Delta 8 THC is a unique cannabinoid in the hemp plant that is rapidly expanding in popularity nationwide with promising applications, both medically and recreationally. While Delta 8 THC does feature familiar properties to Delta 9 THC, the main chemical in marijuana, it has generally less potency and a completely different effect on its users.
But is Delta 8 THC legal in North Carolina?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in North Carolina
As of today (10/06/2020), Delta 8 THC is legal according to North Carolina state law. Like the federal law, North Carolina has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
Much like it's southern counterpart, North Carolina shares policies resembling Delta 8 THC in South Carolina. It'll be interesting to keep an eye on things to see what happens in the coming months/years!
The laws follow:
SENATE BILL 352 -SECOND EDITION.
AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT.
§ 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 a 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:
(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.
Cannabis Policy in North Carolina
As it currently stands, North Carolina is one of the many states that have enacted laws to stop jailing those who possess small amounts of marijuana, at least for a first offense but still has strict medical marijuana regulations. Though the Senate Bill 58, a bill for legalization at the federal level, has stalled, many economists are pointing to the legalization of marijuana being beneficial to help offset the deficit in the economy left by the pandemic in 2020.
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