North Carolina Bill Would Decriminalize Small Amounts of Marijuana While Increasing Penalties for Sales and Hemp-THC Products
- The bill would decriminalize possession of up to 5 grams of marijuana, making it a non-criminal offense and allowing transfer of small amounts without payment legally.
- It imposes harsher penalties for manufacturing, selling, or delivering marijuana, including Class G felony charges and fines of at least $10,000, along with business license revocation for violations.
- The legislation revises North Carolina’s hemp definition to include total THC content and excludes synthetic or high-THC hemp products, setting a 0.4 mg THC per container limit for hemp-derived products.
- It raises the legal age to purchase tobacco, vapor, and consumable products to 21, increases related taxes, and directs tax revenue to foster care programs and public education on vapor product risks.
A North Carolina bill filed this week by State Senator Jim Burgin (R) would decriminalize possession of up to 5 grams of marijuana while making a wide range of other changes to the state’s marijuana, hemp and vapor product laws.
Senate Bill 937, sponsored by State Senator Jim Burgin (R), is titled the Marijuana and Vapor Products Reform Act. The measure was filed April 29 and would make possession of 5 grams or less of marijuana a non-criminal offense, while also specifying that transferring less than 5 grams without payment would not constitute unlawful delivery.
At the same time, the bill would significantly increase penalties for manufacturing, selling or delivering marijuana. Under the proposal, manufacturing, selling, delivering or possessing with intent to manufacture, sell or deliver a Schedule VI substance would be punishable as a Class G felony and carry a minimum $10,000 fine. If the violation was tied to a business organized under North Carolina law, the court would be required to order the secretary of state to revoke the business’s authority to operate in the state.
The legislation would also revise North Carolina’s definition of hemp to match a total THC standard, including THCA, while excluding certain synthetic or high-THC hemp-derived products. Final hemp-derived cannabinoid products with more than 0.4 milligrams of total THC and similar cannabinoids per container would be excluded from the definition of hemp.
Beyond marijuana, the bill would raise the minimum age to purchase tobacco, vapor products and consumable products from 18 to 21. Selling vapor or consumable products to someone under 21 would become a Class G felony.
The measure would also double North Carolina’s vapor product excise tax from 5 cents to 10 cents per milliliter, with revenue split between foster care programs and public education on the health risks of vapor products. It would also increase the state’s unauthorized substance tax on marijuana from $3.50 per gram to $13.13 per gram.
If passed, much of the bill would take effect December 1, 2026, with tax provisions beginning in 2027.