A North Carolina bill filed today would place two marijuana-related constitutional amendments before voters in the November 2026 election, one to decriminalize possession for all adults and another to legalize possession for medical use.
Senate Bill 1072 was filed by State Senators Kandie Smith (D), Caleb Theodros (D) and Paul Lowe (D). Under the proposal, voters would decide whether to amend the North Carolina Constitution to state that possession of limited amounts of marijuana for personal use “shall not be a criminal offense” in the state. The Legislature would then be required to approve laws governing possession limits and other details.
A second proposed amendment would establish that possession of limited amounts of marijuana for medical use by patients with qualifying conditions would not be a criminal offense. Lawmakers would also be required to approve laws regulating medical marijuana possession consistent with the constitutional change.
Both proposals would be placed on the November 3, 2026 statewide general election ballot. Each amendment would need majority approval from voters to take effect.
The bill does not itself legalize marijuana sales, establish a dispensary system or set possession limits. Instead, it would ask voters whether the state constitution should protect limited personal possession and medical use, leaving the Legislature to determine the rules.
North Carolina has not legalized marijuana for adult use or established a statewide medical marijuana program, though lawmakers have considered medical marijuana legislation in recent years.
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