North Carolina marijuana laws

Is marijuana legal in North Carolina?

Marijuana is not legal in North Carolina, including recreational use. Narrow medical exceptions apply to individuals with intractable seizure disorder but only allow for low-THC/high-CBD cannabis.

The penalties for marijuana—a schedule VI controlled substance in North Carolina—are serious, although not as severe as some states. Small amounts of weed will only lead to a maximum fine of $200 (without jail time). Still, simply possessing more than a half-ounce of cannabis or paraphernalia like a pipe can lead to days or months of jail time and a fine of up to $1,000.

Those cultivating cannabis are penalized based on the weight of the plant and can receive fines up to $200,000 and jail time of up to 18 years for large amounts of cannabis. Even amounts as low as 10 pounds come with a mandatory 2 years in jail.

Don’t push your luck in North Carolina, which had 15,889 marijuana arrests in 2016.

Here is a list of penalties for possession, sale, and/or distribution of marijuana, or hash, or paraphernalia in North Carolina.

North Carolina does have a limited medical cannabis program that allows patients with intractable seizure disorders to use some high-CBD/low-THC cannabis products. Unfortunately, it does not allow for the production of high CBD cannabis products so patients need to obtain those products from other states.

North Carolina recreational and medical marijuana legalization efforts

Efforts to legalize cannabis in North Carolina have been relatively unsuccessful. There have been some recent efforts in 2019 and 2020 to push forward medical bills but these have all failed to change marijuana laws in North Carolina.

In 2019, 19 cosponsors introduced H 401, a bill that would have opened up a full medical cannabis program in the state. Unfortunately, the bill carried over to 2020 and was never given a committee hearing or vote before the legislature adjourned.

Earlier in 2019, the Senate approved S 168, a bill which would have expanded a pre-existing law, HB 1220, which allows those with intractable seizure disorders to use high-CBD cannabis. The bill expanded this to also include autism, Crohn’s disease, multiple sclerosis, mitochondrial disease, and other conditions that failed to respond to at least three other treatment options. But the bill was revised in 2020 so that it no longer allowed these additional uses of high-CBD cannabis.

Another bill, S 58, cosponsored by four senators, would have made possession of up to 4 ounces of marijuana legal—but this bill also did not get a hearing during the 2019-2020 legislative session.

Several North Carolina senators and house representatives are up for re-election in the fall of 2020, and pro-cannabis representatives could help reform these laws. North Carolina residents can register to vote here.

Voter support

Support for medical cannabis is high and recreational is growing. Some 80% of North Carolina Voters in a 2017 poll from Elon University supported medical cannabis legalization and 45% supporting recreational cannabis as well.

Local decriminalization in North Carolina

North Carolina has enacted some cannabis decriminalization policies. In 1977, the legislature changed the law to stop jailing first offenders with small amounts of cannabis and to significantly reduce penalties for cannabis crimes.

Still, experts say it is one of the worst decriminalization laws in the country because it still leaves first offenders with a misdemeanor charge on their record. 

North Carolina cannabis DUI laws

Like everywhere else, it’s illegal to drive while under the influence. Cannabis is a controlled substance in North Carolina and you can’t drive on a controlled substance. If you have ANY amount of cannabis or it’s metabolites in your blood or urine, you will be breaking the law.

In North Carolina, it is also assumed that by driving, you consent to a chemical analysis of your breath, blood or urine. If you refuse a drug test, your license will be suspended for one year, and you may be compelled to take the test by an officer under other laws as well.

Depending on the circumstances of your arrest and certain mitigating factors, the judge and jury will classify your offense as falling into one of five levels, each with varying levels of punishment.

The penalties are severe for intoxicated driving on any substance. These penalties start at a minimum of 24 hours in jail and a $200 dollar fine, but could lead to up to two years in jail and a $4,000 fine.

The imprisonment term may be suspended in lieu of community service or probation, but the defendant must have substance abuse assessment and treatment as both a condition of probation and to restore the driver’s license. Also, the judge on the case may reduce the term if the defendant participates in an approved alcohol monitoring system.

Keep up with the latest news about legalization in North Carolina