Learn about Delta 8 Legality in North Carolina and beyond.
With North Carolina being one of 12 U.S states that doesn’t have legal marijuana, its acceptance of delta-8 THC is often questioned. In 2018, the Federal Farm Bill was passed, making all hemp-derived products below 0.3 percent delta-9 THC by volume legal.
The raw hemp plant contains over 100 different cannabinoids, the most prominent being CBD (cannabidiol). Other minor cannabinoids include CBG, CBN, delta-8 THC and others. Because delta-8 is a hemp-derived compound, it theoretically is protected under the 2018 Farm Bill. However, some states have already started cracking down on delta-8 products.
Is Delta 8 Legal in North Carolina? Yes!…But All Hemp Products May Become Illegal on July 1, 2022.
Delta-8 THC is currently illegal in 13 states. Alaska, Colorado, Delaware, Idaho, Iowa, Montana, Nevada, North Dakota, Rhode Island, Vermont, Utah and Washington. Ironically, many of these states have full legal recreational cannabis. Luckily, delta 8 THC is legal in North Carolina as of April 2022. However, the North Carolina congress must enact new legislation before June 30th, 2022 to Keep Hemp Legal in North Carolina, if not, hemp effectively becomes illegal on July 1st, 2022.
Rod Kight, Hemp Attorney and Legal Advocate recently posted an article that questions whether North Carolina’s Hemp Industry is Coming to an Abrupt End? In which he notes “As things stand, the hemp and CBD industry as we know it in North Carolina may be about to end. This is due to a combination of factors, which include…the removal of the hemp exemption from the state’s definition of “marijuana” …the expiration of all current hemp laws and regulations in the state as of June 30, 2022, and the NC General Assembly’s (NCGA) failure to enact updated legislation to protect the state’s hemp industry.
We strongly recommend that all NC hemp users, advocates, and industry participants contact their NC state representatives in both the NC Senate and NC House and demand immediate action to address this problem. While you’re at it, you may want to voice your objections to SB711, which will do much more harm than good for North Carolinians. (Note- You can locate your representatives and their contact information by clicking on the prior two hyperlinks.)
What about CBD, Delta-10 THC, THC-O, HHC? What about Delta-9 THC?
Just like Delta 8 legality; all other hemp-derived cannabinoids are CURRENTLY legal in North Carolina as of April 2022. However, the North Carolina congress must enact new legislation before June 30th, 2022 to Keep Hemp Legal in North Carolina, if not, hemp effectively becomes illegal on July 1st, 2022.
Where Can I Buy Delta 8 Legally in North Carolina?
Because the hemp industry is still largely unregulated in North Carolina, delta-8 can be purchased in dispensaries, vape shops, smoke shops and even health and wellness stores. While delta-8 is widely accessible to North Carolianians, many retailers lack knowledge and understanding of certain products.
In certain cannabis-legal states, there are tight regulations for lab testing, packaging and quality control. Cannabis-legal states also have age restrictions for their products. But, many of those regulations don’t exist for North Carolina hemp products.
It’s generally understood that THC products have age restrictions of 18 or 21 years old. But, many parents give their children CBD products for various health issues. As long as products contain less than 0.3 percent delta-9 THC, they’re fully legal. It often falls to individual companies and brands to set their own standard for their products, which makes things tricky for consumers.
Because of the loose regulations surrounding delta-8 products, it’s crucial to source your products from a reputable brand or retailer.
Buying Delta 8 Legally in North Carolina: What to Look Out For
If you’re interested in trying delta-8, there are some things to look out for.
Do your research. Not every delta-8 product is the same. Depending on your issues and personal preference, some products may be more effective than others. Certain delivery methods may be better than others. Delta-8 can be taken in the form of vapes, tincture, edibles and topicals.
If possible, avoid buying delta-8 products from vape shops and other health stores. Product quality may be questionable and retailers may lack knowledge. Hemp dispensaries like Modern Apotheca in Raleigh for example, specialize in delta-8 and other hemp-derived products. Their hemp tenders can answer any questions you have about certain products and help you find the best product for you.
When deciding on a brand, look for packaging with full transparency of ingredients, possible allergens and website URLs. Some brands, like 3Chi for example, even include QR codes that direct users directly to lab reports. Be aware that the nicer the brand, the higher the price. But, delta-8 is definitely something you don’t want to cheap out on.
Will Delta-8 Make Me Fail a Drug Test?
It’s uncertain whether or not delta-8 can make you fail a drug test. Even though drug testing primarily looks for delta-9 THC, delta-8 THC is very similar in chemical structure, making a false positive test possible. But, there are many other factors to how certain compounds appear on drug screens. Metabolism and frequency of use can all affect the outcome of a drug test.
If you get drug tested for any reason, please let your hemp tender or cannabis retailer know. And if possible, let your employer know what products you’re taking for full transparency.
Can I Travel with Delta 8 Legally?
If you plan to take your delta-8 products outside North Carolina, it’s important to know the state laws of wherever you’re traveling. Luckily, South Carolina, Virginia and other surrounding states also have legal delta-8 products, so traveling should be easy.
If you plan to fly with any delta-8 products, please look at TSA’s guidelines and research the cannabis laws of wherever you’re traveling to. Keep in mind that TSA may still search your belongings if they suspect you of having any illegal substances, so please plan accordingly.
Can I Have Delta 8 Legally Shipped to Me?
There are many rural parts of North Carolina without access to safe, accessible hemp products. There are no laws prohibiting shipping of delta-8 products, but many companies do avoid shipping for various reasons.
As always, do your research to find a reputable brand that offers shipping. Keep in mind that certain products such as flower or vapes may not be available for shipping due to higher risk of seizure by shipping carriers.
If you want to try delta 8 legally, consider Modern Apotheca. We deliver in and around the Raleigh area.