NORTH CAROLINA STATE LAWS REGARDING DELTA 8 THC AND CBD
Over two-thirds of states have legalized the use of medical marijuana, while about a third have legalized recreational use. Unfortunately, in the state of North Carolina, there is a hard, and difficult battle being fought for the passage of medical marijuana laws.
The North Carolina Compassionate Care Act, also known as Senate Bill 711, would allow doctors to prescribe medical marijuana for conditions like cancer, epilepsy and PTSD. A new committee at the Department of Health and Human Services could give out 10 licenses to companies that could operate up to four dispensaries each.
The SB711 bill still has a long way to go before it can possibly become law, including passage by the full state Senate, the House, and then a signature from the governor.
Hemp cannabis was legalized at the federal level with the passage of the 2018 Farm Bill, allowing for the cultivation, production, distribution, transportation, sale, and possession of hemp and hemp products containing 0.3% or less THC.
What does this mean for residents of North Carolina, and how does the Tar Heel state treat compounds like cannabidiol (CBD), cannabigerol (CBG), and delta-8-tetrahydrocannabinol?
What is the Legal Status of CBD in North Carolina?
You might think the answer to this question is pretty straightforward since the 2018 Farm Bill legalized hemp cannabis in the U.S., including all 50 states. However, there are some states like Kansas, that maintains stricter laws where CBD is concerned.
In 2015, North Carolina lawmakers passed the North Carolina Senate Bill 313 to promote the legality of an industrial hemp industry. SB313 was amended to specify hemp growers’ responsibilities under the Industrial Hemp Pilot Program.
In other words, In North Carolina, CBD products extracted from hemp is legal, as long as the products are made under the North Carolina’s Industrial Hemp Pilot Program.
There are no requirements or laws governing the production or sales of hemp extracted CBD products that contain less than 0.3% THC. Manufacturers need to adhere to federal guidelines and not make any false claims.
To possess hemp extract CBD products with 0.9% THC, patients and caregivers must submit a North Carolina Epilepsy Alternative Treatment Act Caregiver Registration Application. This application can be filled out online or sent to the North Carolina Department of Health & Human Services. This program is only available to patients who are suffering from intractable epilepsy.
What About CBG?
When CBG is derived from hemp cannabis, it is considered legal in all 50 states. With that being said, the same laws above that apply to CBD in North Carolina, also apply to CBG products.
Is Delta 8 THC Legal in North Carolina?
Yes, Delta 8 THC is legal in North Carolina.
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.
This makes it clear that making sure that Delta 9 THC remains less than 0.3% is the main priority in North Carolina, but what about Delta 8?
North Carolina’s Senate Bill 313 helped to define North Carolina’s structure to remain compliant with federal regulations. There were updates with House Bill 992 that modified the law in 2016. To add, new rules were enacted by the state’s Industrial Hemp commission in 2017.
Broad Spectrum vs. Full Spectrum
Full-spectrum CBD contains all of the chemical compounds naturally occurring in the plant, which amounts to roughly 400 substances. Cannabis consists of terpenes, flavonoids, and over 100 cannabinoids that interact with the endocannabinoid system, including Delta 9 THC, the cannabinoid responsible for psychoactive effects.
Hemp cannabis, which is legal federally, features 0.3% or less THC, so it should be legal in every state. However, there are some states like Kansas, that laws strictly prohibit Delta 9 THC, so full-spectrum products are not permitted.
Luckily for the residents of North Carolina, both Full Spectrum CBD, and Broad Spectrum CBD, are legal as long as they are derived from hemp, and contain less than 0.3% Delta 9 THC.
Should I buy Delta 8 THC in North Carolina or Online?
Most smart people, like you, know shopping online is typically the fastest and most cost effective way get almost any product; including delta 8 THC products. Have the ability to buy directly from the brand, read reviews, take a look at third-party certificates of analysis (COA) tests, and compare products easily from the comfort of your home.
However, there are some companies producing delta 8 THC through potentially unsafe methods or that are selling products with higher delta-9 content that is legally allowed. For example, some are using heavy metal reagents or doing a poor job at removing the (illegal) delta 9 THC content or harsh chemicals and acids from the final product.
To reduce your odds of coming into this type of problem, it is recommended to always buy from brands that display their third-party COA’s – and this is the greatest benefits of buying online.
Additional Benefits of Ordering D8 THC online:
- Get better online pricing and seasonal discounts
- Easily read real customer product reviews & see third-party COA’s
- Convenience of ordering from the comfort of your home
- Typically a better product selection with online shops
- Products left on store shelves can expire if they there isn’t a lot of store traffic
What is the Difference Between Delta 8 THC and Marijuana?
Some of the biggest confusion over cannabis products comes from Delta 8 THC and Marijuana (Delta 9 THC) Gummies. While they’re more similar than different, there are important distinctions you should consider before buying.
Both Delta 8 and Delta 9 THC occur naturally within cannabis plants. Both create psychotropic effects in users called a “high.” And both are chemically very similar. In chemical terms, Delta 8 is an isomer of Delta 9, meaning it possesses the same elements but a different chemical structure.
That difference is important. The change in chemical structure causes the molecules to interact slightly differently in the body. Where Delta 9 slots perfectly into receptors in the endocannabinoid system, Delta 8 doesn’t fit as easily.
The chemical difference means that Delta 8 produces a less potent high. Delta 9 THC creates an intense and heady experience. It can make users feel euphoric, get the giggles, feel hungry, and become tired. Delta 8 creates effects that similar, but less potent.
The high Delta 8 produces is gentler and more clear-headed. It’s also less likely to lead to feelings of paranoia.
Is a Medical Card Needed in North Carolina to Order Delta 8 THC Products?
As Delta 8 products are not regulated there are no medicinal Delta 8 THC products to purchase. Therefore, it’s not necessary to show or have a card to purchase D8 products. It was derived from legal hemp — with less than 0.3% of THC — it falls under the same laws as CBD.
You can buy it without a medical license in all Delta 8 THC legal states, including the Tar Heel state!