Can you bring legal weed from another state back to NC? What the law says
Numbers show that the majority of North Carolina residents back legal marijuana, but laws surrounding the substance remain unchanged in the state.
A Meredith College poll released in February found that 71% of North Carolinians support medical marijuana legalization. The only group where a majority did not support legalization were those 80 and older.
The state’s first and only marijuana dispensary opened in Cherokee in September, after the Eastern Band of Cherokee Indians approved a referendum by over 70% to allow adult use of cannabis on their 57,000-acre Qualla Boundary and other lands, The Charlotte Observer reported. But buyers can be arrested if they leave the Qualla Boundary with cannabis.
A bill that would have legalized medical marijuana passed the NC Senate in June, The News & Observer reported, but stalled in the House. Now, lawmakers are once again trying to legalize the substance.
Earlier this month, Rep. Jordan Lopez, a Democrat from Mecklenburg County, filed a bill that would make marijuana use legal in the state, WCNC reported.
Currently, 39 states (including Virginia and others within driving distance of North Carolina) allow the medical use of cannabis products, according to the National Conference of State Legislatures.
Here’s what to know about North Carolina’s marijuana laws.
Is marijuana legal in NC?
Marijuana is a controlled substance in North Carolina, and possession of it is illegal. The penalty for possessing marijuana in North Carolina depends on the type, how much you have and how you plan to use it.
Will Shelley, an attorney with Charlotte-based law firm Arnold & Smith who specializes in criminal law, told The Charlotte Observer that sentencing for marijuana-related offenses usually depends on one factor: “It’s largely dependent on your prior record.”
He pointed out that the state has taken steps to decriminalize marijuana, where penalties for possessing small amounts have been reduced to a misdemeanor offense, typically resulting in a fine instead of jail time — but those options are typically reserved for low-level drug offenses and first-time offenders.
The following marijuana offenses are misdemeanors, according to state law:
Possession of up to 1.5 ounces of marijuana for personal use
Possession of up to 0.15 ounces of hash or concentrates
Use, possession, sale, delivery or manufacture of paraphernalia
If you’re charged with a misdemeanor, you could serve up to 45 days in jail and pay a $1,000 fine, according to NORML (National Organization for the Reform of Marijuana Laws).
Marijuana possession becomes a felony charge when someone has more than 1.5 ounces for personal use or intends to distribute, sell or grow the substance.
Punishment for marijuana-related felony offenses ranges from up to eight months in prison for possession, to a maximum of 219 months in prison and a $200,000 fine for selling or delivering the substance, according to Raleigh-based Manning Law Firm.
Can you cross NC state lines with weed?
No. Though marijuana is legal in other states, it’s illegal to transport it back to North Carolina, Shelley said.
If you’re caught with weed in North Carolina, you could be charged with possession of marijuana, which is a misdemeanor in most cases.
But those caught with more than 10 pounds of marijuana could be charged with felony drug trafficking, according to state law. Marijuana trafficking convictions in North Carolina can result in a minimum of 25 months in prison and a fine of $5,000.
Can you bring weed through an NC airport?
Transportation Security Administration officers “do not search for illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer,” the agency’s website says.
For example, if you’re caught with marijuana at Charlotte Douglas International Airport, TSA officials would likely refer the matter to the Charlotte-Mecklenburg Police Department, Shelley said.
Under federal law, TSA officers are required to report any violations of the law to local, state or federal authorities.
Can NC residents purchase weed in other states?
Yes. North Carolina residents can purchase legal recreational and medical marijuana in other states.
In Virginia, adults over the age of 21 are allowed to grow and consume marijuana, but there’s no way to buy it legally in the state. However, sharing less than one ounce of marijuana between people who are over 21 is legal, according to the Virginia Cannabis Control Authority.
Can you consume marijuana and then travel back to NC?
Yes. North Carolina residents can consume marijuana in other states and then drive back home, as long as they don’t drive while under the influence.
Unlike with alcohol, there’s no portable tool for officers to use to detect the amount of marijuana in your system, Shelley said. Instead, officers typically rely on smell.
“The smell would trigger the officer to conduct an investigation to determine if that person is driving under the influence of marijuana,” Shelley said, adding that blood tests can confirm if a suspect was driving under the influence.
Driving “while under the influence of an impairing substance” is illegal in North Carolina, according to state law.
A first-time DWI offense is punishable by a fine of up to $4,000 and a minimum jail sentence of 30 days, according to First Step Services, a North Carolina-based rehab center.
This story was originally published April 1, 2025 at 4:07 PM with the headline "Can you bring legal weed from another state back to NC? What the law says."
