Is Delta 8 Legal In North Carolina?

Shefali Sinha

The use of delta-8 THC is permitted in the state of North Carolina. Cannabinoids, flavonoids, terpenes, salts, and isomers made from hemp do not break federal or state laws. So, you don’t have to worry about breaking the law if you use, buy, sell, give away, or grow delta-8 THC flowers.

Delta-8 can only be from hemp plants with less than 0.3% THC, which is the legal limit (by dry weight). Why? Because the 0.3% limit is what makes the difference between hemp and marijuana, and Delta-9 THC is still a Schedule I Controlled Substance.

Facts About The Legality Of Delta-8 In North Carolina

  • Under North Carolina law, it is legal for a person to buy, sell, possess, use and distribute delta-8 THC
  • State law considers legal delta-8 to be derived from hemp containing less than 0.3 percent of delta-9 THC
  • It is legal to buy delta-8 online and from traditional retail shops
  • Other hemp-derived cannabinoids like CBD and delta-10 THC are legal in North Carolina
  • North Carolina state laws state that cannabis (medical or recreational) is illegal
  • It is legal to travel into North Carolina with delta-8

North Carolina's Delta-8 Legislation

In June of 2022, the state passed a law that will make hemp products legal forever. Also, House Bill 252, passed in July 2022, declares tetrahydrocannabinol found in items with no more than 0.3% THC is not on the state’s list of illegal drugs. This action clearly addresses the elephant in the room- Is Delta 8 legal in North Carolina?


The term “hemp product” refers to any item derived from processing hemp plants, with a dry weight delta-9 THC concentration of below 0.3 percent, and is prepared in a form suitable for commercial sale, including but not limited to personal care items, cosmetics, and food intended for animal or human consumption. It also includes any item containing one or more hemp-derived cannabinoids produced from hemp, like cannabidiol.

Is Medical Marijuana Legal In North Carolina?

The use and distribution of marijuana for medical or recreational purposes is currently illegal in North Carolina. Possession of marijuana in the state can lead to civil or criminal penalties. Possessing marijuana of less than 0.5 oz is a misdemeanor offense attracting a $200 fine.

Possession of 0.5 to 1.5 oz of marijuana can get you 45-day jail time and a $1000 fine. Possession of larger quantities (up to 10 oz) is a felony offense that attracts a $1000 fine and up to 8 months of jail time.

However, a bill seeking reformation of the state’s cannabis laws is currently in the Senate.

Is Medical Marijuana Legal In North Carolina

Purchasing Delta 8 THC In North Carolina

Several people use delta-8 Carts and other hemp products to ease chronic pain and anxiety and to help them sleep better. You can buy Delta-8 THC and other hemp products in North Carolina from licensed CBD stores, smoke shops, and gas stations. This became possible after the government addressed the question- Is delta 8 legal in North Carolina?

There are a few legal CBD shops where you can get delta-8 THC edibles, vape cartridges, and distillates. If you can’t find delta-8 in North Carolina, several places sell it online and will ship it there. You can find all of our suggestions for delta-8 goods here.

Before you buy Delta 8 or any other hemp product, you should always look into the reputation of the company that makes it. If a company cares about the quality of its products, it would have Certificates of Analysis and glowing testimonials from happy customers.

Types Of Delta-8 Legal In North Carolina

All delta-8 THC products are legal in the state if they contain less than 0.3 percent of delta-9 THC. Products from cannabis plants with higher than 0.3% delta-9 THC are illegal in the state.

You can legally travel into North Carolina with delta-8 in your possession under state and federal law, provided that it comes from hemp plants that comply with the 0.3% THC legal limit.

You can also take Delta-8 products outside of North Carolina. Make sure the American state you’re visiting allows the use and ownership of Delta-8 items before you fly there. Currently, 18 US states prohibit or limit the use of delta-8.

Marijuana is illegal in North Carolina. Thus, possessing marijuana-derived delta-8 while traveling to North Carolina is illegal.

Due to the 2018 Farm Bill, the state passed an Act that amended the North Carolina Controlled Substances Act. The new law legalized all hemp products, including delta-10. Like delta-8, delta-10 THC and its products are legal in the state. However, they have to contain a legal amount of delta-9 THC (less than 0.3 %).

Legal Status of CBD In North Carolina

Cannabidiol (CBD) is legal under federal and North Carolina state laws. Thus, it’s legal to possess, use, purchase and sell CBD products in the state. However, the CBD product must have only a legal amount of the psychoactive substance, delta-9 THC.

FAQs Regarding Legality Of Delta 8 North Carolina

There are currently no impending legislations that could affect delta-8’s legal status in the state. Thus, delta-8 and its derived products remain legal in North Carolina.

There are several gray areas concerning the classification of delta-8 federally. However, the DEA considers the substance a Schedule 1 controlled substance. So, while hemp-derived delta-8 remains legal, there’s a chance that federal laws may change in the future.

Delta-8 exists in only a tiny amount in the plant cannabis sativa. Thus, making delta-8 products out of this negligible amount is not economically feasible.

Manufacturers can get Delta-8 directly from the hemp plant. However, most manufacturers derive delta-8 from other, more abundant cannabinoids through isomerization. This process involves changing the chemical structure of a delta-8 isomer like CBD.

Due to the DEA’s concerns and statements about delta-8, 18 states in the US have banned the substance. So far, there has been no state legislation directed at changing its legal status.

However, there is some pressure on the federal level to investigate and classify delta-8 adequately. Meanwhile, Delta-8 remains legal in the state, and people are exploring more delta-8 products now that it is still legal.

Concluding On: Is Delta 8 Legal In North Carolina?

North Carolina is one of the US states where delta-8 and other hemp-derived products are still legal and available for purchase. Traveling in and out of the state with delta-8 THC is also legal.

According to the Farm Bill’s stipulations, these products must contain less than 0.3 percent delta-9 THC. Anything more, and you could risk civil or criminal liability.

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