Home cultivation of cannabis is illegal under North Carolina law. NCGS 90-95 prohibits manufacture of marijuana including cultivation. Winston-Salem cannot authorize home growing regardless of amount. Penalties range from misdemeanor to felony based on plant count.
North Carolina has not legalized recreational or comprehensive medical marijuana as of 2026. NCGS 90-94 classifies marijuana as a Schedule VI controlled substance, and NCGS 90-95(a)(1) makes it unlawful to manufacture (including cultivate or grow) marijuana. No home-grow exception exists. Even a single cannabis plant constitutes manufacturing under state law. Penalties: cultivation of any amount is a Class I felony, with enhanced penalties (Class H or higher) based on weight if the plants are harvested. Simple possession of up to 0.5 ounces is a Class 3 misdemeanor; 0.5 to 1.5 ounces is a Class 1 misdemeanor; over 1.5 ounces is a Class I felony. The only legal cannabis product in North Carolina is hemp-derived CBD containing less than 0.3% Delta-9 THC (2018 Farm Bill and NC Industrial Hemp program). Delta-8 THC products occupy a legal gray area. North Carolinas Compassionate Care Act (medical marijuana legalization) has passed the Senate multiple times but has not been enacted as law. Winston-Salem cannot adopt a home-cultivation ordinance more permissive than state law.
Cultivation of any plant count: Class I felony (3 to 12 months active sentence for first offense, presumptive). Distribution to minors or within 1,000 feet of schools: enhanced Class G or higher felonies.
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