On April 10, 2026, the North Carolina Advisory Council on Cannabis released a report proposing the establishment of a legal marijuana market in the state. Despite marijuana being decriminalized in North Carolina—meaning possession of small amounts intended for personal use usually results in civil infractions—the state remains one of only ten in the U.S. without legal medical or recreational cannabis. In 2022, consumers in North Carolina reportedly spent around $3.2 billion on illicit marijuana, placing the state second nationwide for the size of illicit marijuana markets.
Current Cannabis Legislation in North Carolina
The council’s report highlighted the significant market for intoxicating hemp-derived cannabinoid products, which continues to thrive despite the lack of cannabis legalization. It pointed out that without uniform standards for manufacturing, testing, labeling, and age verification, the current environment poses risks to public health. The report recommended changes to regulate the cannabinoid products sold in the state.
Is Marijuana Legal in North Carolina?
While marijuana itself remains illegal, industrial hemp with negligible THC levels is permitted. However, a loophole has emerged, allowing products like delta-8 THC—an intoxicating cannabinoid extracted from hemp—to be legally sold. Delta-8 is not specifically regulated, meaning its safety for consumption has not been evaluated by the FDA.
Potential Legalization Efforts
The advisory council’s report indicated that North Carolina exists in a “dangerous policy gap” regarding cannabis regulation. The absence of a clear prohibition or robust regulatory framework leaves the market for intoxicating cannabinoid products largely unmonitored. Recommendations included establishing a well-regulated adult-use market to allow legal purchase and possession of cannabis products from licensed retailers.
Local Context: Cherokee, NC
The Eastern Band of Cherokee Indians legalized medical marijuana sales in 2021 within their sovereign territory, known as the Qualla Boundary. This unique status allows the tribe to regulate cannabis despite state laws prohibiting it.
Recreational and Medical Marijuana in Other States
As of February 2026, 24 states have fully legalized recreational marijuana, including states like California, Colorado, and New Mexico. In addition, 16 states have legalized medical marijuana, such as Florida and Texas. These developments highlight the shifting landscape of cannabis legislation across the United States.