Sen. Kandie Smith (D-Edgecombe), right, and Sen. Caleb Theodros (D-Mecklenburg) propose constitutional amendments to legalize cannabis in a press conference on June 17, 2026. (Photo: Brandon Kingdollar/NC Newsline)
A new bill proposed by North Carolina Senate Democrats would put constitutional amendments to legalize recreational and medical cannabis on the ballot. But its odds of getting a vote in the Senate are not high, Republican leadership says.
Senate Bill 1072 would put two separate amendments on the ballot in November, asking voters to legalize possession of “limited amounts of cannabis” for recreational use and medical use by patients with qualifying conditions, respectively.
“The people of North Carolina deserve a voice in determining the future of cannabis policy in our state,” said Sen. Kandie Smith (D-Edgecombe), one of the bill’s lead sponsors. “What it does is, it provides a pathway for North Carolinians to vote on whether limited personal possession and medical use should be permitted under our state’s constitution.”
Senate President Pro Tem Phil Berger (R-Rockingham) speaking to members of the media after a Senate session on June 10, 2026. (Photo: Claire Michal/NC Newsline)Senate President Pro Tem Phil Berger (R-Rockingham) had a blunt response: “I’m not sure that we’re in a place where legalizing marijuana is going to be taken up,” he said Wednesday afternoon.
“I think there is some interest in looking at the hemp situation and the components of hemp and the sale of some of the derivatives,” Berger said. “It’s really undetermined whether we’re talking about a complete ban, or we’re talking about a regulatory scheme, or we’re talking about including these and not including those. There are just discussions that are taking place as to what we garner consensus over.”
One such proposal currently moving through the House would ban individuals under the age of 21 from purchasing hemp-derived consumables.
Berger has lent support to medical marijuana in the past. In 2024, the Senate passed a bill that would have legalized medical marijuana while restricting hemp-based consumables. The bill, which passed by a margin of 36-10, was championed by Senate Rules Chairman Bill Rabon (R-Brunswick), a cancer survivor who said cannabis helped him withstand intensive chemotherapy for colon cancer.
However, the House declined to take up Rabon’s bill due to insufficient GOP support in that chamber. North Carolina remains one of only 10 states that have not yet approved medical marijuana.
‘We can’t really pivot’: North Carolina hemp stores, farms prepare to fight federal ban
In the absence of a medical cannabis program in North Carolina, many have turned to the state’s burgeoning hemp industry to meet what they describe as medical needs, such as alleviating pain, insomnia, and anxiety among other conditions. Many of those products, however, are set to disappear following much stricter federal restrictions on hemp-based consumables set to take effect in November.
The Meredith College Poll found in February 2025 that 71% of North Carolinians support the passage of a bill permitting medical marijuana, with 17% of respondents opposed. Polls by Elon University and progressive think tank Carolina Forward have also shown majorities in favor of recreational marijuana in recent years.
Sen. Caleb Theodros (D-Mecklenburg), another lead sponsor of S1072, said the bill would allow state law to catch up with public opinion on cannabis use.
“If the legislature cannot resolve this issue after years of debate, who should? I believe the answer is simple, and it’s the people of North Carolina,” Theodros said. “Senate Bill 1072 provides an opportunity for voters to have a direct voice on an issue that has remained unresolved for far too long.”
He said Berger has acknowledged momentum around cannabis legislation in the past year, an apparent reference to the Senate Leader’s past comments on medical cannabis. That makes him “cautiously optimistic” about the bill’s fate.
“We’re aware of the political climate in this building. But again, we didn’t get elected to just sit on our hands and say we’re in the superminority and therefore there’s nothing we could ever do,” Theodros said. “We’re just trying to move along our colleagues here and to join the rest of America and the rest of the planet in suggesting that we need to have some kind of policy on this.”
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