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Delta 8 Laws in North Carolina

Posted on April 17, 2023


North Carolina is one of 12 states in the United States that has not yet legalized marijuana, hence the state's openness to delta-8 THC is often called into doubt. Since the passage of the 2018 Federal Farm Bill, any hemp product with less than 0.3% delta-9 THC by volume can be sold without fear of prosecution.


CBD is one of over one hundred cannabinoids found in raw hemp (cannabidiol). CBG, CBN, delta-8 THC, and others are all minor cannabinoids. Theoretically, the 2018 Farm Bill will safeguard delta-8 because it is a chemical generated from cannabis. Some jurisdictions, however, have begun enforcing restrictions on delta-8 products. To learn about the laws about Delta-8 THC North Carolina continue reading this blog.

About Delta-8 THC?

A new kind of THC has exploded in popularity over the past few years and may now be purchased in numerous states, including North Carolina. Other than delta-9 THC, the major type of THC present in cannabis that causes intoxication, delta-8 THC is a psychoactive chemical generated from the plant. According to Leafly, the key difference between the two is that delta-8 has a slightly different molecular structure from delta-9, which causes it to attach to brain receptors differently and hence be less effective. The anecdotal evidence from users of delta-8 suggests that it results in a milder or less powerful high than the high experienced while using other compounds. It has been estimated that the potency of delta-8 is between 66% and 75% of that of delta-9, according to the U.S. Council of Cannabis, a consortium of organizations campaigning for legalization. More studies are needed to learn how delta-8 affects the human body, as stated by groups like Leafly.

Federal Law and Delta 8 THC

All forms of Delta-8-THC derived from hemp are legitimate under federal law. Hemp regulations vary from state to state, and naturally, not all states approve. What about Delta-8-THC? Is Delta-8-THC legal in North Carolina? If it is, where can you buy it in the modern hemp industry?


The availability and legality of Delta-8 in North Carolina are both welcome developments. The state has made amendments to its Controlled Substances list to take tetrahydrocannabinol extracted from hemp off the schedule and has legalized hemp in a broad sense.

It's widely available in both brick-and-mortar and digital formats, but before you make any purchases, you should study the legislation of Delta-8-THC in North Carolina.

Laws of North Carolina for Delta 8 THC

The state of North Carolina has revised its hemp legislation to make CBD and other hemp-based products legal. Some forms of hemp, such as smokable hemp flowers, are still prohibited by state law.

Fortunately, Delta-8-THC is not explicitly banned in the state, and the phrasing of the law makes its use possible there. When it came time to legalize hemp in North Carolina, the state legislature adopted a definition very similar to the one found in the federal 2018 Farm Bill.

Hemp, in North Carolina, refers to any material derived from Cannabis Sativa that has less than 0.3% Delta-9-THC, including all extracts, isomers, salts, cannabinoids, acids, and isomers.

This term includes delta-8, a byproduct of hemp. Furthermore, tetrahydrocannabinol generated from hemp is now explicitly exempted from prohibition thanks to a change in North Carolina's Controlled Substances Act. 

Law for Controlled Substances

All restricted substances with a designated official name, chemical name, common or conventional name, or business name are included in this schedule. To place a substance on this schedule, the Commission must conclude that either it has no currently accepted medical use in the United States, it has a low potential for abuse in terms of risk to public health and the potential to create physiological or psychic dependence liability basis of the current medical knowledge, or there is a need for further and continuing study to develop scientific evidence of its pharmacological effects.

Limitation of Possession of Delta-8 THC in North Carolina 

Delta-8-THC, a compound found in hemp, is not subject to any possession limits under North Carolina law.

However, law enforcement officials can confuse Delta-8 with Delta-9 THC in North Carolina if they don't have access to the appropriate paperwork and laboratory testing.

Since tetrahydrocannabinol is the only component checked for in standard laboratory testing, considerable testing is required to distinguish between Delta-8 and Delta-9 concentrations when confirmation of legal possession is required.

What is Legal in NC?

The legal statuses of CBD and Delta-8 THC can seem confusing.

Hemp is any cannabis plant or its derivatives, extracts, or cannabinoids that has a delta-9 THC of less than 0.3 percent, and in 2018, federal lawmakers legalized its production under the supervision of state or federal licensing programs, taking it off the Drug Enforcement Administration's list of controlled substances. Both cannabidiol (CBD) and delta-8, both of which have their origins in hemp, are sold in dispensaries and head shops across the Tar Heel State. CBD oils and lotions, delta-8 gummies, and pre-rolled joints are just some of the options available.

What to Look For while Buying Delta-8 THC in NC

There are a few pitfalls to avoid if you decide to give delta-8 a try.

Read up on the topic. Every delta-8 item is unique. Some goods may be more useful than others, depending on the nature of your problems and your own preferences. It's possible that some forms of distribution are preferable. Vapes, tinctures, edibles, and topical applications are all viable delivery methods for delta-8.

When possible, steer clear of vape shops and other health food stores that sell products containing delta-8. Product quality may be uncertain and retailers may lack knowledge. Modern Apotheca, a Raleigh dispensary, is among the many in the United States that focus on selling delta-8 THC in North Carolina and other hemp-based goods. If you have any inquiries about their products, their hemp tenders will be happy to help you out.

If you're trying to decide between different brands, pick ones whose packaging provides complete information on the products' ingredients, potential allergens, and online resources. For instance, 3Chi brand products feature QR codes that lead straight to laboratory results. Keep in mind that the higher quality and more well-known a brand is, the more it will cost. However, delta-8 is not an area in which you should skimp.

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