Apex, NC Cannabis Regulations: Home Cultivation (2026)

North Carolina is one of the last states without either a recreational marijuana program or a functional medical marijuana program. All cultivation, possession, and distribution of marijuana remain criminal offenses under NCGS 90-95 (Schedule VI controlled substances). Marijuana is classified as a Schedule VI controlled substance under NCGS 90-94 — the most lenient of the state's controlled-substance schedules — but cultivation, possession, and distribution all remain unlawful. NCGS 90-95(a) makes it unlawful to manufacture, sell, deliver, or possess marijuana. Cultivation falls under the statutory definition of 'manufacture' and is treated as a separate offense from simple possession. Penalties: cultivation of any quantity of marijuana is a Class I felony under NCGS 90-95(b)(2) (8-12 months presumptive sentence range for a Prior Record Level I offender); cultivation of more than 10 pounds becomes felony trafficking under NCGS 90-95(h)(1) with mandatory minimum sentences and fines that escalate by quantity (25-50 lb = 25 months minimum / $5,000 fine; 50-2,000 lb = 35 months / $25,000; 2,000-10,000 lb = 70 months / $50,000; over 10,000 lb = 175 months / $200,000). Simple possession of up to 0.5 oz remains a Class 3 misdemeanor (max $200 fine, no jail for first offense). Multiple bills to legalize medical marijuana have been introduced (most recently H 413 in the 2025-2026 Session) but none has passed. Governor Stein's Executive Order No. 16 (2025) established the State Advisory Council on Cannabis to recommend regulatory options by the end of 2026, but no statutory authorization for either medical or recreational marijuana exists as of May 2026. Hemp products with less than 0.3% THC are legal under federal and state law. Apex and Wake County have not adopted — and cannot lawfully adopt — any local home-grow allowance, because cannabis cultivation is preempted by state criminal law.