North Carolina.

_Information provided is current as of January 7, 2026, and companies are encouraged to consult with legal counsel on these types of complex matters.
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North Carolina - State Specific Information

North Carolina maintains its position as one of the stricter states regarding cannabis regulation in 2026. For employers navigating the complex landscape of drug testing and workplace policies, understanding the current legal framework is essential for maintaining compliance while protecting both business interests and employee rights.

This comprehensive guide breaks down everything employers and HR professionals need to know about North Carolina's cannabis laws, drug testing protocols, and workplace policy considerations as of January 2026.

Current Legal Status of Cannabis in North Carolina

Cannabis remains firmly prohibited in North Carolina, with the substance classified as a Schedule VI controlled substance under state law. Unlike many neighboring states that have moved toward medical or recreational legalization, North Carolina has maintained its prohibition stance with only minor exceptions.

Medical Cannabis

Medical cannabis is not legal in North Carolina. The state has implemented only a limited "Hemp Extract" law that applies exclusively to patients with intractable epilepsy. This narrow exception does not constitute a comprehensive medical marijuana program and offers no workplace protections for employees.

The North Carolina Compassionate Care Act, a medical cannabis bill, continues to be reintroduced nearly every legislative session. However, as of 2026, it has yet to pass into law, leaving patients without legal access to medical marijuana.

Recreational Cannabis

Recreational cannabis use remains illegal throughout the state. Possession penalties are structured as follows:

• 0.5 oz or less: Class 3 misdemeanor (fine only, no jail time for first offense)
• More than 1.5 oz: Felony charge

Recent Legislative Developments

While full legalization remains elusive, North Carolina has taken steps to study cannabis regulation. In 2025, the state established a State Advisory Council on Cannabis to examine THC regulation. However, no adult-use laws have emerged from these discussions.

A notable development involves hemp-derived products. Delta-8 THC is currently sold throughout the state under a legal gray area. House Bill 563 (2025-2026) aims to address this ambiguity by:

• Restricting synthetic cannabinoids
• Imposing strict age-verification requirements
• Mandating comprehensive testing standards

State Regulatory Agency Overview

The North Carolina Department of Agriculture & Consumer Services (NCDA&CS) serves as the primary regulatory body overseeing industrial hemp operations in the state. Currently, there are no state-specific forms related to cannabis or marijuana programs, as the state lacks legal medical or recreational frameworks.

Employer Drug Testing Rights and Guidelines

North Carolina's status as a prohibition state provides employers with significant latitude regarding workplace drug policies. The legal framework clearly supports employer rights to maintain drug-free workplaces.

Key Employer Rights

Employers in North Carolina maintain broad authority to:

• Terminate employment for positive THC test results
• Refuse to hire applicants who test positive for marijuana
• Implement comprehensive drug testing programs without state-mandated restrictions
• Enforce zero-tolerance policies regardless of where the cannabis product was legally purchased

Importantly, there are no state-level protections for medical or recreational cannabis users in the workplace. An employee who legally purchased and consumed cannabis in a legalized state still faces potential termination if they test positive in North Carolina.

Documentation Best Practices

Establishing robust documentation serves as a critical risk mitigation strategy for North Carolina employers. Recommended practices include:

• Maintaining clear written drug-free workplace policies
• Documenting all testing procedures and results
• Keeping records of policy acknowledgments from employees
• Recording any disciplinary actions taken as a result of positive tests

Safety-Sensitive Positions

Employers possess broad discretion in defining which roles qualify as "safety-sensitive" positions. Both North Carolina law and the Department of Labor support maintaining strict drug-free standards for these critical roles.

Considerations for Safety-Sensitive Classifications

When designating positions as safety-sensitive, employers should consider:

• Roles involving operation of heavy machinery or vehicles
• Positions with access to sensitive information or secure areas
• Jobs requiring precise motor skills or quick decision-making
• Positions affecting public safety

Federal Compliance Requirements

Special attention is warranted for employers who:

• Receive federal grants or contracts
• Employ DOT-regulated workers
• Operate in federally regulated industries

These employers face additional compliance obligations that supersede state-level considerations and require strict adherence to federal drug-free workplace requirements.

Privacy Laws and Testing Procedures

North Carolina mandates specific procedural requirements for drug testing to ensure validity and protect employer interests.

Laboratory Requirements

All drug testing must be performed by an approved laboratory that meets state standards. This requirement ensures:

• Accurate and reliable test results
• Proper handling of specimens
• Defensible outcomes in potential legal challenges

Confidentiality Standards

Test results are considered confidential under North Carolina law. However, the state's regulatory focus emphasizes procedural compliance over strict privacy protections. Key requirements include:

• Maintaining proper chain of custody documentation
• Following established testing procedures
• Limiting access to test results on a need-to-know basis

Employer Liability Protections

North Carolina law provides significant protection for employers who follow proper procedures. Employers are generally immune from civil litigation when they:

• Use approved testing laboratories
• Maintain proper chain of custody
• Follow the state's established testing procedures
• Document all steps in the testing and decision-making process

Looking Ahead: The Evolving Landscape

While North Carolina remains a prohibition state, employers should stay informed about potential changes. The establishment of the State Advisory Council on Cannabis in 2025 signals that lawmakers are at least examining the issue, even if no immediate changes appear imminent.

The ongoing debate around House Bill 563 and hemp-derived cannabinoids may also influence future workplace policy considerations, particularly as the distinction between hemp-derived and marijuana-derived THC becomes increasingly relevant.

Recommendations for Employers

To maintain compliance and protect organizational interests, North Carolina employers should:

1. Review and update drug-free workplace policies annually
2. Consult with legal counsel on complex drug testing matters
3. Train supervisors on proper documentation and testing procedures
4. Stay informed about legislative developments that may affect workplace policies
5. Ensure testing procedures meet all state requirements for approved laboratories and chain of custody

By maintaining clear policies, following established procedures, and documenting all actions, North Carolina employers can confidently navigate the current regulatory environment while preparing for potential future changes in cannabis legislation.