Cannabis is illegal for both recreational and medical purposes in North Carolina. However, there is a low-THC program for qualifying patients, as well as a medical cannabis program governed by the Eastern Band of Cherokee Indians (EBCI) Cannabis Control Board. Delta-8 and other cannabinoids manufactured from hemp-derived CBD are legal in the state.

Possession of a half ounce or less of cannabis is decriminalized, meaning there is no jail time; however, it’s still classified as a misdemeanor and can be punishable with a $200 fine.

Medical Marijuana Laws in North Carolina

In 2014, a limited medical marijuana law was signed that allows low-THC, CBD-rich hemp-derived products in North Carolina, but medical marijuana is still illegal. Patients with intractable epilepsy may possess and use hemp extracts that have less than 0.9% THC and at least 5% CBD under this program.

There is currently medical cannabis legislation — Senate Bill 3 — making its way through the state legislature that some have said is likely to pass. Senate Bill 3 would establish a state-licensed medical cannabis program and allow patients with qualifying conditions to purchase medicine at authorized dispensaries.

A medical CBD card is the only way to legally consume low-THC CBD-rich cannabis/hemp products in North Carolina unless you live on tribal land.

A Cherokee tribe in North Carolina effectively legalized medical marijuana. Qualifying patients, 21 years or older, residing within the Qualla Boundary may legally purchase 1 ounce of cannabis per day, no more than 6 ounces per month, or 2,500 milligrams of THC, no more than 10,000 milligrams a month.

Qualifying patients who do not live within the Qualla Boundary are still eligible to receive a recommendation and purchase medical marijuana at a medical cannabis dispensary located on the tribal land.

What to Know About About Medical Cannabis in North Carolina

Cannabis laws and state programs are different across the country and often have various restrictions or limitations that can be confusing. It’s essential to know the rules in the state you live in or plan on visiting as a medical cannabis patient.

Qualifying Conditions

The only qualifying condition for the state of North Carolina’s low-THC oil program is intractable epilepsy. However, under the EBCI Chapter 17 Program there are several other recognized qualifying conditions. These conditions include:

• Anxiety disorders
• Autism spectrum disorder
• Autoimmune disease
• Anorexia nervosa
• Cancer
• Dependence upon or addiction to opioids
• Glaucoma
• HIV/AIDS
• Neuropathic condition, whether or not such condition causes seizures
• Post-traumatic stress disorder (PTSD)
• A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following: cachexia; muscle spasms, including, without limitation, spasms caused by multiple sclerosis; seizures, including, without limitation, seizures caused by epilepsy; nausea; severe or chronic pain
• Any other medical condition or treatment for a medical condition classified as a chronic or debilitating medical condition by regulation of the board; approved as a chronic or debilitating medical condition pursuant to a petition submitted per Section 17-99.

Telemedicine Is Not Allowed for MMJ Certification

Telemedicine is not allowed for medical cannabis certification. However, you can contact Leafwell today and join the waitlist. We’ll help you start your application process to receive your medical card as soon as we’re up and running in North Carolina!

North Carolina Does Not Have Reciprocity

North Carolina does not have reciprocity laws for out-of-state medical marijuana patients. The following states and U.S. territories, however, do recognize out-of-state medical cards:

• Arizona
• Alaska ^
• Arkansas *
• California ^
• Colorado ^
• Connecticut ^
• Delaware ^
• Guam
• Hawaii *
• Illinois ^
• Maine
• Maryland ^ (as of July 2023)
• Massachusetts
• Michigan (qualifying state must also have reciprocity with Michigan)
• Missouri ^
• Montana
• Nevada
• New Hampshire
• New Jersey *
• New Mexico * (recreational cannabis is legal in NM)
• New York ^
• Oklahoma *
• Oregon ^
• Pennsylvania (minors only)
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah (max. 45 days, after which the patient must apply for a Utah MMJ card)
• Vermont ^
• Virginia ^
• Washington ^
• Washington D.C.

States marked with * require visitors to complete a visiting patient application for the duration of their stay.

States marked with ^ have adult use programs but do not accept out-of-state cards.

Can You Grow Cannabis In North Carolina?

Cultivation is illegal in North Carolina. Growing marijuana for either personal or medical use is a felony offense. Penalties include fines up to $200,000 and jail time ranging from 3-222 months, depending on the severity of the crime.

The Bottom Line

Marijuana is illegal for recreational and medicinal use in North Carolina, though there is a state-recognized low-THC oil program for patients with intractable epilepsy. Medical cannabis is also legal for qualifying patients on tribal land in the Cherokee Nation tribe within the Qualla Boundary. Possessing or using marijuana recreationally will incur penalties, including fines and imprisonment.