Cannabis policy is on the agenda in the 2025-26 legislative session

North Carolina lags behind most states on cannabis policy reform. It is one of only 11 states that has not passed comprehensive medical cannabis legislation. In 1978, the legislature made first-offense possession of up to 14 grams of cannabis a fine-only criminal charge, but paraphernalia remains an arrestable charge.

The 2025-26 General Assembly session is underway and several cannabis policy bills have been filed.

Several state representatives sponsor H1011, the 2025 version of the North Carolina Compassionate Care Act. This legislation replicates previous versions of the bill, while omitting taxes on medical cannabis. This is in line with the fact that North Carolina does not tax prescriptions.

This session’s medical cannabis legislation is sponsored by Democratic legislators, so there is concern that the Republican majority may not give the bill committee hearings. As the majority party, it has been the policy of the Republican caucus to have an internal vote to see what bills will be heard in the House. These votes are done in private, but we understand that in the last session the Compassionate Care Act was one vote shy of being heard in the House. In last year’s election the Republican Party lost a seat, but as the internal vote was private we do not know if that works in favor of the legislation.

So it is more important than ever for constituents to reach out to their legislators and voice your support for medical cannabis. The latest polling in 2024 now shows 95% of support for changing the state's cannabis laws. Sixty-two percent supported adult-use legalization, 32% supported allowing cannabis for medical use only, and a mere 5% support the current policy of prohibition.

Another bill that was submitted is H984, which would set up the regulatory framework for a medical cannabis research program. With 39 other states previously passing medical cannabis legislation, this appears to be a half-step that would not benefit many, if any, patients. For example, clinical research is extremely expensive and typically short-term. Plus, half of patients with debilitating conditions would receive a placebo, and get no relief.

Meanwhile, seven Democratic state senators have sponsored S350, the Marijuana Justice and Reinvestment Act. This bill would legalize and regulate the adult-use of cannabis for adults 21 and over. It would also create opportunities for smaller businesses to participate in the cannabis industry. The Eastern Band of Cherokee Nation have been successfully selling adult-use cannabis on native land since last summer. It is time for the rest of North Carolina to have the same access and opportunities. As there is no ballot initiative process in North Carolina, your legislators hold the key for all cannabis policy, so let them know you support ending prohibition in the Tarheel State.

Eastern Band of the Cherokee Nation adult-use cannabis sales underway!

In September 2023, the Eastern Band of the Cherokee Nation approved a referendum to legalize adults’ possession, cultivation, and purchase of cannabis on tribal lands in a 70-30% vote. The Eastern Band of the Cherokee Nation’s lands are within the borders of North Carolina, making this the first time voters in the southern United States voted to legalize adult-use cannabis. The first adult-use sales — to both tribal members and other adults who are 21 or older — began on September 7, 2024.

In 2021, the Eastern Band of the Cherokee Nation passed decriminalization and medical cannabis. The medical program and dispensary launched on April 20, 2024, for tribal members and North Carolinians who qualify. Outside of the Eastern Band of the Cherokee Nation’s land, however, North Carolina remains far behind the times — lacking medical cannabis and adult-use legalization, and having one of the weakest “decriminalization” laws in the nation.

2022-2024 Recap: N.C. Senate passes medical cannabis, which dies in the House of Representatives

The North Carolina Senate passed a medical cannabis bill in 2023 — for the second year in a row. However, the House of Representatives again adjourned their 2023-2024 legislative session without taking up the legislation.

On March 1, 2023, the North Carolina Senate passed S. 3, the North Carolina Compassionate Care Act, sponsored by Sen. Bill Rabon (R), by a vote of 36-10.

Tim Moore (R), then Speaker of the House, said the House would “study” the bill. However, S. 3 was never even scheduled for a committee hearing in the House in 2024. Speaker Moore said the House failed to take up the bill because it did not have majority support within the Republican caucus. However, there is no such rule for legislation to be taken up, but rather is a policy being adopted by the then-Republican House leader. Speaker Moore retired from the North Carolina House to run for United States Congress in November, so North Carolina has a new speaker next term.

In 2024, supportive senators added medical cannabis language into a House-passed bill that would have regulated the kratom and hemp markets. However, the House failed to act on the amended version of that legislation as well.

Due to this inaction, North Carolina continues to be an outlier, as one of only 11 states that has not enacted a medical cannabis program in the country. In a January 2021 poll, Elon University found 73% of North Carolinians supported medical cannabis. In a May 2022 poll, support had increased to 82% with strong bipartisan support. North Carolinians continue to want a medical program implemented. Please inform your legislators that you support medical cannabis.

Task force recommends decriminalization

In 2020, a task force convened by then-Gov. Roy Cooper (D) to study racial inequities in the criminal justice system recommended the state further decriminalize marijuana possession. While we technically consider North Carolina a “decriminalization” state because a first offense does not carry jail time, under current law, possession remains a class 1 misdemeanor, which carries an up to a $200 fine. Let your legislators know no one should have a criminal record for simple possession of cannabis, and ask them to support ending prohibition.

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