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Is Delta 9 Legal in North Carolina? (Updated for 2024)

Aerial view of the Morehead-Patterson Bell Tower in North Carolina surrounded by other buildings, captured during daylight

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

North Carolina, from the Appalachian Mountains to the Outer Banks, the “Tar Heel State” has a lot to offer hikers, beachcombers, history lovers, musicians, foodies, and students that come to visit.

Historically, North Carolina isn’t a particularly cannabis-friendly state, but let’s take a closer look at the legal status of the green goddess, and particularly Delta 9, in the land of Lexington barbeque and Gilded Age architecture.

Key Takeaways

  • Hemp-derived Delta-9 THC containing less than 0.3% THC is legal in North Carolina.
  • The medical and recreational use of marijuana is illegal in North Carolina.
  • Non-hemp-derived Delta-9 THC is considered a Schedule Vl substance in North Carolina.
  • You can buy hemp-derived Delta 9 products online and in stores in North Carolina.

As of now, any delta-9 THC from marijuana is illegal in North Carolina law. It is a scheduled substance, classified as Schedule VI in the North Carolina Controlled Substance Act.

More alarming, it is considered a Schedule I narcotic substance at a federal level. With a prescription from a doctor or a letter from a doctor praising the patient’s health, people registered with the North Carolina Department of Health and Human Services can lawfully get 0.9 per cent of Delta-9 THC for epilepsy treatment.

By contrast, North Carolina hemp-derived delta-9 THC – sourced from hemp containing no more than 0.3 per cent delta-9 THC on a dry weight basis – is legal under the 2018 Farm Bill, as that federal law permits the sale and possession of hemp and hemp-derived products, including hemp-derived delta-9 THC, with a maximum calculated THC content of 0.3 per cent delta-9 THC.

In fact, after the federal law was enacted, the North Carolina legislature enacted SB 352, which legalises hemp and hemp-derived products in North Carolina, including the purchase of hemp-derived delta-9 THC products by residents of North Carolina, with sales permitted to North Carolina residents so long as those products contain no more than 0.3 per cent of the psychoactive delta-9 THC.

Numerous such products are similarly available for purchase from various vendors, including online stores that ship to the state.

Delta 9 and the Federal Law

The federal law on hemp and its derivatives, like Delta 9, is the 2018 Farm Bill.

This law made all hemp-derived products containing less than 0.3% THC federally legal. While some states have implemented additional laws on certain cannabinoids, like Delta 8, the Farm Bill is set in stone and has changed the hemp landscape in most states.

North Carolina’s Delta 9 Laws

North Carolina's hemp laws are subsumed within HB 992. This law created the Industrial Hemp Commission to establish the regulations and licensing system required to comply with federal law.

In June 2022, North Carolina enacted SB 455, removing hemp from the state’s Controlled Substance Act. SB 455 aligned North Carolina hemp laws with the 2018 Farm Bill, which federally legalized hemp in the United States.

North Carolina has pretty tough cannabis laws. In fact, it's just recently that the North Carolina Senate passed SB 3, a bill legalizing medical marijuana, although it remains to be seen whether the House will accept it.

Delta-9 THC is strictly prohibited, or is it? It’s a little tricky, but hemp-derived Delta-9 THC containing less than 0.3% THC on a dry weight basis is totally legal in North Carolina.

These sections of SB 352 outline the legality of Delta-9 THC in North Carolina. You can read the full Bill here

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.

Is Delta 9 a Controlled Substance in North Carolina?

Hemp products have been legal in North Carolina since 2015, when the state's General Assembly passed the hemp pilot program bill. Hemp parts and products that do not contain more than 0.3% THC on a dry-weight basis are legal in North Carolina. Hence, residents can purchase hemp-derived tinctures, edibles, and topicals containing no more than the stipulated THC limit.

Delta 9 Possession Limits in North Carolina

From the above, it follows that hemp-derived Delta 9 has no possession limits in North Carolina.

Delta 9 THC is legal in North Carolina as long as it’s hemp-derived and contains less than 0.3% THC on a dry weight basis. People can enjoy Delta 9 products from brands that use hemp, and they’re readily available online and in some stores.

Where to Buy Delta 9 Online

Whether you’re a born-and-bred North Carolinian or a visitor hopping through the Great Smoky Mountains, North Carolina is a great place to enjoy the magic that Delta 9 offers. At Botany Farms, we’re passionate about creating quality cannabis products that can be enjoyed mostly everywhere, thanks to the 2018 Farm Bill.

North Carolina is one of the main producers of blueberries in the country, and you’ll be paying tribute when checking out Delta 9 THC Blue Raspberry Gummies. It’s hard to live up to the barbecue that the Land of the Sky has to offer, but we sure as heck can follow it with a dessert that comes with euphoric effects by getting you some of our Delta 9 THC Strawberry Gummies.

Lastly, for indecisive cannabis lovers, the Delta 9 THC Mixed Flavors Gummies will satisfy any fruity craving. All of our Delta 9 gummies are hemp-derived and contain less than 0.3% THC, so you don’t need to worry about getting into trouble as long as you obey the rules. Each gummy has 10mg of Delta-9 THC and another 14mg of CBD to provide balanced effects and the ultimate bliss.

Sources used for this article:

https://www.ncleg.net/enactedlegislation/statutes/html/byarticle/chapter_90/article_5.html
https://www.ncagr.gov/hemp/NCIndustrialHempPilotProgram.htm
https://www.ncleg.gov/BillLookUp/2023/s3
https://www.ncleg.net/enactedlegislation/statutes/html/byarticle/chapter_90/article_5.html
https://www.ncleg.net/sessions/2015/bills/house/html/h992v6.html
https://www.congress.gov/bill/115th-congress/house-bill/2

This article was last updated in March 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, and for the avoidance of doubt, this article is NOT intended to be legal advice and Botany Farms as provided or intended to provide any legal advice, nor is any individual or entity associated with Botany Farms providing legal advice. Please consult official state government websites for current information regarding cannabis laws for your state.

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