North Carolina continues to enforce a largely prohibitive approach to cannabis law, keeping recreational weed illegal and allowing only limited medical exceptions under state statute. While small amounts of marijuana are decriminalized to a degree, possession can still carry fines or criminal charges, and full medical cannabis access remains unavailable outside narrow CBD allowances and tribal jurisdiction. This page explains North Carolina’s current marijuana legality, including recreational restrictions, medical marijuana status, CBD rules, tribal legalization within EBCI territory, and ongoing legislative efforts. For readers who want to compare how North Carolina’s cannabis laws differ nationwide, see our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Is marijuana legal in North Carolina
As of May 2025, marijuana is still largely illegal in North Carolina for both recreational and medical purposes, with a few narrow exceptions.
1. Recreational Use
- Status: Illegal statewide.
- Penalties:
- Possession of less than 0.5 ounces is a Class 3 misdemeanor (typically a fine).
- Possession of 0.5 to 1.5 ounces is a Class 1 misdemeanor (possible jail time).
- Larger quantities or intent to distribute result in felony charges.
2. Medical Marijuana
- Legal Status: Not broadly legalized.
- CBD Exception:
- Other Conditions: No legal protections or allowances for other medical conditions.
3. Tribal Legalization (EBCI Territory)
- The Eastern Band of Cherokee Indians (EBCI) legalized recreational cannabis in September 2023.
- Applies only within the Qualla Boundary (tribal lands in western North Carolina).
- Adults 21 and older can legally purchase and consume marijuana on tribal land.
- State law still applies outside tribal jurisdiction.
4. Legislative Developments
- A bill titled the Marijuana Legalization and Reinvestment Act (HB 413) was introduced in March 2025.
- Key proposals:
- Legalization of marijuana for recreational use by adults aged 21 and up.
- Growing to six plants at home.
- A 30% marijuana sales excise tax.
- Expungement of certain past marijuana-related convictions.
- Revenue allocation toward community reinvestment programs.
- Status: The bill is pending and faces opposition in the legislature, particularly from Republican lawmakers.
5. Summary
- Recreational marijuana: Illegal except on EBCI tribal lands.
- Medical marijuana: Severely restricted; only CBD oil for epilepsy is allowed.
- Reform efforts: Ongoing but uncertain due to political challenges.
- Travelers and residents should stay updated and comply with current laws to avoid legal issues.
