Home Cultivation: Apex vs Cary

Can I grow my own marijuana in Apex for medical use?

No. North Carolina has no operational medical marijuana program — it is one of the last holdout states. All cultivation of marijuana remains a Class I felony under NCGS 90-95(b)(2) with no medical exception. Multiple medical-marijuana bills have been introduced (most recently H 413 in the 2025-2026 Session) but none has passed. Governor Stein's Executive Order No. 16 (2025) established a State Advisory Council on Cannabis to deliver recommendations by the end of 2026, but no statutory authorization currently exists. Hemp products with less than 0.3% THC are legal under federal and state law.

What if I just grow a couple of plants at home in Apex?

Even cultivation of a single marijuana plant is a Class I felony under NCGS 90-95(b)(2), with a presumptive sentence range of 8-12 months for a Prior Record Level I offender. Real property and equipment used in cultivation are subject to forfeiture under NCGS 90-112. Cultivation of more than 10 pounds becomes trafficking under NCGS 90-95(h)(1) with mandatory minimum prison sentences. Distribution adds Class H felony exposure. There is no medical exception in North Carolina. Apex cannot lawfully adopt a local home-grow allowance because cannabis cultivation is preempted by state criminal law.

Can I grow a single plant for personal use?

No. NCGS §90-95(a)(1) makes it unlawful to manufacture any amount of a controlled substance. There is no personal-use exemption — even one plant is a Class I felony.

Is hemp cultivation different?

Yes. Industrial hemp (≤ 0.3% Delta-9 THC) can be grown under USDA-approved licenses, but unlicensed hemp cultivation and any plant testing over 0.3% THC is treated as marijuana under §90-95.

What about medical marijuana with a card from another state?

NC does not recognize out-of-state medical cards. Cultivation, possession over 0.5 oz, and use remain unlawful regardless of medical authorization elsewhere.