Is Delta 10 Legal in North Carolina?

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**Disclaimer: The information in this article regarding Delta-10 THC is drawn from comprehensive research. We have made every effort to share the most accurate information available at the time of writing. Remember, the legal status of cannabinoids varies by jurisdiction and can change status over time. The reader is advised to check the legal status of cannabinoids before acting, and we do not accept liability for this information. This content is for educational purposes only.

As the cannabis laws of the United States change, so too does the marketplace, as various cannabinoids are both presented to the consumer and regulated in often-differing ways. Some of these include Delta-10 THC, which has psychoactive properties similar to Delta-9 THC, the main psychoactive substance in marijuana.

In this article, we take a deep dive into the legal status of Delta 10 THC in North Carolina to help consumers, retailers, and policymakers understand what they need to know. So to answer that burning question of whether Delta 10 is legal or not, we’ll have to look at two fundamental pieces of law: the 2018 Farm Bill and North Carolina’s HB 563. So let’s get into it.

Key Takeaways

  • Delta-10 THC is chemically related but less psychoactive than Delta-9 THC.
  • Delta 10 is now classified in many states according to their particular federal and local laws.⁠
  • Delta 10 is legal in North Carolina if its source hemp plant contains less than 0.3 per cent of its precursor: THC.
  • Possession limits for Delta 10 in North Carolina align with the state's hemp regulations.
  • Consumers can legally purchase Delta 10 products online from reputable sources like Botany Farms.

Delta 10 and Federal Law

Delta-10 THC exists in a regulatory grey zone at the federal level. Two important caveats worth noting here follow from the Controlled Substances Act and its subsequent extensions.

The 2018 Farm Bill set the precedent for the legality of hemp and its derivatives by defining hemp as any cannabis plant with a THC concentration of no more than 0.3 per cent on a dry weight basis. As such, it became a vehicle for hemp-derived cannabinoids (such as CBD, Delta 8 and Delta-10 THC) to be domestically produced and sold, so long as other statutory requirements are met and the THC concentration limit is adhered to.

Nevertheless, in key statements, the Drug Enforcement Administration (DEA) asserts that synthetically derived tetrahydrocannabinols remain federally controlled substances. Because Delta-10 THC is commonly produced from CBD or Delta-9 THC via chemical conversion, its legality at the federal level is somewhat controversial.

Also, learn more about which cannabinoid is stronger, Delta 10 or Delta 9?

North Carolina’s Delta 10 Laws

North Carolina’s Delta-10 THC laws read the exact same as the 2018 Farm Bill: all hemp-derived cannabinoids — <0.3 per cent Delta-9 THC — are legal. North Carolina amended its Controlled Substances Act in 2019, so its laws now essentially delist all THC derived from hemp.

However, North Carolina also now prohibits all unnatural forms of THC, a category into which some may place Delta-10. North Carolina's HB 563 aims to regulate hemp-derived consumables. Here are the key points:

  • Hemp-Derived Consumables: The bill covers products containing hemp-derived cannabinoids that have a Delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 per cent on a dry weight basis.
  • Confiscation: The bill authorizes the confiscation of goods sold in violation of the restrictions on hemp-derived food and cosmetics.
  • Legislation Summary: HB 563 has been read multiple times and undergone various revisions in the House and Senate. The last action taken on this bill was its referral to the Rules and Operations of the Senate on September 22, 2023. In short, HB 563 aims to balance the two needs for regulation and access.

Is Delta 10 a Controlled Substance in North Carolina?

Going by the current laws, Delta-10 THC is not a controlled substance in North Carolina if derived from hemp that contains less than 0.3 per cent Delta-9 THC – in line with North Carolina law allowing an industrial hemp industry while meeting federal policy.

Delta 10 Possession Limits in North Carolina

North Carolina does not set specific possession limits for Delta-10 THC beyond other hemp-derived products. Thus, if Delta 10 products stay within hemp limits, there are no definitive limits to possession. Be that as it may, consumers should follow local law and its changing nuances.

Despite some grey areas as to whether or not Delta-10 is considered a synthetic cannabinoid – it is hemp-derived and has less than 0.3 per cent Delta-9 THC content at the moment, making it legal.

This is reflective of the broader trend toward hemp-derived cannabinoids influencing Delta-10 THC legality in North Carolina and, indeed, on both federal and state levels. It is worth noting that federal and state laws are typically a baseline for legality, but the specifics under each often vary. 

As such, it is advisable for consumers and businesses to stay abreast. In sum, Delta 10 exists in a crystal-clear legal grey area in North Carolina, but it can be used by anyone looking for the pleasure of cannabinoids while operating within the law.

Where to Buy Delta 10 Online

If you’re interested in trying Delta 10, you can look for it at Botany Farms which has a good selection of quality products. Botany Farms is known for providing organically grown cannabis products and has a great customer base, going the extra mile to ensure everything they produce is not only top-notch but legal and consumer-safe. Here are some of their products:

  • Delta-10 THC Gummies: A convenient and enjoyable way to consume Delta-10 THC. Our best-selling Delta-10 THC Pineapple Gummies and our Mango Gummies are definitely worth a try.
  • Delta-10 THC Vape Cartridges: The best way to enjoy cannabis is to consume it quickly, and this cartridge fits perfectly so you can always be prepared. Find your favorite strain or flavor: the best-selling Delta 10 Pineapple Haze Vape Cartridge is herb soda in convenience form.
  • Delta-10 THC Flower: If you’re looking for the best of both worlds, look no further than Delta 10-infused hemp flower. A classic experience with the legal safety that hemp provides.

So the takeaway is to trust reputable online sellers like Botany Farms who are able to provide top-tier Delta 10 products in order to remain compliant to laws, while still cultivating a premier cannabis experience for residents of North Carolina and beyond.


  • https://www.congress.gov/bill/115th-congress/house-bill/2
  • https://www.ncleg.gov/BillLookUp/2023/H563

This article was last updated in April 2024, and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis bill across the state and federal levels in the US, the information herein may become outdated at any time. Additionally, to avoid doubt, this article is NOT intended to be legal advice. Botany Farms does NOT provide any legal advice; neither is any individual or entity associated with Botany Farms. Please consult official state government websites for current information regarding cannabis laws in your state.

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