Yes, medical marijuana is legal in North Carolina. However, the state only permits very limited medical cannabis usage. North Carolina legalized medical marijuana in 2015 through House Bill 766 (the North Carolina Epilepsy Alternative Treatment Act). Per the provisions of this Act, medical marijuana patients diagnosed with intractable epilepsy can legally use marijuana products containing less than 0.9% of tetrahydrocannabinol (low-THC cannabis). The North Carolina Department of Health and Human Services (NCDHHS) administers the state's medical marijuana program.
Besides this limited state program, the Eastern Band of Cherokee Indians (EBCI) in the state has a more expansive medical marijuana program that is open to all residents of North Carolina. This medical cannabis program is only operational on tribal land controlled by the EBCI. It issues medical marijuana cards to North Carolina residents aged 21 and older.
The only medical marijuana card currently issued in North Carolina is the one offered by the EBCI. North Carolina, itself, does not have a medical marijuana program that issues identification cards but you can get medical marijuana if you have intractable epilepsy.
To get a medical marijuana card from the EBCI,
Book an appointment with a doctor or a healthcare provider
Obtain a signed Doctor’s Attestation Form or Medical Summary confirming you were diagnosed with one of the conditions recognized by the EBCI medical marijuana program
Provide a government-issued ID card confirming you are a North Carolina resident, a current Enrollment Card (if you’re a member of the Eastern Band of Cherokee Indians), and a photograph
Provide a Healthcare Power of Attorney documents, if applying as a designated caregiver
Submit these documents, including the application fee, to the Cannabis Control Board (CCB) of the EBCI online, by mail, email, or to their address
While the state has a very limited medical marijuana program that recognizes one qualifying condition, the medical cannabis program run by the Eastern Band of Cherokee Indians of North Carolina in 2024 issues marijuana cards to anyone diagnosed with any of these debilitating conditions:
Under the North Carolina state medical marijuana program, only registered medical marijuana patients diagnosed with intractable epilepsy and their caregivers can legally possess low-THC cannabis products for medical use. However, House Bill 766 does not provide guidelines for the establishment of medical marijuana dispensaries in the state or specify how registered medical marijuana patients can obtain cannabis products. Therefore, registered marijuana patients with intractable epilepsy are limited to buying hemp-derived products which can only contain a maximum of 0.3% of THC. Nevertheless, when registered medical marijuana patients from North Carolina visit other states in the US that permit cannabis sale to out-of-state patients, they may purchase and use marijuana products.
Yes. While the state does not issue medical marijuana cards, the EBCI allows qualifying North Carolina residents to apply for its medical marijuana card which is accepted at dispensaries located on tribal trust lands in the state.
Only patients with intractable epilepsy are permitted to use CBD extracts containing no more than 0.9% THC and a minimum of 5% CBD by weight. Such patients must have their adult caregivers register with the North Carolina Department of Health and Human Services (DHHS). Prior to their registrations, they must obtain a written certification from a state-licensed neurologist affiliated with the neurology department of a North Carolina-licensed hospital. No registration cards are issued for participants in the medical CBD program.
However, to apply for the EBCI medical marijuana card, you must contact its Cannabis Control Board (CCB). Submit your documents to its office located at:
620-B Casino Trail
Cherokee, NC
Alternatively, you can also submit your application by email sent to info@ebci-ccb.org or regular mail sent to:
EBCI-CCB
PO Box 549
Cherokee, NC 28719
The EBCI does not require a doctor’s recommendation or prescription for medical marijuana. However, it requires certain application documentations including a written doctor’s attestation that the applicant was diagnosed with one or more of the 18 recognized qualifying conditions.
Yes. One of the requirements of the EBCI marijuana card, the only medical marijuana card issued in North Carolina, is being a resident of the state.
The EBCI charges $100 for the medical cannabis card it issues to North Carolina residents. Enrolled EBCI members, however, pay $50. This card must be renewed annually. The renewal fee for EBCI tribe members is $25 while other North Carolina residents pay $100 to renew their cards.
The North Carolina Department of Health and Human Services (NCDHHS) does not issue medical marijuana cards to medical marijuana patients in the state.
When visiting a medical marijuana dispensary on the Qualla Boundary and other EBCI trust lands, you must bring along your EBCI medical marijuana card as well as a valid ID card to confirm that you are 21 years or older.
The North Carolina Epilepsy Alternative Treatment Act does not permit the establishment of medical marijuana dispensaries anywhere else in the state. Therefore, there are no medical marijuana dispensaries in other parts of North Carolina where qualifying patients can obtain cannabis products.
Before a person can legally use low-THC cannabis products for medical reasons in North Carolina, they must see a neurologist. As stipulated in House Bill 766, a neurologist may recommend medical marijuana for a patient if they diagnose the patient with intractable epilepsy and consider medical marijuana treatment beneficial to them. Nevertheless, this individual must have a caregiver who is their parent, legal guardian, or custodian before they can enroll in the state's medical marijuana program as a patient. North Carolina does not have a registry of licensed neurologists that can recommend medical marijuana treatment in the state. According to House Bill 766, any North Carolina-licensed neurologist may recommend medical cannabis for eligible patients.
There is no age limit for medical marijuana use in North Carolina. However, per House Bill 766, a minor with intractable epilepsy requires approval, from their parent, guardian, or legal custodian who will be their caregiver, before seeking access to medical marijuana.
The EBCI, however, does not issue medical marijuana cards to minors. Therefore, minors cannot buy medical cannabis from dispensaries located on tribal lands in North Carolina.
No. North Carolina does not issue medical marijuana cards to adults or minors. The EBCI medical marijuana card is not available to anyone under the age of 21. Therefore, even patients qualified to use low-THC marijuana in the state cannot look forward to getting medical marijuana cards when they turn 18.
The process of renewing a North Carolina EBCI medical marijuana card is the same as the steps for applying for one. Simply apply for renewal at the Office of the EBCI CCB or submit your renewal application by regular mail or email.
In North Carolina, it is illegal for registered medical marijuana patients or caregivers to cultivate cannabis plants at home. Per Section 90.94 of the North Carolina General Statutes, marijuana is a Schedule VI controlled substance. Therefore, in line with Section 90.95 of the North Carolina General Statutes, anyone growing marijuana plants in the state risks facing severe penalties.
Medical marijuana caregivers are individuals who can assist qualified medical marijuana patients in administering medical marijuana and possess cannabis products for their patients' use. The provisions of House Bill 766 make it compulsory for medical marijuana patients in North Carolina to have caregivers. However, the state does not assign caregivers to medical cannabis patients. For a person to be a medical marijuana patient's caregiver, they must be the patient's legal guardian, parent, or custodian. Also, a medical marijuana caregiver in North Carolina must be resident in the state, be 18 years or older, and have a written statement from a licensed neurologist stating that:
Medical marijuana caregivers in North Carolina are required to register with the North Carolina Department of Health and Human Services (NCDHHS) and obtain letters of approval before they can operate legally. House Bill 766 does not limit the number of medical marijuana patients that caregivers are allowed to manage.
North Carolina does not offer medical marijuana reciprocity to out-of-state medical marijuana patients.
Yes. State and federal laws mandate medical records be kept private for everyone including medical marijuana patients. The records of patients applying for the EBCI medical marijuana card must also be kept confidential.
No. Neither the state’s limited medical marijuana program nor the EBCI’s more robust medical cannabis program makes provisions for insurance coverage.
During its 36-month introductory period, the EBCI medical marijuana program only allows dispensaries to sell up to 1 ounce of medical marijuana to patients with medical marijuana cards. Total amount sold to a patient with an EBCI medical marijuana card must not exceed 6 ounces per month.
No. The only dispensaries selling medical marijuana in North Carolina are found on Qualla Boundary and other trust lands of the Eastern Band of Cherokee Indians of North Carolina. They require those entering their premises to be 21 years or older and have their EBCI medical marijuana cards.