Hemp: CBD vs Delta 8. Is it legal in North Carolina?
In North Carolina, hemp is legal at both the federal and state levels. At the federal level, the 2018 Farm Bill removed industrial hemp and its derivatives from the list of controlled substances. This means that hemp is legal throughout the country as long as it has a THC content of no more than 0.3%. Industrial hemp is defined as a cannabis strain that contains less than 0.3% THC by dry weight.
In North Carolina, the Industrial Hemp Act of 2015 established a hemp research program in the state, which allowed the production and sale of industrial hemp and its derivatives. The law states that industrial hemp growers must obtain a license from the North Carolina Department of Agriculture and Consumer Services and comply with state and federal regulations and requirements, including THC content not exceeding 0.3%.
In addition, North Carolina law states that hemp cannot be confused with marijuana, and requires hemp products to be properly labeled and packaged and analyzed by a certified laboratory to ensure they meet legal requirements.
It is important to note that although hemp is legal in North Carolina, some municipalities and counties may have their own laws and regulations regarding the cultivation and sale of hemp.
Hemp is legal in North Carolina as long as it meets certain state and federal requirements, including THC content no higher than 0.3%. Hemp growers must obtain a license from the North Carolina Department of Agriculture and Consumer Services and comply with state and federal regulations. In addition, it is important to note additional regulations set by municipalities and counties.
CBD
In North Carolina, CBD (cannabidiol) is legal at both the federal and state levels, as long as it meets certain requirements. At the federal level, CBD was legalized with the passage of the 2018 Farm Bill, which removed industrial hemp and its derivatives, including CBD, from the list of controlled substances. However, cannabis-derived CBD containing more than 0.3% THC remains illegal at the federal level.
In North Carolina, the Industrial Hemp Act of 2015 established a hemp research program in the state and allowed the production and sale of industrial hemp and its derivatives, including CBD. However, the law also states that CBD must be derived exclusively from industrial hemp and that its THC content must not exceed 0.3%. In addition, CBD products must be properly labeled and packaged and analyzed by a certified laboratory to ensure they meet legal requirements.
It is important to note that the US Food and Drug Administration (FDA) has not approved the use of CBD as a dietary supplement or food ingredient. Additionally, although CBD is legal in North Carolina, some municipalities and counties have established their own laws and regulations regarding the use and sale of CBD.
CBD is legal in North Carolina as long as it meets certain requirements, including that it is derived exclusively from industrial hemp, has a THC content of no more than 0.3%, is properly labeled and packaged, and is tested by a certified laboratory. However, it is important to note the additional regulations set by municipalities and counties, and the lack of FDA approval for the use of CBD as a dietary supplement or food ingredient.
Delta 8
Delta-8 THC is a cannabis-derived cannabinoid that has gained popularity in recent years due to its purported, milder and legal psychoactive effects in some US states. However, the legality of delta-8 THC remains a topic of debate in North Carolina and other states.
In North Carolina, possession and consumption of delta-8 THC are currently in an ambiguous state of legality. Unlike delta-9 THC, which is considered a controlled substance in the state and is banned for both recreational and medical use, delta-8 THC is not explicitly prohibited by state law.
However, that doesn't necessarily mean delta-8 THC is completely legal in North Carolina. At the federal level, the U.S. Controlled Substances Act states that any cannabinoid derived from cannabis, including delta-8 THC, is considered a controlled substance. This means that the manufacture, distribution and sale of delta-8 THC remains illegal at the federal level.
Despite the legal ambiguity, some retailers in North Carolina are selling products containing delta-8 THC. In these cases, the legality of delta-8 THC would depend on the source of the substance and how the product was manufactured and distributed.
It is important to note that the lack of clarity on the legality of delta-8 THC in North Carolina can have serious consequences for those who consume or sell it. While some states have legalized delta-8 THC, others have banned its sale or set strict limits on its use.
According to Aviles (2021) Delta-8 is already legal in NC. This is because it is derived from hemp and is covered by the state's Farm Bill, which remains in its "pilot" stage until the end of the year. Delta-8 THC is a close cousin of Delta-9 THC, the psychoactive compound found in typical marijuana. So Delta-8 has effects, but it's a softer high, Burnette told Axios Charlotte. Although because Delta-8 products such as Queen Hemp Company gummies contain THC, they are likely to show up on drug tests despite their legal status.
The legality of delta-8 THC in North Carolina remains a matter of debate and may depend on the source of the substance and how the product was manufactured and distributed. If you are considering the use or sale of products containing delta-8 THC, it is important to seek legal advice and understand the potential risks and consequences.
Cannabis Consumption
In North Carolina, recreational cannabis use is illegal. However, the use of cannabis for medicinal purposes is permitted under certain conditions and with valid medical advice.
If you have a valid medical recommendation for the use of cannabis, you should consume it in a private place, such as your home. It is important to note that cannabis use in public places is prohibited and can result in criminal charges.
In addition, it is important to note that possession of a certain amount of cannabis can also result in criminal charges, depending on the amount and context of the possession.
The use of cannabis for recreational purposes is illegal in North Carolina, and the use of cannabis for medicinal purposes is permitted under certain conditions and with valid medical advice. If you have a valid medical recommendation, you should consume cannabis in a private place and avoid consumption in public places to avoid criminal charges.
Sources
Aviles, M. (2021). What is Delta-8, the marijuana that is legal in North Carolina? The news.
Hometown Hero CBD. (2023). Is Delta 8 THC legal?
https://hometownherocbd.com/pages/is-delta-8-thc-legal
Leafwell. (2023). What is the legal status of THC Delta-8?
https://leafwell.com/es/blog/cual-es-la-situacion-legal-del-thc-delta-8/