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.
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.
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.
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