Which cannabis-related products are legal in North Carolina? Here’s what to know

Marijuana currently remains illegal throughout North Carolina — though medical marijuana will soon be available on Cherokee land, in western North Carolina, and legislation being considered by the North Carolina General Assembly this session has the potential to legalize the substance for medical purposes elsewhere in the state.

Still, despite the current restrictions on marijuana in North Carolina, you may have noticed other cannabis-adjacent and cannabis-derived products on the market in the state, either in-person at stores or online.

While some products, such as CBD, are non-intoxicating, others, such as delta-8 THC, are able to produce effects similar to the “high” of marijuana.

So, what does North Carolina and federal law say about various cannabis-related products? Are they legal in the state? What penalties do you face for using or possessing illegal products?

The News & Observer has compiled information about several of these products to answer those questions and more.

Here’s what to know about cannabis-related products and their legal statuses in North Carolina.

Is marijuana legal in North Carolina?

Marijuana, also called weed, pot or a variety of other terms, is derived from the cannabis plant and contains delta-9 THC, a psychoactive, or mind-altering, component that can give intoxicating effects — commonly referred to as a “high.”

Marijuana is a schedule VI controlled substance in North Carolina and it is illegal to consume, possess, grow or sell it.

Consequences and legal punishments for possessing marijuana in North Carolina vary on the amount possessed and whether there was intent to distribute the substance. Selling or delivering any amount of marijuana in the state is considered a felony, as is cultivating the substance.

Medical marijuana will soon be available for legal purchase on Cherokee land, in western North Carolina, following a vote nearly two years ago by the Eastern Band of the Cherokee Indians’ Tribal Council to legalize controlled use of marijuana and to grow and sell it there.

The North Carolina General Assembly is also considering legislation this session that would legalize marijuana for select medical purposes. Senate Bill 3, the “Compassionate Care Act,” would allow medical marijuana use statewide for people who have cancer, ALS, Parkinson’s disease, epilepsy, post-traumatic stress disorder and other ailments, The News & Observer previously reported. Those do not include chronic pain, and the drug would not be allowed for recreational use.

Is hemp legal in North Carolina?

Hemp, which is also derived from the cannabis plant, became legal nationwide as a result of the 2018 federal Farm Bill, which “authorized the production of hemp and removed hemp and hemp seeds from the Drug Enforcement Administration’s (DEA) schedule of Controlled Substances,” online information from the U.S. Department of Agriculture says.

North Carolina lawmakers also legalized the production and sale of hemp last year.

Hemp is generally not cultivated for its psychoactive effects because it contains less delta-9 THC than marijuana, thus not providing a traditional “high.” Instead, hemp is often used in textiles, and it is also used to extract CBD for use in oils, tinctures, creams, according to Leafly, a popular website for buying and learning about cannabis.

Is delta-8 THC legal in North Carolina?

THC, or tetrahydrocannabinol, is the main component of marijuana and other cannabis products that can provide a psychoactive, or high, effect. Delta-9 THC is found in marijuana, but other THC variations, such as delta-8 THC are becoming more popular.

Delta-8 is generally considered less potent than delta-9 THC, but it can still produce effects and feelings similar to a traditional high.

Legality surrounding delta-8 in North Carolina is somewhat murky and unclear, The N&O previously reported.

North Carolina law classifies THC as a schedule VI controlled substance, like marijuana, though the law states “tetrahydrocannabinols found in a product with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis” are legal.

In a UNC School of Government blog post last fall, attorney and professor Phil Dixon wrote that the law’s language “suggests that all hemp-derived THC products other than delta-9 THC are legal so long as they are made from legal hemp and contain no more than 0.3% delta-9 THC. These other cannabinoids derived from hemp — including intoxicating ones like delta-8 THC, delta-10 THC, THCO, THCV, and others — are therefore legal.”

Is CBD legal in North Carolina?

CBD, or cannabidiol, is a type of cannabinoid, which are compounds from cannabis plants that “interact with receptors involved in a variety of functions like appetite, anxiety, depression and pain sensation,” according to information from Michigan State University.

CBD can be derived from hemp and non-hemp plants. CBD derived from hemp is generally considered legal as long as it adheres to specifications of legal hemp in the 2018 Farm Bill. North Carolina lawmakers also passed legislation last year to legalize CBD and hemp.