Is Delta 9 Legal in North Carolina
If you have ever tried marijuana, you probably noticed some changes in your mental state. Perhaps some sense of euphoria, relaxation, contentment, or sudden ‘giggliness.’ If you did, that was Delta-9-tetrahydrocannabinol (∆9-THC), the primary psychoactive ingredient in cannabis.
Cannabis has been shrouded in controversy since the early 1930s. As a result, the federal government instituted control measures to check its use. Fast forward to the 70s, cannabis was declared illegal and subsequently scheduled under the Controlled Substances Act (“CSA”) of 1970.
Of course, not many people knew Delta 9 was the substance in cannabis creating that much mayhem. So, the federal government simply placed a blanket ban on cannabis.
In 2018, new legislation was enacted that altered the legal status of cannabis. Want to know which law this was and how it impacted the legality of cannabis? Read on.
Key Takeaway
- Delta 9 is the primary psychoactive compound in cannabis.
- The 2018 Farm Bill distinguished hemp from marijuana based on the Delta-9-THC content. Hemp contains 0.3% THC or less, while marijuana contains more than 0.3%.
- Hemp-derived Delta 9 is legal in North Carolina as spelled out by SB 352 and HB 252. As a result, it is not a controlled substance.
Delta-9-THC and Federal Law
- The Agriculture Improvement Act of 2018
In 2018 President Trump signed into law the Agriculture Improvement Act, aka the Farm Bill. This progressive law (isn’t it?) legalized hemp – a cannabis plant that typically contains low THC content.
The precursor to the complete legalization of hemp was the 2014 Farm Bill. This law permitted states to run pilot hemp programs mainly for research purposes. But hemp did prove its usefulness in many ways.
Besides its seeds being used as food, hemp fiber is an important raw material for making clothes, ropes, bags, paper, and building materials. It’s even said Henry Ford made certain car parts with hemp fiber!
The 2018 Farm Bill merely reaffirmed what many thought of hemp – a valuable crop with immense economic opportunities. However, the point of note is the 2018 Farm Bill’s definition of hemp;
The plant cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids… with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
The import of this law is this; it exempts hemp from Schedule I of the CSA, meaning it is no longer a controlled substance. It also implies that any derivative of hemp is federally legal. Consequently, hemp-derived Delta-9-THC is a legal compound.
However, it is a good idea to read the 2018 Farm Bill together with other laws like the Controlled Substance Analogue Enforcement Act of 1986. This is because the emergence of novel cannabinoids like Delta 8, Delta 10, THCV, etc., has spurred the creation of such compounds via chemical synthesis.
For the avoidance of doubt, the Analog Act states that “any chemical substantially similar to a controlled substance listed in Schedule I or II shall be treated as if it were a Schedule I drug if it is meant for human consumption.”
Why is this important? Since Delta-9-THC can be derived from hemp or artificially synthesized, it helps to know which variant is legal. Delta 9 derived from a non-hemp source or chemically synthesized is prohibited.
back to menu ↑North Carolina Delta-9-THC Laws
After the federal government enacted the 2018 Farm Bill, many other states followed suit by enacting similar-sounding laws to govern hemp cultivation.
The North Carolina legislature passed Senate Bill 352, effectively amending the state’s CSA to exempt hemp and its derivatives. SB 352 defines a hemp product as;
Any product with a delta-9-THC concentration of three-tenths percent (3%) on a dry weight basis derived from, or made by, processing hemp plants or plant parts…in a form available for commercial sale…
In effect, if the hemp product you are using contains no more than 0.3% of Delta 9, it is permissible in North Carolina. This position is also supported by House Bill 252, which confirms that hemp products with no more than 0.3% THC content are, in fact, legal in North Carolina.
back to menu ↑Is Delta-9 a Controlled Substance in North Carolina
No, Delta 9 is not a controlled substance in North Carolina. Of course, the ‘Delta 9’ referred to in this context is hemp-derived Delta 9.
While the Agriculture Improvement Act did legalize hemp and all its derivatives, there are rules and regulations that govern hemp farming across all states where it is legal. For example, growing hemp without a license in North Carolina is illegal.
It means hemp farming is supervised by the United States Department of Agriculture (USDA). Therefore, anyone interested in hemp farming must get approval from the USDA. Moreover, the crops are regularly assessed for THC content; if lower or equal to 0.3%, they are approved for harvesting. However, any cannabis crop with a high THC content (> 0.3%) is classified as marijuana and cannot proceed to processing.
Just so we are clear, marijuana remains illegal in North Carolina. There are plans to legalize medical marijuana for people with chronic illnesses such as cancer, epilepsy, ALS, Parkinson’s disease, etc., but medical usage is very limited at the moment.
Recreational cannabis is not permitted in the Old North State. Possessing little over half an ounce to 1.5 ounces is a class 1 misdemeanor punishable by a $200 fine or 45 days of jail time. Clearly, it would help if you were sure that Delta 9 product you own is legit.
back to menu ↑Delta-9-THC Possession Limits in North Carolina
Since Delta-9-THC is a legal compound in North Carolina, it has no possession limits. Moreover, it is legal to travel within and out of the state with Delta 9 as long it is equally permitted where you are going.
This is vital because hemp laws vary across the states. For example, Idaho has yet to legalize hemp despite the federal Farm Bill. Texas allows hemp products apart from the ‘smokables.’
However, barring such legal nuances, you can pretty much buy any amount of delta 9 product in North Carolina. Just as well because these now flood the market. CBD and other hemp cannabinoids are all the rave right now, thanks to their much-touted health benefits.
back to menu ↑Is Delta-9-THC Legal in North Carolina
Yes, hemp-derived Delta-9-THC is legal in North Carolina. But we understand your apprehension about Delta 9’s legal status considering a previous law banned all “tetrahydrocannabinols” without exceptions.
However, rest easy because Senate Bill 455 amended the earlier law to exclude “tetrahydrocannabinols of hemp” with a concentration of 0.3% or less. Under this law, a hemp product that contains other ‘THCs’ like Delta 8 is not illegal unless it contains an unlawful amount of Delta 9.
This is particularly noteworthy given the growing opposition Delta 8 faces in some states that are considering banning it. However, the Farm Bill of 2018 does not prohibit other forms of THC like Delta 8. Therefore, there are no limits on how much of these THCs can be included in hemp products.
Moreover, the 0.3% limit “on a dry weight basis” appears to apply to cannabis flowers. It is unclear how it applies to processed hemp products like extracts and distillates. But with the proliferation of hemp products, it may not be easy to tell the source of the Delta 9. This is because the industry is unregulated, so quality and safety issues remain pressing concerns.
While it is generally up to the State to prove a defendant did not know they possessed an illegal product [State v. Perez, 55 N.C. App. 92 (1981)], it is advisable to stay vigilant when buying hemp products. Some may contain toxic substances like heavy metals, pesticides, microbial contaminants, etc.
back to menu ↑Where to Buy Delta-9 Gummies in North Carolina
So, if you are in North Carolina and want some good old Delta 9, the names on everyone’s lips are brands like Botany Farms, Melee Dose, and Delta Munchies. These companies specialize in developing high-quality, all-natural Delta 9 THC products.
Check out our top choices for Delta 9 Gummies below.
