Marijuana Arrests Spark Online Criticism as Misconceptions About Legality Persist in North Carolina

Pat Brand

389 Country

A series of recent marijuana-related arrests in the Hayesville area has sparked criticism online, revealing a common misconception that marijuana is legal in North Carolina. Social media posts reflect frustration and confusion among residents, many of whom seem unaware that the state continues to prohibit cannabis for both recreational and medical use, with limited exceptions. As the controversy unfolds, officials and experts are working to clarify the legal status of marijuana in the Tar Heel State.

In North Carolina, marijuana is classified as an illegal Schedule VI controlled substance. Possession, sale, and cultivation remain against the law, with penalties depending on the amount involved. Small quantities—0.5 ounces or less—are treated as a minor misdemeanor, carrying a fine but no jail time for first-time offenders. Larger amounts, between 0.5 and 1.5 ounces, elevate the charge to a more serious misdemeanor with potential jail time, while anything over 1.5 ounces becomes a felony, punishable by prison sentences that vary by quantity and intent.

One narrow exception exists for patients with intractable epilepsy, who, under a 2015 law, can use hemp extract with low THC and high CBD content. This exception, however, is tightly restricted and does not signal broader legalization. Meanwhile, the Eastern Band of Cherokee Indians has taken a different path on their sovereign Qualla Boundary land, where tribal members voted in 2023 to legalize recreational marijuana for adults 21 and older. Sales began there in September 2024, following the rollout of a medical cannabis program earlier that year. This makes the Qualla Boundary the only place in North Carolina where recreational marijuana is permitted, though the policy does not extend beyond tribal territory.

Adding to the confusion, hemp—cannabis with THC levels below 0.3%—is legal statewide under a 2022 law that aligns with federal regulations. Hemp-derived products like CBD are widely sold, often leading people to mistakenly assume marijuana enjoys similar status. Local authorities stress that the two are distinct under the law, and marijuana enforcement remains active outside of tribal land.

The recent Hayesville arrests, involving individuals caught with amounts exceeding the misdemeanor threshold, have fueled online backlash, with some calling the actions outdated given shifting public attitudes. Surveys show overwhelming support among North Carolinians for changing cannabis laws, within recent years, with many favoring either full legalization or medical use. Despite this, legislative efforts to reform marijuana laws have repeatedly stalled.

A 2022 medical marijuana bill passed the state Senate but failed in the House, and a new proposal introduced just days ago seeks to legalize both recreational and medical use with a substantial tax. Its chances of success remain uncertain in a legislature historically resistant to change.

For now, law enforcement continues to uphold the existing laws, emphasizing that marijuana possession outside of tribal land or the hemp exception remains illegal. The federal government’s stance, listing marijuana as a Schedule I drug, further solidifies its prohibited status in the state. As debates rage online, advocates encourage residents to understand the current legal framework to avoid unintended consequences. With public sentiment leaning toward reform, North Carolina’s marijuana laws may eventually shift, but for the moment, possession outside of specific exceptions remains a risky proposition.