Is Delta 8 THC Legal in North Carolina?

Legality of buying Delta 8 THC in North Carolina

View all Delta 8 THC Legal States Information

You might have heard about the 2018 US Farm Bill, which made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under the .3% Delta-9 THC threshold). But what does this mean for you? Well, it means that if you live in North Carolina, you can buy and sell these products legally.

 

Yes, Delta 8 THC is legal in the State of North Carolina.

In North Carolina, Delta 8 is allowed. North Carolina officials are quickly advancing their strategy in legalizing many forms of marijuana along with following the guidance from the 2018 US Farm Bill signed into law by the president.

Current North Carolina Delta-8 Legislation

The North Carolina Senate Bill 352 from 2019 sealed the deal to amend the Controlled Substances Act for the state by defining legal, industrial hemp in the bill.

In Section I of the Bill, it provides the following definitions:

"Hemp" means the plant Cannabis sativa (L.) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis.

"Hemp extract" means an extract from hemp, or a mixture or preparation containing hemp plant material or compounds, within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis.

"Hemp product" means any product within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption as approved by the United States Food and Drug Administration or the United States Department of Agriculture, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. "Hemp product" does not include smokable hemp.

"Smokable hemp" means harvested raw or dried hemp plant material, in a form intended to allow THC to be introduced into the human body by inhalation of smoke, including hemp buds or hemp flowers, hemp cigars, and hemp cigarettes. "Smokable hemp" does not include hemp extracts.

By reviewing the definitions, we can better understand which aspects of the bill that lawmakers are interested in reviewing. It is clear that limiting the delta-9 THC concentration to .3% or under for Delta-9 THC levels is the priority in North Carolina, but what about Delta-8?

As Delta-8 THC was originally found only in non detectable concentrations, pharmacological effects from Delta-8 are not found in such higher concentrations in hemp as in Delta-9 THC.

North Carolina's Senate Bill 313 helped to establish the state's structure to remain compliant with federal regulations. New updates occurred when House Bill 992 modified the law in 2016. Further, new rules were enacted by the state's Industrial Hemp commission in 2017.

North Carolina Industrial Hemp Act

According to the Industrial Hemp Pilot Program in North Carolina, the Agricultural Act of 2014 (P.L. 113-79) helped spearhead the adoption of growing hemp in the state, while the Agriculture Improvement Act of 2018 helped to further stabilize the program for the long-term.

Under the pilot program, the State requires a committee which is made up of nine members. The members regularly meet to discuss new standards for the industry and establish new requirements in order to better align with the spirit of the industrial hemp act. This is also to remain compliant with federal regulations originating from the US Farm Bill.

North Carolina Industrial Hemp Act

According to the Industrial Hemp Pilot Program in North Carolina, the Agricultural Act of 2014 (P.L. 113-79) helped spearhead the adoption of growing hemp in the state, while the Agriculture Improvement Act of 2018 helped to further stabilize the program for the long-term.

Under the pilot program, the State requires a committee which is made up of nine members. The members regularly meet to discuss new standards for the industry and establish new requirements in order to better align with the spirit of the industrial hemp act. This is also to remain compliant with federal regulations originating from the US Farm Bill.

List of controlled substances

By reviewing the North Carolina Controlled Substances Act, we learn of which parts of the hemp plant material are considered controlled substances in the state.

Under § 90-94. Schedule VI controlled substances, we notice the following:

(1) Marijuana.

(2) Tetrahydrocannabinols.

Though Tetrahydrocannabinols are listed as Schedule VI controlled substances, we need to read further to understand the exceptions to that rule as they relate to hemp extracts.

In§ 90-94.1. Exemption for use or possession of hemp extract, it states:

Notwithstanding any other provision of this Chapter, an individual may possess or use hemp extract, and is not subject to the penalties described in this Chapter, if the individual satisfies all of the following criteria:

... Possesses, in close proximity to the hemp extract, a certificate of analysis that indicates the hemp extract's ingredients, including its percentages of tetrahydrocannabinol and cannabidiol by weight.

... Notwithstanding any other provision of this Chapter, an individual who possesses hemp extract lawfully under this section may administer hemp extract to another person under the individual's care and is not subject to the penalties described in this Chapter for administering the hemp extract to the person if the individual is the person's caregiver, as defined in G.S. 90-113.101.

Essentially, you're not likely to experience issues possessing Delta-8 as long as you have a certificate of analysis (CoA) and accurate readings of the tetrahydrocannabinol and cannabidiol in the product. Scannable links to CoAs (see lab reports) with the product ingredients are found on your Delta-8 product label.

Buying and Shipping Delta 8 in North Carolina

Since Delta 8 is legal in the State of North Carolina, residents can buy and sell Delta 8 products with a shipping address located in the state. Delta-8 THC is allowed in the State, as long as you're aware of the state guidelines (listed above).

Border States to North Carolina:

South Carolina, Tennessee, Georgia, and Virginia

Advocacy Groups in North Carolina Supporting Delta 8 and Hemp Laws

North Carolinians have a long reputation of openness to experience with newly popular minor cannabinoids like Delta 8 and pushing for progressing towards better Hemp Laws, in general. Surely you too have heard of the numerous voices advocating for the legalization of marijuana and improving medical marijuana regulations in order to improve care. It's true, Delta-8-THC North Carolina cannabis advocates rock! Check out some of the standout organizations in the State:

Cannabis Advocacy of North Carolina

North Carolina Industrial Hemp Association

News stories covering raids or busts on Delta 8 Products and stores in North Carolina

9/15/2021

Another Delta affects campus: Delta-8!

8/26/2021

The delta-8 debate

7/26/2021

Here’s how Delta-8’s popularity is dividing NC’s fledgling hemp industry

7/6/2021

Confusion reigns — and calls to the poison control center increase — over marijuana, hemp laws

6/14/2021

What would medical marijuana legalization mean for Asheville's CBD and hemp shops?

6/8/2021

Delta 8 is legal, but for how long? Some call for regulation as businesses exploit loophole in marijuana law

3/11/2021

North Carolina: Public May Join Industrial Hemp Commission Meeting via Call on Mar. 16

1/4/2021

As hemp gains popularity, some Eastern North Carolina growers face challenges