Decriminalization in North Carolina

Last verified: April 2026

NC Has Not Formally Decriminalized

Decriminalization, as the term is generally used in cannabis policy, means treating possession of small amounts as a civil infraction (a fine, with no criminal record) rather than as a criminal offense. North Carolina has not formally decriminalized cannabis at the state level. All marijuana possession remains criminal under N.C.G.S. § 90-95(d)(4), with classifications ranging from Class 3 misdemeanor (up to 0.5 oz) to Class I felony (above 1.5 oz).

NC has had a “partial decriminalization” framework since 1978 — the Class 3 misdemeanor for half an ounce or less is the lowest-tier criminal classification, with a presumed-suspended jail sentence and a $200 maximum fine. But NORML, the Marijuana Policy Project, and the U.S. Sentencing Commission classify NC’s regime as still criminal: paraphernalia remains arrestable, amounts above half an ounce carry jail exposure, and a conviction stays on the record absent expungement.

State Preemption Blocks Local Decrim Ordinances

NC operates under a strong state-preemption doctrine in criminal law. NC localities — cities, towns, and counties — cannot enact ordinances that nullify or directly contradict § 90-95. A city council in Raleigh, Charlotte, or Asheville cannot pass an ordinance making marijuana possession legal within its boundaries; that would conflict with state criminal law and would be void on its face.

What localities can do is exercise prosecutorial and enforcement discretion. District attorneys decide which cases to charge. Police chiefs and sheriffs decide which calls to prioritize. City councils can pass non-binding resolutions stating enforcement priorities. None of those moves change the underlying criminal law — an officer can still arrest, and a future DA could still charge — but they shape day-to-day enforcement realities. See local enforcement for the patchwork that results.

The 2020 TREC Recommendations

Gov. Roy Cooper’s Executive Order No. 145, signed June 2020 in the wake of nationwide protests over the killing of George Floyd, established the NC Task Force for Racial Equity in Criminal Justice (TREC). The task force was co-chaired by then-Attorney General Josh Stein (now Governor) and NC Supreme Court Justice Anita Earls, with working-group membership drawn from prosecutors, defense lawyers, judges, law enforcement, and community representatives.

TREC released its initial report on December 16, 2020, with cannabis-specific recommendations developed by its working groups in November. The cannabis recommendations were grounded in enforcement data: in 2019 alone, NC recorded 31,287 misdemeanor marijuana possession charges and 8,520 convictions, with 61% of those convicted nonwhite (NCDOJ TREC working-group memo, November 4, 2020).

In 2019, North Carolina recorded 31,287 misdemeanor marijuana possession charges and 8,520 convictions; 61% of those convicted were nonwhite. The Task Force recommends decriminalizing possession of up to 1.5 ounces of marijuana, downgrading felony thresholds, and providing automatic expungement of marijuana convictions.

NC Task Force for Racial Equity in Criminal Justice — Working Group Memo, November 4, 2020

The Four TREC Cannabis Recommendations

1. Decriminalize possession of up to 1.5 ounces. Convert simple possession of up to 1.5 ounces from a criminal offense to a civil infraction punishable only by a fine. The 1.5-ounce threshold corresponded to NC’s existing Class 1 misdemeanor cap — the same line at which felony exposure currently begins.
2. Study legalization. Convene a formal study of full adult-use legalization, including economic impact, public-health considerations, and regulatory framework options.
3. Downgrade felony thresholds above 1.5 ounces. Raise the weight threshold at which possession becomes a felony, reducing the population funneled into the felony system for personal-use quantities.
4. Automatic expungement. Provide automatic expungement of past marijuana convictions, eliminating the need for individual petitions and the legal costs they impose.

What the General Assembly Enacted: None of the Four

As of April 2026, the NC General Assembly has not enacted any of the four TREC cannabis recommendations. No civil-infraction framework. No legalization study. No felony-threshold downgrade. No automatic expungement. The recommendations have been periodically reintroduced as standalone bills — including HB 413 and S 350 in the 2025–26 session — but none has advanced to a floor vote.

The Compassionate Care Pattern

The same pattern shapes the medical cannabis fight. The NC Compassionate Care Act has passed the NC Senate three times (2022, 2023, 2024) and died in the House every time, blocked by the Republican caucus’s informal “majority of the majority” rule. Decriminalization bills face the same procedural reality: bipartisan support is irrelevant if House Republicans split internally. Both decriminalization and medical legalization remain stalled despite consistent polling support — a February 2025 Meredith College poll showed 71% NC voter support for medical cannabis.

Gov. Stein’s 2025 Council and the April 2026 Interim Report

The most significant 2025–26 development on cannabis policy is Gov. Josh Stein’s Executive Order No. 16, issued June 3, 2025, which created the NC Advisory Council on Cannabis (max 30 members). The council is co-chaired by State Health Director Dr. Lawrence H. Greenblatt and Robeson County DA Matt Scott, with members including Sen. Bill Rabon, Sen. Kandie Smith, Rep. John Bell, Rep. Zack Hawkins, and Qualla Enterprises GM Forrest Parker.

The council’s April 2, 2026 interim report found that NC has the second-largest unregulated cannabis market in the United States — roughly $3.2 billion in 2023 — and recommended full adult-use legalization with regulated retail to adults 21 and older. Gov. Stein endorsed the recommendation. Speaker Destin Hall and Senate Leader Phil Berger had not publicly responded as of WRAL’s coverage. The council’s final report is due December 2026.

Federal Rescheduling and What It Doesn’t Do

President Trump’s December 18, 2025 executive order directed DOJ and DEA to expedite rescheduling marijuana from Schedule I to Schedule III, with broader rescheduling hearings set for June 29, 2026. Federal rescheduling does not decriminalize cannabis under NC state law. NC marijuana is classified as Schedule VI under N.C.G.S. § 90-94, which is a state schedule that does not move with federal scheduling decisions. The 2024 Senate amendment to HB 563 explicitly added language declaring that federal rescheduling would not auto-trigger NC reclassification.

Explore More