Wake County, NC Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Legal plant count
- Zero
- Under 10 lbs
- Class I felony
- 10-50 lbs
- Class H felony ($5,000 min)
- 50-2,000 lbs
- Class G felony ($25,000 min)
- Authority
- NCGS §§90-95(a)(1), 90-95(b)(2)
Summary
Home cultivation of marijuana is illegal in Wake County and statewide. Under NCGS §90-95(a)(1) it is unlawful to manufacture (which includes cultivation) any controlled substance, and marijuana is a Schedule VI substance. Cultivating less than 10 pounds is a Class I felony under §90-95(b)(2); 10 pounds to less than 50 lbs is a Class H felony; and 50 lbs to less than 2,000 lbs is a Class G felony.
(a) Except as authorized by this Article, it is unlawful for any person: (1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance … (b)(2) … any person who violates G.S. 90-95(a)(1) with respect to a controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class I felon …
Full Breakdown
North Carolina has no medical or adult-use cannabis program in 2026, and no home-cultivation allowance, not even for a single plant. The Compassionate Care Act (S.B. 3) has been introduced in multiple sessions but has not become law. The only NC location where adult-use cannabis is legal is the Qualla Boundary under Eastern Band of Cherokee Indians tribal sovereignty; that exception does not extend into Wake County. Hemp-derived cannabinoids (CBD, Delta-8, THCA flower) are sold in retail stores statewide under the 2018 Farm Bill framework, but home cultivation of any Cannabis sativa with more than 0.3% Delta-9 THC remains a felony under §90-95. Wake County Sheriff's Office and SBI handle cultivation investigations; charges are prosecuted in Wake County Superior Court.
Violations & Fines
Class I felony for less than 10 lbs: 3-8 months active or community punishment for a first offense plus a discretionary fine under NCGS §90-95(b)(2). Class H felony for 10-50 lbs: 25-30 months and a $5,000 minimum fine. Class G felony for 50 lbs to under 2,000 lbs: 35-42 months and a $25,000 minimum fine. Felony convictions also trigger asset forfeiture under §90-112 and federal collateral consequences.
Frequently Asked Questions
Can I grow a single plant for personal use?
Is hemp cultivation different?
What about medical marijuana with a card from another state?
Sources & Official References
Other rules in Wake County
Compare Wake County to another location·View the North Carolina cannabis regulations overview
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