions on Cannabis Possession in North Carolina?

Cannabis cannot legally be possessed by any individual in the state of North Carolina unless they are a medical marijuana patient over the age of 21 within the Qualla Boundary. Medical marijuana patients within the Qualla Boundary can possess up to one ounce of cannabis.

In the rest of the state, the possession of half an ounce or less of cannabis is considered a misdemeanor and carries a fine of up to $200. Possession of more than 1.5 ounces of cannabis is a felony punishable by up to 8 months in prison and a maximum fine of $1,000. 

Cultivating fewer than 10 lbs of cannabis in North Carolina is a felony punishable by up to 8 months in prison and a maximum fine of $1,000. Cultivating more than 10 lbs of cannabis carries a mandatory minimum two-year sentence in prison and a maximum fine of $5,000.

For hash and concentrates, possession of more than 0.15 ounces is a felony punishable by up to 6 months in prison and a maximum fine of $200.

Frequently Asked Questions About Marijuana in North Carolina

Is recreational marijuana legal in North Carolina?

No, recreational marijuana is not legal to use, sell, grow, or purchase in North Carolina unless you are a medical marijuana patient within the Qualla Boundary.

Is medical marijuana legal in North Carolina?

Medical marijuana is only legal within the Qualla Boundary of North Carolina. Outside of this boundary, use, growing, and possession are illegal for any reason by individuals.

Where can you buy medical marijuana in North Carolina?

Within the Qualla Boundary, medical marijuana patients can buy medical marijuana. As of 2022, there are no dispensaries in operation.

Can non-Tribal residents purchase medical marijuana in North Carolina?

Yes, non-Tribal residents will be allowed to purchase medical marijuana within the Qualla Boundary. However, possession of half an ounce or less of cannabis outside of the boundary is still considered a misdemeanor.

How much can a medical marijuana patient possess in North Carolina?

Within the Qualla Boundary, medical marijuana patients can possess up to one ounce of cannabis.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.