North Carolina has no medical or recreational cannabis program and Chapel Hill follows state law. Cultivating any amount of marijuana is a felony under NCGS 90-95: cultivation of under 10 pounds is a Class I felony punishable by 3 to 8 months imprisonment for a first offense; 10 pounds or more but less than 50 pounds is a Class H felony; 50 pounds or more but less than 2,000 pounds is a Class G felony. Home cultivation is therefore prohibited for residents of Chapel Hill regardless of personal-use claims or out-of-state medical cards. Governor's Executive Order 16 (2025) established an Advisory Council on cannabis policy, and H 413 (2025) is pending in the General Assembly, but as of May 2026 no legal home cultivation pathway exists.
North Carolina is one of the last remaining U.S. states with no medical cannabis program and no decriminalization framework. Chapel Hill, Orange County, and all NC municipalities are preempted from authorizing cannabis cultivation by state law - NCGS 90-95 (Manufacture, sale, delivery, or possession of controlled substances) makes any cultivation of marijuana - even a single plant on private residential property - a felony. Specifically, NCGS 90-95(d)(4) places marijuana in Schedule VI and NCGS 90-95(h) sets the felony cultivation tiers: under 10 pounds is a Class I felony (3 to 8 months for a first offense); 10 pounds or more but less than 50 pounds is a Class H felony (4 to 25 months); 50 pounds or more but less than 2,000 pounds is a Class G felony; 2,000 pounds or more but less than 10,000 pounds is a Class F felony; 10,000 pounds or more is a Class D felony. Possession with intent to manufacture, sell, or deliver is also a Class I felony under NCGS 90-95(b)(2). Simple possession of 0.5 ounces or less is a Class 3 misdemeanor with a maximum $200 fine and a suspended jail term; 0.5 to 1.5 ounces is a Class 1 misdemeanor (1 to 45 days); more than 1.5 ounces is a Class I felony. North Carolina hemp is legal under the federal 2018 Farm Bill and NC Industrial Hemp Act, but hemp is defined by THC content under 0.3% on a dry weight basis - higher-THC plants fall under the marijuana definition and trigger the NCGS 90-95 felonies. Governor Stein's Executive Order 16 (2025) established a North Carolina Advisory Council on cannabis policy, and House Bill 413 (2025) - the NC Compassionate Care Act - was filed but remains pending in committee with no enacted legal home cultivation pathway as of May 2026. The federal Controlled Substances Act 21 U.S.C. 841 also continues to apply.
Cultivating any amount of marijuana on residential property in Chapel Hill is a Class I felony for under 10 pounds under NCGS 90-95(h)(1)(a), with a presumptive active sentence of 3 to 8 months for first-offense Class I, plus a discretionary fine. Larger quantities trigger Class H (10 to 50 lbs), Class G (50 to 2,000 lbs), Class F (2,000 to 10,000 lbs), and Class D (10,000+ lbs) felonies. Federal Controlled Substances Act 21 U.S.C. 841 violations remain independently chargeable - manufacturing marijuana is a federal felony with up to 5 years for less than 50 plants. Property used to grow marijuana can be seized under NC and federal asset forfeiture (NCGS 90-112 / 21 U.S.C. 881). Convictions carry collateral consequences including loss of professional licenses, ineligibility for federal student aid, immigration consequences for non-citizens (cultivation is an aggravated felony), and federal firearm prohibition under 18 U.S.C. 922(g)(3).
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