Many of our North Carolina customers who suffer from chronic pain, nausea, and inflammatory conditions find cannabidiol (CBD) too weak. They always come to us with the same question “Is there anything stronger?” If you’re in the same boat and find CBD too mild but Delta-9 too intoxicating, Delta-8 is your answer.
This raises the question — is this ‘newish’ cannabinoid legal in North Carolina? Can you order Delta-8 products online? Do you have to be 21 years old to order a Delta-8 vape cart? Let’s look at the legal implications of buying and using this cannabinoid.
Is It Legal: North Carolina Delta-8 Laws
The short and simple answer is YES, Delta-8 is legal in North Carolina.
What Is Delta-8?
For those of you who are not familiar with it, D8 THC is a rare cannabinoid found in Cannabis sativa plants. This cannabinoid is present in both hemp and marijuana, and most Delta-8 sold by CBD companies is made from the hemp plant. Molecularly, this cannabinoid is similar to Delta-9 THC and does possess intoxicating properties.
According to research, Delta-8 is 50 to 70 percent less intoxicating than Delta-9. In simple words, this cannabinoid gives you a mellow, relaxed high without leaving you super anxious and panicky after its effects wear out. This year, it’s on its way to becoming the most popular compound in the hemp industry, so you deserve to know if you’re cleared on using it.
Where to buy Delta-8 in North Carolina
Products containing Delta-8 THC are found everywhere in North Carolina, including gas stations and convenience stores. Here’s a concern: You can’t know for sure what’s inside these products and the levels of D8 they contain. So, a wise thing to do is to stay away from buying a cannabinoid product from these places. Instead, head to a dispensary or a CBD shop that specializes in cannabinoid products.
One of the most convenient options is to order Delta-8 online because of accessible information. Online, it’s easy to check the origin, labs, and reviews of the company selling the product. If you’re looking for good, safe Delta-8 products, we offer a range of ‘em. Our products are tested by a third-party lab and come with a batch number that allows you to look at the test results on our website. Check out some of our top sellers:
Continued, Delta-8 THC and Federal Law
The legal status of this compound under federal law is unclear as a result of a conflict with a regulation of the Drug Enforcement Agency (DEA). The federal 2018 Farm Bill legalized all hemp-derived cannabinoids, including hemp-derived Delta-8 THC. Meaning, this cannabinoid falls within the definition of hemp, which is no longer a controlled substance under federal law. Hemp and hemp-derived cannabinoids can be legally produced and sold in all 50 states.
What’s the big issue?
In fall 2020, the DEA released an “Interim Final Rule,” stating that “synthetically derived tetrahydrocannabinols remain Schedule I controlled substances.” Put an emphasis on ‘synthetically derived.’ Here are the two things that create ambiguity.
First, this cannabinoid is included in the DEA’s list of controlled substances, hand in hand with Delta-9. When passing the Farm Bill, legislators thought of hemp products as wholesome and non-intoxicating.
The second and more significant part of the argument is that Delta-8 is legal if derived from hemp. However, the hemp plant doesn’t naturally produce the compound in enough volume to extract and use.
Nearly all Delta-8 products are made by extracting, isolating, and converting hemp CBD — which means this cannabinoid is synthetically derived. When manufactured from hemp CBD, this component is a controlled substance under federal law. Also, the intent behind these products — potentially serving to get high instead of using it as a remedy — creates a complicated legal field.
For now, Delta-8 products don’t seem to be prohibited by the Food and Drug Administration (FDA) but must receive pre-market approval.
Is Delta-8 Legal in North Carolina?
According to North Carolina state laws, Delta-8 is a legal derivative, cannabinoid, and isomer of the hemp plant. This state hasn’t banned the use of this cannabinoid and legalizes all tetrahydrocannabinols present in hemp products or hemp extracts. This means that this compound is not considered a “controlled substance” in North Carolina if derived from legal hemp matter.
According to a FAQ page by the North Carolina Department of Agriculture & Consumer Services, the threshold factor on the legality of Delta-8 products in the state is whether the component is derived from hemp or marijuana.
If derived from hemp, the product is legal under state and federal law.
Furthermore, they address the question of the legality of D8 derived from hemp, stating that the DEA considers synthetically derived THC a controlled substance. “Since Delta-8 THC appears at negligible and non-detectable concentrations in hemp, Delta-8 THC is normally derived from chemical conversion from CBD into Delta-8 THC,” which under DEA’s Interim Final Rule, is illegal.
If you’re interested in buying products that contain this rare cannabinoid, you should know that they’re legal in North Carolina. Before buying, check the product’s origin, the manufacturer, and avoid buying it from random shops.
Technically, Delta-8 is legal to buy in this state. Unlike other states, North Carolina doesn’t prohibit the sale of products containing this cannabinoid.
If derived from the hemp plant, this component is legal to sell.
Yes, you can order products containing this cannabinoid online legally. Please make sure to check reviews of the product and manufacturers before buying.
Eleven states had expressly banned products containing this compound, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah.
Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.