Is Delta-8 THC Legal in North Carolina?

18 U.S. states have restricted or banned delta-8 THC. North Carolina isn’t one of them.

Delta-8 THC grown in North Carolina

Delta-8 THC is legal in North Carolina. All hemp-derived cannabinoids, terpenes, flavonoids, isomers, and salts are legal under state and federal law. This means you can use, possess, sell, distribute, and produce delta-8 THC products without fear of penalty or prosecution. 

For delta-8 to be legal, it must be sourced from hemp plants carrying no more than the legal 0.3% delta-9 THC limit (by dry weight). Why? Because delta-9 THC remains a Schedule I controlled substance and the 0.3% limit is what differentiates hemp from marijuana.

Is delta-8 legal in North Carolina?

  • Delta-8 is legal to purchase, use, possess, sell, distribute, and produce in North Carolina under state and federal law 
  • For delta-8 to be legal in North Carolina, it must be sourced from hemp carrying no more than 0.3% delta-9 THC
  • Recreational and medical cannabis is not legal in North Carolina
  • You can legally purchase delta-8 products online and through physical retail stores
  • CBD and delta-10 THC are also legal in North Carolina
  • You can travel into North Carolina with delta-8 in your possession

The legislation on delta-8 in North Carolina

In 2018, the U.S. federal government signed the Agriculture Improvement Act (Farm Bill) into law. This groundbreaking piece of legislation legalized hemp cannabinoids and hemp-derived products across all 50 states and Washington D.C. 

Following the federal enactment of the Farm Bill, North Carolina passed Senate Bill 352. SB. 352 amended the North Carolina Controlled Substances Act to exclude all hemp-derived tetrahydrocannabinols, including delta-8 and delta-10. This means both delta-8 and delta-10 THC are both officially legal under state law. 

North Carolina Senate bill 352 discusses delta-8 legality

Is recreational and medical marijuana legal in North Carolina?

No. Recreational and medical marijuana is not legal in North Carolina. 

Simple possession of less than 0.5 oz of marijuana is a misdemeanor resulting in a $200 fine. If caught with 0.5-1.5 oz of marijuana, the punishment is 45 days in jail and a $1000 fine. Possession of 1.5 oz to 10 lbs of marijuana is a felony punishable by up to 8 months in prison with a $1000 fine. 

A bill to reform North Carolina’s medical cannabis laws is currently passing through the Senate. SB. 711 (The Compassionate Care Act) is the first medical cannabis bill to make it past the first committee stage. If successful, the bill is set to “protect patients and their doctors from criminal and civil penalties”. 

Buying delta-8 THC in North Carolina

Delta-8 THC edibles sold in North Carolina

Delta-8 THC can be purchased online and through licensed retail shops in the state of North Carolina. There are several licensed CBD dispensaries currently selling a decent selection of delta-8 THC gummies, vapes, and distillates. 

If you don’t live anywhere near a retail store, there are plenty of online delta-8 vendors ready to ship to your address in North Carolina. You can discover our full list of the best delta-8 products here

Avoid gas station delta-8 products. Why? Because gas stations don’t screen products for safety. There have been many reports of bogus delta-8 products sold in gas stations all over the country. We recommend sticking to licensed online delta-8 brands or checking out your local dispensary. 

What type of delta-8 is legal in North Carolina? 

Delta-8 products are only legal if derived from Farm Bill compliant hemp plants carrying no more than 0.3% THC. If derived from marijuana plants carrying more than the 0.3% THC limit, they’re illegal under state law. 

Can you travel to North Carolina with delta-8?

Yes. Under state and federal law, you can travel into North Carolina with delta-8 in your possession, provided it’s sourced from hemp plants carrying the legal 0.3% THC limit. 

You can also travel out of NC with delta-8 products in your possession. Just make sure the U.S. state you’re traveling to permits the use and possession of delta-8 products. Currently, 18 US states have restricted or banned delta-8

Can you travel to North Carolina with marijuana-derived delta-8 THC? 

No. Like its South Carolina neighbor, North Carolina has not legalized recreational or medical marijuana, meaning you cannot travel into the state with marijuana-derived delta-8 THC in your possession. 

Is delta-10 THC legal in North Carolina?

Yes. Like delta-8, delta-10 is legal in North Carolina. For delta-10 to be legal and protected under state and federal law, it must be sourced from Farm Bill compliant hemp plants carrying the legal 0.3% THC limit. 

Is CBD legal in North Carolina?

Yes. Cannabidiol and CBD products are legal to purchase, use, possess, sell, distribute, and produce in North Carolina under state and federal law. For CBD products to be legal in the state, they must be derived solely from hemp plants carrying <0.3% THC (by dry weight). 

Is CBD derived from marijuana legal in North Carolina? 

No. CBD derived from high-THC marijuana is illegal in North Carolina. You cannot purchase marijuana-derived CBD products under North Carolina state law. 

Is there upcoming state legislation that could change delta-8’s legality in North Carolina?

No. There is no upcoming state legislation that could change the legality of delta-8 in North Carolina. As of now, delta-8 remains legal in the state. 

Is the federal government seeking to change delta-8’s legality in the country?

Yes. The federal government and the Drug Enforcement Agency (DEA) seek to verify delta-8’s legality and potentially categorize it as a federally controlled substance. Why? Because the DEA believes all “synthetically derived” tetrahydrocannabinols remain illegal under Schedule I of the Controlled Substances Act. 

Is delta-8 THC synthetically derived? 

Yes and no. It depends on how you define “synthetically derived”. You see, delta-8 is a minor cannabinoid. Hemp plants carry up to 1% delta-8 THC. This percentage isn’t enough to make potent delta-8 products. So, what do producers do about it? They chemically derive delta-8 from CBD via a structural isomerization process under laboratory conditions. 

Related: Delta-8 vs. Delta-9 THC

This isomerization process takes CBD, changes its molecular structure using lab-grade chemicals, and transforms it into delta-8. Many argue this doesn’t fit the definition of “synthetically derived” since CBD and the resulting delta-8 are not man-made and sourced naturally from hemp plants. 

However, others argue delta-8 is a synthetic cannabinoid because it’s produced by chemical or biochemical synthesis under laboratory conditions. If this is the case, delta-8 is a synthetic cannabinoid in the eyes of the DEA and might consider a federally illegal substance. 

The future for delta-8 in North Carolina

Despite delta-8 THC being legal in North Carolina, its future remains uncertain. 

The looming federal pressure to verify its legality across the United States is worrying. 18 states have already preemptively prohibited or banned delta-8 as a result of the DEA’s final rule. Will North Carolina follow suit? Nobody knows right now. No state official has publicly expressed their concern over delta-8 products within the state. 

So, what does the future hold for delta-8 THC in North Carolina? It’s difficult to say. Right now? It’s legal, so we recommend you go out and enjoy it while it’s still legal.