Growing Marijuana is a Serious Crime in North Carolina

Over the last several years, societal attitudes surrounding marijuana use have changed significantly. Whereas marijuana use was once seen as something that was only acceptable in edgier social groups, it is now much more mainstream.

This shift has given some marijuana users a false sense of security. Marijuana is still illegal under both North Carolina and federal law, and getting caught can bring serious consequences. This is true even if the grow operation was small and there is no evidence that the person was selling marijuana on a large scale.

If police get a tip and search a property, finding even a few marijuana plants in the backyard can lead to serious charges. Regardless of whether there is any evidence of an intent to sell, anyone living at or connected to the property can face serious charges, including felony possession of marijuana, manufacturing a controlled substance, and keeping a home used for drug activity. Because state law strictly categorizes the act of growing the plant as “manufacturing,” a small home grow can still lead to serious felony charges.

North Carolina marijuana penalties

Many people decide to grow their own marijuana because it seems safer and more convenient than buying it from someone else. From a legal standpoint, though, growing marijuana is a much riskier choice than simply possessing it.

Under North Carolina law, possessing marijuana is usually a misdemeanor, and the penalty depends on the amount. Possessing half an ounce or less is a low-level misdemeanor with a fine of up to $200 and no jail time. Possessing more than half an ounce but no more than 1.5 ounces is a higher-level misdemeanor, punishable by up to 120 days in jail. The fine is up to the judge, not a fixed amount. Most people facing this charge for the first time do not go to jail at all. Jail time of up to 120 days only applies if the person already has five or more prior convictions.

Growing marijuana, though, is treated much more seriously than simple possession, and the amount grown does not have to be large to trigger a felony. Under N.C. Gen. Stat. § 90-95(a)(1) and (b)(2), cultivating up to 10 pounds of marijuana is a Class I felony.

A first offense can bring 3 to 8 months in prison. But for someone with no prior record, the judge often orders probation instead of active prison time. Prison time becomes more likely with each additional prior conviction.

North Carolina does not make an exception for growing a small number of plants for personal use.

Growing 10 pounds or more is punished even more severely. Between 10 and 50 pounds is a Class H felony with a mandatory minimum of 25 months in prison and a fine of at least $5,000. The penalties keep climbing from there, all the way up to a Class D felony for 10,000 pounds or more, which carries a mandatory minimum of 175 months in prison and a fine of at least $200,000.

If the charges are brought under federal law instead, the penalties can be even more severe. Under 21 U.S.C. § 841, growing fewer than 50 marijuana plants is a federal felony punishable by up to five years in prison and a fine of up to $250,000. Growing between 50 and 99 plants can bring up to 20 years in prison and a fine of up to $1,000,000.

Selling any extra marijuana on top of a cultivation charge will only bring more trouble.

Recent changes in marijuana law

In April 2026, the U.S. Department of Justice moved certain marijuana products into Schedule III of the Controlled Substances Act. This change applies only to FDA-approved marijuana medicines and marijuana sold through a state-licensed medical marijuana program (more on the rescheduling process). It does not apply to marijuana grown at home without a license, which remains a Schedule I drug under federal law. North Carolina still has no medical marijuana program of its own, so state penalties for growing marijuana have not changed.

Because of these serious penalties, anyone accused of growing marijuana should contact an experienced North Carolina criminal defense lawyer. Attorney Kevin Barnett has focused his practice on Charlotte-area criminal defense, including drug charges, for more than 20 years. He can evaluate the facts and evidence in your case to help you understand your options.

Felony cultivation cases arising in Mecklenburg County are heard at the Mecklenburg County Courthouse, 832 East Fourth Street, Charlotte, NC 28202.

Call 704-334-2044 today to speak with a Charlotte criminal defense attorney about a marijuana cultivation charge.

Frequently Asked Questions

Is growing marijuana legal in North Carolina?

No. Cultivating marijuana is illegal in North Carolina for any purpose, including personal and medical use, since the state has no medical cannabis program.

Can I be charged with a felony for growing just one plant?

Yes. North Carolina law does not set a minimum plant count. The felony charge is based on total weight, not the number of plants.

What happens if I grow more than 10 pounds of marijuana?

Penalties rise with weight. Growing 10 to 50 pounds is a Class H felony with a mandatory minimum of 25 months in prison.

Does the 2026 federal rescheduling change these penalties?

No. The 2026 rule only moved FDA-approved and state-licensed medical marijuana products to Schedule III. Unlicensed home cultivation is still a Schedule I offense federally, and North Carolina’s penalties have not changed.

Is marijuana possession also a crime in NC?

Yes, though the penalty is usually lower than for cultivation. Possessing up to half an ounce is a low-level misdemeanor, and more than that, up to 1.5 ounces, is a higher-level misdemeanor.

What should I do if I am charged with growing marijuana in NC?

Contact a criminal defense attorney as soon as possible. An attorney can review the search, the charges, and your possible defenses before your first court date.

Where will my case be heard if I am charged in Mecklenburg County?

Felony cultivation charges are handled at the Mecklenburg County Courthouse, 832 East Fourth Street, Charlotte, NC 28202.