In North Carolina, marijuana is both everywhere and still illegal. THC gummies and other hemp-derived cannabis products are sold openly in vape shops and gas stations across the state, even as people can still face criminal penalties for possessing marijuana.
Now lawmakers want voters to decide whether the state should finally join most of the country in legalizing medical marijuana and decriminalizing small amounts of cannabis.
NC Senate Bill 1072, introduced this session in the General Assembly, proposes two
constitutional amendments that would appear on a future statewide ballot. One would legalize medical marijuana for qualifying patients. The other would decriminalize limited marijuana possession for personal use.
The legislation leaves major questions unanswered, including how much cannabis adults would legally be allowed to possess and medical conditions that would qualify for treatment under the proposed medical program.
As of May 2026, recreational marijuana and general medical marijuana remain illegal in North Carolina, despite growing public support for legalization nationwide. Possession of 0.5 ounces or less is currently considered “decriminalized,” but still carries a Class 3 misdemeanor charge and a maximum $200 fine. Possession of larger amounts can still result in jail time or felony charges.
At the same time, hemp-derived THC products, including Delta-8 and THCa, are widely
available in smoke shops, gas stations and vape stores across the state, despite marijuana
remaining illegal under North Carolina law.
That contradiction is one reason state leaders are beginning to revisit cannabis policy.
In 2025, Gov. Josh Stein created the North Carolina Advisory Council on Cannabis after
acknowledging that intoxicating THC products are already easily accessible across the state – including to minors. The council is currently studying how North Carolina could create a regulated adult cannabis market designed to protect children, improve public safety, support farmers, and generate tax revenue.
The council is also exploring ways to expunge past convictions for simple THC possession and invest future cannabis revenue into addiction treatment, mental health services, and impaired-driving detection programs.
Supporters of legalization argue that regulation would do more than simply expand access to marijuana. They say it could reduce arrests for low-level possession, weaken the illicit cannabis market, create safeguards around products already being sold openly, and redirect money currently flowing into unregulated sales toward public programs and local economies.
For years, Republican lawmakers in North Carolina resisted even limited medical marijuana proposals. But renewed discussions in Raleigh now coincide with efforts by the Trump administration to ease federal restrictions on cannabis, potentially changing the political calculus.
Whether NC Senate Bill 1072 gains traction remains unclear. But if the proposal eventually reaches voters, it could become one of the most consequential statewide policy debates North Carolina has seen in years – especially for younger voters, LGBTQ+ voters, and communities historically impacted by drug enforcement policies.
Unlike many political debates in Raleigh, this one could eventually end up directly in voters’ hands.