Is Delta 8 Legal in North Carolina?
Yes, Delta 8 THC is legal for North Carolina residents to use, possess, sell, distribute, produce, and manufacture in the state. This includes all other cannabinoids that are derived from hemp including Delta 9, Delta 10, and CBD products
This is possible because North Carolina state law and federal law surrounding industrial hemp are aligned since the passing of the Agriculture Improvement Act, often referred to as the 2018 Farm Bill. This piece of federal legislation legalized hemp and removed hemp and all hemp derivatives from the Controlled Substances list allowing them to be used and sold at the federal level.
The Farm Bill also defined hemp and clarifies that any cannabis plant that contains less than three-tenths percent (0.3%) Delta 9 THC on a dry weight basis is considered industrial hemp making all hemp products, plant parts, and raw hemp plant material federally legal.
Delta 8 Legislative History in North Carolina
Following the passing of the Farm Bill, which made hemp-derived cannabinoids like Delta 8 official legal in North Carolina, NC lawmakers signed Senate Bill 352, which is what removed hemp and its derivatives from the North Carolina controlled substances list.
The Federal Drug Enforcement Administration considers a substance a Schedule 1 drug as, any drug or chemical with no currently accepted medical use and a high potential for abuse. Examples of Schedule 1 drugs include LSD, heroin, and marijuana. Fortunately, hemp is no longer included on this list.
Because of this you can legally buy Delta 8 THC and other hemp-derived products in North Carolina. The only exception to this would be any products derived from anything but hemp.
Where to Buy Delta 8 in North Carolina?
Even though you can find Delta 8 and other hemp-derived cannabinoids for sale in many major cities in North Carolina such as Charlotte, Raleigh, Winston-Salem, and Greensboro many choose to bypass their local smoke shops and instead buy Delta 8 online, having their products shipped to their door. Not only is buying Delta 8 online easier, but it is also cheaper and gives you far more options, allowing you to fully vet and find a reputable retailer.
Truth be told, there are a lot of low-quality and shady companies out there. You should be cautious of convenience stores, head shops, gas stations, and some vape shops selling subpar quality products.
Quality and transparency should be paramount when shopping for anything that you will be putting in your body. Everyday Delta not only believes this but is committed to vetting every single vendor we carry to prevent low-quality, contaminated, improperly labeled, or dangerous hemp-derived products from ever ending up in customers' hands.
You also have the ability to preview every third-party lab report to confirm the products you are buying are pure, safe for consumption, and meet all federal legal requirements. These lab results protect public health and give peace of mind that the products being consumed do not contain harmful chemicals and by-products such as vitamin E acetate.
Just remember to be familiar with your state and local laws regarding hemp-based products in your areas. For those in North Carolina, you are free to order Delta 8 and have it shipped directly to your door.
Which Product Types are not Legal in North Carolina?
Federal and state laws prevent all marijuana-derived THC from being bought and consumed in the state. Since Delta 8 THC and other hemp-derived cannabinoids do occur naturally in both marijuana and hemp plants it is important to know that only Delta 8 THC derived from hemp is legal.
How is the hemp plant different than marijuana? What differentiates marijuana from hemp is the Delta-9 THC concentration it contains. In order for farmers to consider their crop as industrial hemp the cannabis plant and raw hemp plant material must contain less than 0.3% Delta 9 THC on a dry weight basis.
The term "hemp product" means any product that falls within a concentration of three-tenths percent (0.3%) on a dry weight basis derived from or made by processing hemp plants or plant parts, which are prepared in a form available for commercial sale. This includes cosmetics, personal care items, and food intended for animal or human consumption as approved by the US Food and Drug Administration (FDA) or the US Department of Agriculture.
Is Recreational Marijuana Legal in North Carolina?
No, the recreational use of marijuana is illegal in North Carolina.
The possession of cannabis in amounts as small as 0.5 oz is considered a misdemeanor and results in a fine of $200.
Possession of 0.5 - 1.5 oz of weed is punishable by 45 days in jail along with a $1,000 fine. Getting caught with 1.5 oz up to 10lbs is a felony punishable by up to 8 months in prison along with a $1,000 fine.
Is Medical Marijuana Legal in North Carolina?
No, medical marijuana is illegal in North Carolina. The state has not legalized medical marijuana at this point but that doesn't mean that North Carolina voters aren't on board.
A poll completed on the topic found that 68% of voters were in support of legalizing medical marijuana while only 19% of voters were opposed, leaving 13% undecided or on the fence. Regardless of this, medical marijuana is still up in the air for North Carolina.
Currently, North Carolina lawmakers are carefully considering the possibility of legalizing marijuana use for some qualifying conditions via the NC Compassionate Care Act, also referred to as Senate Bill 711. This was introduced by Republican Bill Rabon, which got a green light from the Senate judiciary committee. It is still unclear if there will be enough support in the General Assembly for the bill's full approval.
The Compassionate Care Act is the first medical cannabis bill to make it this far through the Senate. If this bill is successful, it aims to protect patients and doctors from criminal and civil penalties. In order for SB 711 to become a law, it must pass in the House on top of being signed by North Carolina Gov. Roy Cooper.
For those who suffer from ailments such as post-traumatic stress disorder and multiple sclerosis that are currently unable to access medicinal cannabis, at least state law allows the legal use of Delta 8 THC as an alternative to using an illegal controlled substance. Those who have found Delta 8 have continued to provide resoundingly positive feedback.
The History of the DEA's View of Delta 8 THC in North Carolina
The history of the DEA's stance on the hemp product Delta 8 THC has not always been a positive one. In September 2020, the DEA issued an Interim Final Rule covering the legal status of synthetic THC. The stance the DEA took is that they believe all synthetically derived THC should be considered an illegal controlled substance and therefore remain on the Controlled Substances Act.
Even though cannabis products like Delta 8 THC are naturally occurring, Delta 8 THC is a minor cannabinoid making up only 1% of the cannabis plant. Being that it is found in such small quantity's producers must first start by processing hemp plants for CBD and then in a chemical process under lab conditions convert it into Delta 8 THC. Because these products are chemically synthesized, some view them as being man-made or therefore synthetically produced.
What Does the Future of Delta 8 THC Look Like for North Carolina?
With constantly evolving laws, what is a locally and federally legal substance today might not always be legal in the future. However, for cannabis users in North Carolina, the future of hemp law looks bright. There is currently no upcoming state legislation that could change the legality of Delta 8 in North Carolina.
Our view on the future of Delta 8 THC and the cannabis industry as a whole is dependent on resellers commitment to selling only high-quality Delta 8 products backed with lab reports that fall in compliance with federal law. Failure to do this will likely hurt the hemp industry and result in posing a public safety concern which will spark further regulations and restrictions.
Frequently Asked Delta 8 Questions?
Is Delta 8 legal in North Carolina?
Yes, Delta 8 THC is legal in North Carolina as long as it is derived from hemp plants and contains no more than .3% Delta 9 THC on a dry weight basis.
Is CBD legal in North Carolina?
Yes, hemp-derived CBD is legal in North Carolina. This is only the case if the CBD products are derived from hemp and not marijuana.
Can you pass a drug test with Delta 8 in North Carolina?
No, because Delta 8 THC is a form of THC. THC metabolites will be present in your body when using Delta 8. Standard drug tests do not differentiate between THC that is legally derived from hemp or THC derived from marijuana.
Can you travel to North Carolina with Delta 8?
Yes, because state law allows the use and possession of Delta 8, you can travel to and within the state of North Carolina with Delta 8 legally as long as the products are hemp-derived.
Is possession of Delta-8 a felony in North Carolina?
No, hemp-derived Delta-8 THC in North Carolina remains fully legal in both state and federal law ever since the passing of the 2018 Farm Bill.
What happens if I get pulled over in North Carolina with Delta-8?
While Delta 8 THC is legal in North Carolina, you should not drive or operate a vehicle while under the influence. Doing so may result in prosecution.
Final Thoughts, Delta 8 in North Carolina
It didn't take long for Delta 8 to skyrocket in popularity and become a mainstream hit. At roughly 50% the potency of Delta 9 THC and an even lower risk of unwanted side effects such as anxiety and paranoia, hemp products like Delta 8 THC have quickly become a favorite among both beginners and sensitive cannabis users.
Now that we've answered the question of "Is Delta 8 legal?" We suggest giving Delta 8 THC a try if it's been something you've been looking into or been considering.
While the hemp plant offers many therapeutic benefits, remember Delta 8 THC products are best to be bought through a reputable online store. Companies like Everyday Delta are here to ensure you are getting top-tier quality hemp products at affordable prices.
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