Is Delta 8 THC Legal In NC (North Carolina) 2024

Is Delta 8 THC Legal In NC

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What is Delta-8 THC?

Delta-8 THC is a rare cannabinoid found in the Cannabis sativa plant, known as D8 THC. Delta-8 extracted from hemp is what most CBD companies sell since it is the major cannabinoid in this compound.

Compared to Delta-9 THC, which is considered an intoxicant, this cannabinoid is molecularly the same and does indeed have intoxicating properties.


Delta-8 is between 50% and 70% less addictive than Delta-9. At its simplest, it makes you mellow, but without the side effects of being overly anxious or panicky when the high wears off.

It’s almost sure to be the most commonly used substance in the hemp industry this year, so it’s imperative that you know if you will use it.

Excited? Let’s dive in…

Is Delta-8 THC Legal in North Carolina?

The Delta 8 THC has similarities to Delta 9 THC. Delta 9 has become popular for producing an intoxicating high, and many strains have plenty of Delta 9.

Delta-8 has approximately half the potency of D9. While both hemp and cannabis plants do contain trace amounts of D8, only trace amounts are present. Special equipment is required for companies hoping to extract the compound.

Most people know that Delta 9 THC, the most common form of the substance, is still unlawful. However, with Delta 8, things are not as clear-cut. When it comes to federal rules, things are, in fact, very similar.

Did you know?

Medical marijuana is legal in some states, and its use for recreational purposes is rapidly gaining acceptance. However, certain states that don’t have particular Delta 8 laws.

Because of this, we have created a guide explaining whether Delta-8 THC is legal in all 50 states. Today is North Carolina’s turn.

Delta 8 North Carolina: State Law vs. Federal Law

It has only recently been discovered that most states don’t consider whether their marijuana laws allow Delta-8 THC. Only trace amounts of it are available in hemp and marijuana plants.


However, D8 has recently risen to prominence. There have been several states forced to execute new laws because it is highly inebriating. The same thing is occurring at the federal level.

Federal Law on Delta-8 THC:

When it comes to the legal status of Delta-9 THC, there is no room for interpretation. The FDA made it clear to consumers that cannabidiol is illegal at the federal level. It’s a grey area where Delta-8 is concerned at the moment.

In general, Delta 8 is legally acceptable, but there are some restrictions. For example, Delta-8, which is the result of marijuana being decarboxylated, remains an issue because the resulting compound is still illegal.

Yes, you heard that right!

Yet, legally, you can remove D9 from industrial hemp at a rate of 0.3% or less! With no more than 0.3 percent THC, Hemp has been legalized due to the 2018 Farm Bill. In this case, ‘THC’ is Delta 9 specifically.

While you can’t gather the cannabis from hemp-derived CBD, you’re free to use it in your creations. The DEA bans the substance because of the way it is manufactured. This, unfortunately, is exactly what manufacturers do to get the Delta 8.

Hemp was removed from the definition of marijuana in the Controlled Substances Act with the passage of the Farm Bill. This action also removed the requirement for “tetrahydrocannabinol” in hemp” to be mentioned in the CSA’s definition of THC.


Hemp-derived Delta-8 may legally be extracted according to the rules of the 2018 Farm Bill. This unfavorable situation for D8 sellers and fanatics is not likely to persist.

Given how rapidly Delta-9-tetrahydrocannabinol (THC) is progressing towards becoming regulated as an intoxicant, it’s almost inevitable that Deltas will be classified as intoxicants soon.

Many D8-selling vendors will likely drop out of the business due to the stringent conditions placed on the addictive stimulant market if and when this occurs. The number of states that have taken action and started closing loopholes is growing.

State Law on Delta-8 THC:

The D8 market is getting increasingly cut off, thanks to the net. According to industry experts, state governments are moving quickly to meet the growing demand for intellectual property by implementing the following:

  • Considering the option of banning the use of Delta 8 products
  • Alcohol content restrictions on D8 items have been introduced.
  • Limiting the distribution of the market as many as possible.

The following 15 states have banned or heavily restricted the sale of D8:

  1. Alaska
  2. Arizona
  3. Arkansas
  4. Colorado
  5. Delaware
  6. Kentucky
  7. Idaho
  8. Iowa
  9. Mississippi
  10. Montana
  11. New York is beautiful
  12. It’s Rhode Island, stupid
  13. Utah
  14. Vermont
  15. Washington

Wait there is more!

New York was added to this list less than a decade ago. See the states that are looking to clarify and ban their current regulations below:

  1. Alabama
  2. Illinois
  3. Michigan
  4. Bismarck
  5. Oklahoma
  6. Oregon

Delta 8 can be a significant problem in many states since it is not classified in the same manner as Delta 9. This indicates that it does not follow the same safety guidelines or regulations.

North Carolina does not appear on either of these lists. As of now, no laws regarding D8 regulations or prohibitions have been passed by the state. Currently, the state of North Carolina allows the use of D8, but that isn’t set in stone.

Rules About Delta 8 in NC

Currently, it is believed that Delta 8 can be legally extracted from hemp. However, on August 21, 2020, the DEA decided to throw a wrench into the works.

To begin implementing the 2018 Farm Bill, the agency issued an Interim Final Rule (IFR) with the title “Implementation of the Agriculture Improvement Act of 2018. The DEA will classify D8 THC from chemical synthesis or any other synthetic process as illegal under the new rule.

That’s true…

The rule took effect right away! As soon as D8 sellers realized that the cannabinoid was made illegal federally, they panicked, as it would mean the downfall of numerous companies.

Despite the IFR saying that CBD cannot be extracted from hemp, the IFR was not banning CBD from hemp. While Delta-8 THC was not made illegal, it did not result in Delta-8 THC being decriminalized. It altered the concepts of certain terms rather than creating new ones.

Rules in NC Impact on Delta 8 in North Carolina

Rules in NC Impact on Delta 8 in North Carolina

Because North Carolina doesn’t have any protocols that prohibit D8, the IFR is pertinent to the state. However, “Naturally occurring” (i.e., not synthetic) THC levels in hemp are “not controlled substances” as long as they are below 0.3% of Delta-9 THC.

If the D9 percentage of a cannabinoid product is greater than 0.3 percent, it is a controlled substance. Irrespective of their D9 content, all synthetic THCs are controlled substances. This D8 is derived from hemp and so is considered “synthetic” as a result.

Wait! There is a lot more…

WIPHE includes more than 0.3% THC and therefore is illegal. It is of no relevance that it is not intended for human consumption.

You must consult Senate Bill 352, 2nd Edition, for more details on the North Carolina Controlled Substances Act. It notes that all cannabidiols, cannabidiol derivatives, and cannabigerol metabolites of hemp are permitted.

All tetrahydrocannabinol, other than Delta-9 THC, are included in this list. D8 retailers will profit from this because they sell to customers and are thus on their side.

D8 producers and sellers of D8 products must obtain a permit to manufacture and sell Cannabis as a controlled substance.

There is so much more!

For the time being, sellers and customers are unable to keep track of each other. Additionally, the market is poorly regulated, meaning you can never be sure who you’re buying from.

How to Use Delta 8 Legally & Safely in North Carolina

How to Use Delta 8 Legally & Safely in North Carolina

The most important aspect is ensuring that the Delta-8 THC you buy in North Carolina is obtained from industrial hemp. A third-party lab report must be obtained when purchasing the product.

Additionally, this COA confirms that the D8 and D9 content is safe, and it has shown whether the product is free from contaminants, such as pesticides, chemicals, and so on.

By now you should know…

Likewise, you should avoid buying Delta 8 from any vendor as long as they can show that they legally cultivate industrial hemp and that it contains no more than 0.3% THC. Use a GMP-compliant manufacturing facility.

To stay in compliance with NC state rules surrounding ingredients, production, advertising, and labeling, sell the product that complies with these regulations.

Limiting the D8 food concentration to low-serving sizes is necessary. At this point, further research is being done, but we have no answer yet on what is the “safe” level of Delta 8.

They advertise their products honestly.

You should avoid any brands that claim that the product will help treat, cure, or diagnose any disease. Only customers 21 years of age and older should be sold to.

As if that’s not enough…

If a brand does not follow these guidelines, you should be suspicious of other things that are being hidden.

It is best to avoid all-Delta 8 convenience store and gas station products you see in North Carolina. These highly-rated brands, such as Premium Jane, have an increased likelihood of selling their products on the web.

Conclusion: Is Delta 8 THC Legal In NC?

Is Delta 8 THC Legal In NC?

Increased demand for Delta-8 THC could lead to the legalization of marijuana. The reason it’s not as strong as D9 is because it gets people intoxicated. Dozens of states have scrambled to outlaw it because of this.

This state is not one of the states listed as “North Carolina is NOT.” At least for now, Delta-8 THC is legal in North Carolina. But, the only hemp obtained from industrial processing facilities that are not used for any other purpose must contain no more than 0.3% total cannabinoid content.


In the federal government, Delta 8-THC is allowed as long as Delta 9 is negligible. Unfortunately, this scenario is unlikely to last much longer for Delta 8 brands. A clamor has arisen for the DEA to tighten its grip on the distribution of cannabinoids.

These calls will be answered in the long run, which will be the industry’s worst nightmare.

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