Is CBD Legal In North Carolina? (2022)

CBD legal in north carolina

North Carolina - CBD Oil and Marijuana Laws

In the United States, various states have different laws related to the possession, consumption, and business of CBD. 

Many people are still confused about the legal status of CBD in North Carolina.

CBD is legal in North Carolina however there are certain limitations, rules, and regulations to that under state law. 

For example, if the THC content in the CBD is less than 0.3 percent, then it is legal under the North Carolina CBD laws.

THC means tetrahydrocannabinol which is the major factor responsible for psychoactive effects. 

So, if the amount of THC is low i.e., less than 0.3 percent then it can be purchased and consumed legally. 

Various forms of CBD products can be found including CBD oil, CBD creams, and CBD gummies. 

North Carolina has its specific state laws as well as it interprets some laws by the federal government in favor of legalizing CBD. 

In order to know more about the legality of CBD in North Carolina and why is CBD legal it is important to know about the related regulations.

What is CBD?

CBD stands for cannabidiol which is derived from cannabis.

It is a non-psychoactive product of cannabis that also has many benefits for the human body. 

For example, CBD is anti-inflammatory, anti-seizure, and antioxidant.

Along with this, CBD use also helps in pain and anxiety relief. 

The outer space of the cannabis plant with THC is shared with CBD.

CBD does not make an individual get “high” as long as it is hemp-based.

This means if CBD comes from the hemp plant, then it does not have psychoactive effects because the level of THC is less than 0.3%. 

As per the federal guidelines or standards, all CBD products must be hemp-based.

If these are coming from the hemp plant, then the CBD is legal.  

The reason or logic behind this federal law is that the CBD is not having any high potential damage to an individual. But if these standards are not met then it will be illegal.

Legal background to CBD

The Farm Bill

One of the most important legal documents related to CBD in North Carolina is the “Agriculture Improvement Act of 2018″. 

It is commonly known as Farm Bill. This is the federal law that de-scheduled some of the cannabis products and plants that were included in the previous federal laws such as the Controlled Substances Act. 

The Farm Bill for the first time made hemp cultivation legal which was previously declared as an illegal controlled substance. 

The Farm Law clearly removed hemp from this list and allowed its cultivation. This Bill defines hemp as having less than 0.3 percent THC.

So, the CBD products that comply with the Farm Bill can be purchased legally in North Carolina whether online or in person. 

Finally, as the Farm Bill is a federal law it has bestowed states with the authority to decide whether they allow or disallow the cultivation and sale of hemp and CBD. 

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Additional Legislation Impacting CBD

Industrial hemp plants do not produce high THC due to which intoxication is not caused. Still, it was declared illegal in 1970 under the Federal Controlled Substance Act. 

All cannabis-related products were declared illegal. It was in 2014 when the Industrial Hemp Pilot Program was authorized.

This program legally allowed the production and cultivation of hemp. 

In 2015, a new bill called Senate Bill 313 was passed which asked the Industrial Hemp Commission to establish a licensing structure that makes the production and cultivation of hemp comply with the federal rules.

The following year in 2016, House Bill 992 was passed which permitted a research program on hemp. 

These steps continued towards the development of federal laws related to hemp when in 2019 Senate Bill 315 was passed by the General Assembly. 

It added more clarifications related to the distribution, possession, and production of CBD.

On the state level, the Epilepsy Alternative Treatment Act was passed in 2014.

in North Carolina, hemp extraction or the use of hemp extracts is also legal that contains less than 0.9% THC level and 5% of CBD

So, is CBD Oil Legal In North Carolina?

In 2018 the US Farm Bill legalized industrial hemp production.

As per the North Carolina law, patients of epilepsy after registering themselves with the state can possess hemp having THC less than 0.9% 

The North Carolina CBD laws also do not set any possession limits to these registered patients. 

Moreover, in North Carolina, hemp extraction or the use of hemp extracts is also legal that contains less than 0.9 percent THC level and 5 percent of CBD. 

It should also be noted here that it can be availed legally by an individual who is registered with the state either as a caregiver of a patient having intractable epilepsy or the patient himself. 

This means either the registered patent having epilepsy can purchase it legally or his/her registered caregiver. 

On the other hand, if a patient is not registered with the state as either of these two options, then he or she cannot purchase it legally.

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Marijuana use is not legal in North Carolina

Marijuana use is not legal in North Carolina. Although many state residents in North Carolina want the legalization of medical marijuana for medical use and recreational purposes. 

However, since 2021 it is illegal. There are some cities where the enforcement is not very strict.

For example, in Asheville there has been smoking tolerance to some extent for cannabis. 

Despite the North Carolina residents’ desire to legalize marijuana, it is still illegal. For the first time when an individual is found with a small amount of marijuana, he or she will not be jailed.

So, the first-time offenders are given relaxation under law however if an individual carries more than 0.5 ounces of marijuana he or she is punishable under law and is fined 200 dollars. 

It is because marijuana can have many health issues when consumed in high amounts. 

Furthermore, in the state of North Carolina CBD is completely distinguished from marijuana and this is the reason that CBD is legal, but marijuana is not. 

On the other hand, various states that are more conservative consider CBD the same as marijuana, and therefore they have adopted the strictest laws and declared marijuana as well as CBD illegal. 

But the difference between the two is proven scientifically. For instance, the major difference is that CBD is not psychoactive while marijuana is. 

Keeping this in mind, if the CBD is derived from the marijuana plant, then North Carolina supports the legalization of CBD. 

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CBD Spectrum

Furthermore, it is also an important thing to pay attention to the spectrum of the CBD being used.

There are three options in this regard. The first is a full-spectrum CBD which is considered the best one.

It is extracted from hemp along with all terpenes and cannabinoids. 

The THC content is also not disturbed as produced by the plant. It is believed that full-spectrum CBD has a more pleasant experience. 

The second option is a broad spectrum where the product contains terpenes and CBD however, it goes through certain processes for stripping off THC content. 

The third option is an isolated CBD where the product goes through intense processes to remove every ingredient except CBD. 

It has a different effect as compared to the full spectrum and broad-spectrum because other ingredients are completely removed from the final product.  

In North Carolina CBD hemp oil can be bought from CBD shops, health food stores, as well as online platforms. 

In fact, online shopping of CBD is one of the safest ways to purchase the best CBD oil products.

These online retailers allow the consumers to do research on the CBD product they offer and read public reviews before purchasing it. 

Additionally, they provide consumers access to the third-party lab results to take them into confidence that their products are genuine and have no artificial flavors or fillers. 

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Labels must be checked before buying CBD products

Moreover, while hemp is considered a legal agricultural commodity in North Carolina, it is still extremely important to check the labels on CBD products. 

Under the Farm Bill, the authority to regulate the licensing and labelling of CBD products lies with the U.S. Food and Drug Administration (FDA). 

Therefore, CBD is legal in North Carolina however one must be very careful to look for the labels on these products otherwise can go afoul of the FDA.

One should look for these labels as they should not be fake. The labels have an important description about the product which must be accurate and the individual buying it must read that. 

There should be accurate and clear information about the weight of the contents. Similarly, it should also clearly state the identity statement. 

This shows the authenticity of the product. For example, who is the distributor, the manufacturer name, business place, batch code, etc.

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CBD Oil And North Carolina - The Bottom Line

To summarize the above discussion, it can be simply argued that yes, CBD is legal in North Carolina. 

But it must follow the standards and limitations imposed by the state and federal levels. 

For example, the CBD must be derived from hemp and the THC level in it must be lower than 0.3 percent.

On the other hand, if CBD is derived from marijuana then it is not legal.

Hence, hemp-based CBD is legal in North Carolina. 

Moreover, to purchase CBD one has to be registered with the state either as a patient having intractable epilepsy or the caregiver of such a patient.

For these patients, there is no limit on the possession of CBD in North Carolina.