The Agricultural Reform Act of 2018 accompanied a revolution in the United States by legalizing hemp and hemp derivatives containing 0.3% THC concentrations and amending the Controlled Substances Act to remove THC from Schedule I of the CSA list.

But how does it affect the lives of people living in North Carolina? What does this change mean to them? Let’s find out.

Anyone planning to sell, consume or manufacture Delta-8 products in North Carolina, this Delta-8 THC North Carolina Law Guide has you covered.

Is Delta-8 Legal in North Carolina?

Yes, Delta-8 is legal in North Carolina. It was legalized in 2019 through Housing Act 352.

Legislative History of Delta-8 THC in North Carolina

North Carolina strives to bring its state laws into line with federal law. In 2019, the state passed House Bill 352, legalizing hemp and defining the associated definition without major changes, enacting it like the Farm Bill. The HB Act also states that, with the exception of THC in cannabis extracts or cannabis products, THC remains a Schedule VI controlled substance. The Act defines important definitions of cannabis, cannabis extracts, cannabis products, smokable cannabis as:

Cannabis is a cannabis sativa plant or any part of a plant, including derivatives, cannabinoids, salts, acids, isomer salts and seeds, with a Delta-9 THC concentration of 0.3% by dry weight.

Cannabis extract is defined as cannabis extract or a mixture of materials or compounds containing 0.3% THC in Delta-9. Hemp products are processed or manufactured from the hemp plant or its parts, which are approved by the USDA for commercial use.

Delta-8 THC explained

I am sure you are wondering why there is no mention of Delta-8 THC at the state or federal level. This article is about the legality of Delta-8 THC, so the answer is: Delta-8 occurs naturally in two cannabis plants, marijuana and marijuana. Only Delta 8 from the cannabis plant is legal as long as its THC concentration is below 0.3%. If it’s higher than that, it’s considered marijuana or Delta 9 THC. Delta-8 provides euphoria, pain relief and relaxation, and is milder due to its lack of potency, making it an ideal product for those who do not wish to experience the heights associated with substances such as Delta-9.

Debate over the legality of Delta-8

Since the 2018 Farm Bill did not mention the compound, there was confusion about what was legal and what wasn’t. Things got more complicated when people started producing cannabis through a different process called isomerization. The Drug Enforcement Administration (DEA) issued an interim final rule stating that “synthetically derived THC” remains on the list of controlled substances. But again, as with state and federal law, there is still ambiguity about what “synthetic derived” means. Isomerization is a natural process if experts and news articles are to be trusted. This happens when it is put into different conditions to speed up the process, and no added compounds or reactions are used.

Delta-8 in NC has limitations

Because the compound has been legalized to be purchased, consumed, and manufactured at the federal and state levels, there are no possession restrictions defined for it. But if you have Delta-8 THC, do you need to worry? The answer is “yes,” as the compound is easily confused with Delta-9 THC, which is banned and considered a controlled substance at the state and federal levels. So make sure you have proper documentation, lab tests and labels on your product to avoid any issues.

Traveling North Carolina with Delta-8 THC

Yes, you can travel with a Delta-8. However, there are some exceptions. Make sure the states you travel to and from when you have the compound have legalized it. If you are flying, check with your airline. Even the safety check procedure is related to your safety. If you are found in possession, your case may still be transferred to the local police station and you may face some charges. So it’s wise to verify and check everything.

Delta-8 THC: Synthetic or Natural

No, it is a naturally occurring substance in cannabis and cannabis plants. Furthermore, there is no scientific way to produce Delta-8. Furthermore, the definition of what would be called “composite” has not been defined.

Delta-8 consumption and health risks

Although you’ve read a lot about how Delta-8 effects are milder and don’t get you “high”. Delta 8 is not safe, it does have side effects similar to Delta-9.

The FDA and CDC have recently issued warnings about the potentially dangerous nature of this compound and what happens to those who consume it. About 100 hospitalizations were reported, and the poison control center received more than 600 calls.

Due to inappropriate labelling and misleading marketing, people don’t even know what they’re consuming. There are no guidelines for its consumption, and consumers themselves must monitor the dosage and observe its effects. Despite being called “Weed Weed” “Weed Lite,” this product appears to be contaminated and unadulterated, making it harmful to eat. The situation is made worse by the fact that these products are not FDA-approved.

Buy Delta-8 in North Carolina

Delta-8 products are widely used in NC online and offline. These products come in the form of e-cigarettes, gummies, twists, tinctures, and more. You can find them at gas stations, pharmacies, stores, head offices and local stores. However, you can get a variety of options from top sites that sell Delta-8 products, such as Exhale Wellness, Budpop, Hollyweed CBD, Diamond CBD, 3Chi, and more.

Additionally, when Delta-8 was legalized, there was an unregulated market for Delta-8 products that were harmful and prepared by illegal means. Since there is no law to stop such markets from working, there is no way to stop them either. Therefore, it is our responsibility to check that we have purchased the correct product.

  • The cannabis source of the product
  • Lab Testing and Labeling
  • customer reviews
  • product brand value

Age Criteria for Delta-8 Consumption in North Carolina

North Carolina and federal laws do not address age-related consumption of Delta-8. However, some states fix the age at 21. Therefore, some retailers may ask your age and only offer you their products when you are 21 years old.

Licensing and Cultivation of Cannabis in North Carolina

The North Carolina Department of Agriculture and Consumer Services announced that beginning January 2022, all hemp production on the North Carolina border should be in compliance with USDA regulations. The state closed its cannabis pilot program on December 31, 2021. The license issued by the project is invalid, and no one in the state is currently able to grow cannabis. The application process is different from the North Carolina program unless they have already applied for and been licensed by the state cannabis program. You need an FBI identity history summary, which is nothing more than a criminal background check and your fingerprints. Growers must create an account on the Hemp Emanagement platform and use it to submit their USDA hemp application. Growers must also select and pay for USDA-certified sampling agents and laboratories, where samples of the hemp they grow will be sent for testing. Growers will need to form and register the business you intend to grow and obtain a Federal Employment Identification Number.

Additionally, once you become a licensed grower, you need to follow these rules:

  • THC testing of crops should be done 30 days before harvest
  • Thermal hemp, that is, crops with a THC concentration of more than 0.3%, will be destroyed.
  • Cannabis samples collected by third-party labs for chemical testing
  • The sample is taken from the flowering top of the plant

You can click here for more information National Cannabis Program

Frequently Asked Questions

Question: Is recreational marijuana legal in North Carolina?

Recreational marijuana is not entirely legal in North Carolina. It is only for patients with intractable epilepsy who can use 5% CBD and 0.9% THC. Note that it is not legal to sell medicinal marijuana. Additionally, NC recently legalized holding half an ounce or less of marijuana. Beyond this period, the person faces 45 days in prison and a fine of up to $1,000. Anything less than 1 ounce but less than 10 pounds will be considered a 1st degree felony.

Question: Is Delta-10 THC legal in North Carolina?

Yes, this is legal in North Carolina. As long as it contains the 0.3% THC limit and is protected by relevant legislation, it must be derived from the cannabis plant.

Question: Is Delta-8 legal nationwide?

Delta-8 is federally legal nationwide. However, 19 states have restricted, regulated, and banned Delta-8; as of now, 30 states have legalized it, and 4 states are still considering its legality.

Fundamentally, this is due to the legal grey area Delta-8 is in. In addition, FDA warnings related to Delta-8 consumption have added to the concerns of states. It will be interesting to see how states will balance the benefits of this compound and consider stricter regulations.

Question: Is CBD legal in North Carolina?

Yes, as long as CBD has an acceptable level of THC concentration, which is 0.3, it’s legal. It’s a hemp-derived CBD and comes with a QR code that shows lab testing (not mandatory, but recommended). If these conditions are met, it is legal to buy, possess, sell or manufacture CBD in this state.

Question: Did Delta-8 THC show up on your drug test?

Yes, it will show up in drug tests and even come with associated conviction charges that apply to people consuming Delta-9 because there is no advanced laboratory facility or mechanism to show which delta THC you have consumed. Delta-8 is a new product and not enough research has been done on this compound. If you are about to have a Delta-8 drug test, you will need to stop using it at least 2-30 days before the test. According to some tests, the presence of Delta-8 can be detected up to 90 days after consumption.

The future of Delta-8 in North Carolina

North Carolina has a short history of allowing Delta-8. After the compound was federally legalized in 2018, the state legalized it some time later. Uncertainty remains at the federal and state levels for Delta-8 due to the lack of stronger federal and state regulation. On the other hand, the picture appears to be brighter as states continue to work to expand their legalization of similar compounds.North Carolina proposes House Bill 617 to legalize possession of up to 2 ounces of marijuana by adults 21 and older, authorizing regulation of the commercial marijuana market

Further reading:

Delta 8 THC Florida Legal Guide

Delta 8 THC Alabama Legal Guide

Delta 8 THC Indiana Legal Guide



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