Winston-Salem, NC Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Legal Status
- Illegal statewide
- Home Grow
- No exception exists
- Statute
- NCGS 90-95(a)(1)
- One Plant
- Class I felony
- Local Authority
- None - state preempted
Summary
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.
(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; (2) To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit controlled substance; (3) To possess a controlled substance. [...] (2) A controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class I felon, except that the sale of a controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class H felon. The transfer of less than 5 grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1). [...] (4) A controlled substance classified in Schedule VI shall be guilty of a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation. If the quantity of the controlled substance exceeds one-half of an ounce (avoirdupois) of marijuana or one-twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor. If the quantity of the controlled substance exceeds one and one-half ounces (avoirdupois) of marijuana, or three-twentieths of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, or if the controlled substance consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the violation shall be punishable as a Class I felony.
Full Breakdown
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. 5 ounces is a Class I felony. 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.
Violations & Fines
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.
Frequently Asked Questions
Can I grow a marijuana plant at home in Winston-Salem?
What about medical marijuana?
Sources & Official References
- [1]NCGS 90-95
Other rules in Winston-Salem
Compare Winston-Salem to another location·View the North Carolina cannabis regulations overview
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