North Carolina Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of North Carolina. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALNorth Carolina allows hemp-derived CBD products with less than 0.3% Delta-9 THC under the North Carolina Industrial Hemp Pilot Program (N.C. Gen. Stat. § 106-568.50 et seq.). The state regulates hemp cultivation and product sales accordingly.
Possession
Legal for adults to possess hemp-derived CBD products compliant with state and federal THC limits.
Sale
Sale is legal with proper licensing and compliance with labeling/testing requirements.
Penalties
Possession or sale of non-compliant products may lead to misdemeanor charges.
Age Restriction
18+ for purchase and possession.
Delta-8 THC
RESTRICTEDDelta-8 THC is legal with restrictions in North Carolina under N.C. Gen. Stat. § 106-568.90 et seq. Products must contain less than 0.3% Delta-9 THC. There are no explicit bans on Delta-8 THC, and it is treated similarly to other hemp cannabinoids.
Possession
Legal if product is hemp-derived and contains less than 0.3% Delta-9 THC.
Retail Sale
Allowed with compliance to state hemp regulations; no special licensing beyond hemp requirements.
Penalties
N/A
Age Restriction
18+ for purchase.
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in North Carolina under the 2018 Farm Bill. In 2025, the North Carolina Senate passed a bill (HB 328) to ban synthetic hemp products and regulate Delta-9 products, including setting a minimum age of 21 for purchase.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
RESTRICTEDKratom is legal in North Carolina, with no state laws banning or regulating its possession or sale. There are no age restrictions or specific regulations governing kratom.
Possession
Legal to possess kratom; no restrictions.
Sale
Legal to sell kratom; no restrictions.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in North Carolina under the North Carolina Controlled Substances Act (N.C. Gen. Stat. § 90-89). Psilocybin is a Schedule I controlled substance, making possession, sale, and manufacture criminal offenses.
Possession
Illegal; possession is a felony with penalties including imprisonment and fines.
Distribution
Illegal; sale and distribution are felony offenses with severe penalties.
Penalties
Penalties include imprisonment up to several years and fines depending on amount and offense.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is illegal in North Carolina. No significant legislative changes since 2023.
Personal Possession
Illegal. Possession of 1/2 oz or less is a Class 3 misdemeanor ($200 fine, no jail for first offense). Over 1/2 oz is a Class 1 misdemeanor. Over 1.5 oz is a felony.
Retail Purchase
Illegal. Distribution is a felony. Sale within 300 feet of a school is a Class E felony (15-63 months).
Penalties
Under 1/2 oz: Class 3 misdemeanor, $200 fine. 1/2 oz to 1.5 oz: Class 1 misdemeanor, up to 45 days. Over 1.5 oz: Class I felony, 3-8 months.
Age Restriction
N/A
Salvia
ILLEGALSalvia divinorum is a controlled or banned substance in North Carolina. North Carolina enforces its ban on Salvia.
Possession
Illegal. Salvia divinorum is classified as a controlled substance in North Carolina. Possession is a criminal offense.
Sale
Illegal. Sale and distribution of salvia is prohibited in North Carolina.
Penalties
Misdemeanor or felony charges depending on state classification.
Age Restriction
N/A