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What are the latest Delta 8 THC Regulations in North Carolina?

September 26, 2021
delta 8 north carolina

Table of Contents

Is Delta 8 Legal in North Carolina? Delta 8 is a new type of THC that is quickly becoming popular in the United States. It is currently legal and unregulated in North Carolina, but is it safe? What if it isn’t? How can you locate it in the present hemp market?

This article will answer these questions and more by discussing how D8 affects your body, what side effects to look out for, and how you can get help if you are addicted to D8.

Yes, D8 is permissible and available in North Carolina. The state legalized hemp products and modified their Controlled Substances list to remove tetrahydrocannabinols produced from hemp plants from the schedule to accommodate industrial uses better.

You can buy D8THC online or in stores, but you must first learn about Delta 8-THC laws in North Carolina:

Disclaimer: We are always trying to stay up to date on the most recent Delta 8 regulations and studies. However, state laws are subject to change, so we recommend that you check with your local authorities before proceeding. This is not intended as legal advice.

Key Takeaways

  • Delta 8 is produced from legal hemp-derived cannabinoids and, as a result, is permitted under federal law.
  • In North Carolina, hemp and all of its derivatives are now legal. And THC from hemp has been removed from the list of Controlled Substances. As a result, Delta 8-THC is now legal in North Carolina.
  • To ensure that the D8 you buy is legal, make sure it comes from a lawful hemp grower who is licensed.
  • To buy Delta 8-THC products derived from hemp, you are required to be at least 21 years old. Products are available at a limited number of shops in North Carolina, but you can also purchase D8 online and have it delivered right to your residence.

Delta 8 THC Laws in North Carolina

North Carolina has modified its hemp laws to legalize CBD and a variety of other hemp derivatives. Despite this, the state maintains a prohibition on several hemp items, including smokable hemp flowers.

Fortunately, North Carolina state law has no specific restriction on D8-THC, and the state’s legal language makes it accessible. North Carolina legalized hemp using an almost identical definition to the federal one in the 2018 Farm Bill.

Hemp in North Carolina is any Cannabis Sativa compound; this includes all derivatives as long as the substance contains less than 0.3 percent D9-THC.

Under the NC Controlled Substances Act, the definition of “marijuana” includes Delta 8, which is a naturally occurring hemp derivative. North Carolina’s Act was also updated to include an exemption for tetrahydrocannabinols produced from hemp.

The following are some of the critical points from the official legislative text:



  • 90-87. Definitions.

(13a) “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.

(13b) “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.

(13c) “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.

(16) “Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. The term “marijuana” also includes smokable hemp.

The term does not include hemp, when in the possession, custody, or control of a person who holds a license permitting that person to cultivate or handle hemp; hemp products; or hemp extracts. A licensed cultivator or licensed handler may possess raw hemp plant material for the purpose of (i) selling the raw hemp plant material to a licensed handler or a person who may legally receive the raw hemp plant material in that person’s jurisdiction or (ii) processing the raw hemp plant material into a hemp product or hemp extract.

SECTION 6. G.S. § 90-94. Schedule VI controlled substances.

This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that such substance comes within this schedule, the Commission shall find: no currently accepted medical use in the United States, or relatively low potential for abuse in terms of risk to public health and potential to produce psychic or physiological dependence liability based upon present medical knowledge, or a need for further and continuing study to develop scientific evidence of its pharmacological effects.

The following controlled substances are included in this schedule:

(1) Marijuana.

(2) Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp products or hemp extracts.

(3) Repealed by Session Laws 2017-115, s. 8, effective December 1, 2017, and applicable to offenses committed on or after that date.

Is Delta 8 a Controlled Substance in North Carolina?

North Carolina modified their list to include the wording “except for tetrahydrocannabinols in hemp products or hemp extracts,” where tetrahydrocannabinols are classified as a Controlled Substance.

That implies that Delta 8-THC produced from legal hemp is not a Controlled Substance in North Carolina.

In North Carolina- What is the legal limit for Delta 8 THC?

There are no constraints on the quantity of hemp-derived products that one may possess. Delta 8-THC is not explicitly prohibited by state law.

D8, on the other hand, may be mistaken for D9-THC by law enforcement without formal documentation and laboratory testing.

Only tetrahydrocannabinol, the primary standard test for THC, is tested for in a typical lab examination. However, when proof of legal possession is required, additional, comprehensive laboratory tests are necessary to distinguish between Delta 8 and Delta 9 content.

Is It Legal To Possess, Sell, and Use Cannabis (Delta 9-THC) in North Carolina?

When it comes to marijuana use, North Carolina has quite a mixed bag of laws. The state first decriminalized the drug in 1979, but that only gave first offenders the chance to avoid criminal charges for possession of less than 1/2 oz.

However, you’ll still end up with a misdemeanor on your record if convicted of any amount under an ounce, or it is your second offense.

It wasn’t until December 2014 that the state’s Medicinal Cannabis Act (SB-839) was signed into law, which allows doctors to prescribe cannabis products for various medical conditions, including cancer, epilepsy, chronic pain, and PTSD.

However, the act only legalizes CBD products derived from marijuana plants. Also, the act only allows for CBD products with less than 5% THC.

Even then, this act is still illegal under federal law.

So in short, No, North Carolina does not allow high-THC cannabis for medical or recreational use.

Where Can I Get Delta 8 in North Carolina?

Legal hemp products may be sold in North Carolina, according to state cannabis laws, as long as it is produced under the state’s hemp plan. If you’re searching for Delta 8-THC in North Carolina, you could find it!

North Carolina’s neighboring states of South Carolina, Kentucky, Tennessee, and Virginia have all legalized Delta 8 production. This means that you may discover a wide range of Delta 8 goods in the region, but standards for excellence are also diverse.

Because of its high THC content, Delta 8 has a more significant potential for abuse and addiction than other strains. As a result, when choosing a Delta 8 distributor, proceed with caution. While you can generally locate hemp items in local shops, there could be advantages to buy Delta 8 online. Another benefit is that you may buy from a brand or manufacturer rather than a third-party vendor who might not be aware of Delta 8 effects and uses, as well as the relevant legislation.

Our Delta 8-THC products at BiowellnessX meet all requirements of the Hemp Farming Act of 2018, signed into federal law in December 2018. We can also assist you with questions about Delta 8 before you buy, or you may read the “What is Delta 8-THC?” essay to discover all there is to know.

Is It Legal to Purchase Delta 8 in North Carolina When You Are Under the Age of 21?

No state laws restrict the purchase of hemp-derived items. Although D8 retailers have the authority to establish age limits for purchasing drugs, many shops require that you are 18 or even 21 years of age.


H.R.5485 – Hemp Farming Act of 2018

Drug Fact Sheet: K2/Spice

Senate Bill 352

Frequently asked questions

Is Delta 8 Legal in All 50 States?

Under the farm bill, the Hemp Farming Act of 2018, Delta 8-THC is legal on a federal level, but each state has the option to take a different stand on hemp-derived tetrahydrocannabinols. Delta 8-THC is legal in North Carolina under state law, but you should check Delta 8 laws by state to see if they're applicable in other jurisdictions.

At what age can you start buying Delta 8 products in NC?

No federal law regulates the minimum age to buy Delta 8-THC, although several states have rules saying that people must be at least 21 years old to purchase. Because of this, you must be at least 21 years old to buy Delta 8 online or in a shop.

What does Delta 8 THC do to my body?

Many people who take Delta 8 remark on how pleasant and uplifting the experience was. It has a therapeutic effect on its users, bringing them a profound sense of comfort and calm. Some people claim it makes them feel light as if all of their weight is being lifted off of them.

Why Take Delta 8 THC?

Delta 8-THC provides a less intense version of the effects Delta 9-THC offers. It creates feelings of delight, calm, and potential pain alleviation, but they are considerably milder. For individuals who don't want an intense "high," the lower strength may be advantageous.

Can I get in trouble for having Delta 8 in NC?

You can legally obtain Delta 8 hemp products, but marijuana-derived Delta 8 is a crime (decriminalized). If you have Delta 8-THC products in your possession containing more than 0.3 percent THC, you will not be incarcerated but may receive a minor punishment such as a ticket or the seizure of your goods.

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At BioWellnessX we are on a mission to make legal, high-quality hemp-derived THC & CBD products more accessible for people nationwide. We offer cutting-edge products with one goal in mind – provide natural relief!

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