Hemp’s legality in North Carolina has confused many, especially as laws around cannabis products keep changing. In this article, we’ll explore whether hemp is legal in North Carolina, clear up common myths, and explain the laws that apply to hemp in the state.

What is Hemp?

Hemp is a type of Cannabis sativa plant. It’s grown to make textiles, paper, biofuels, and for its seeds and oil. Unlike marijuana, hemp has very low levels of THC, the compound that causes a “high.” By law, hemp must have less than 0.3% THC, which makes it different from marijuana, which has higher THC levels and is used for recreation or medicine.

Overview of Hemp Laws in North Carolina

Historical Context

In July 2022, the NC General Assembly almost let the Pilot Program expire without a new law to support the legal hemp allowed in the US Farm Bill. Hemp was once an important crop in the U.S., but in 1970, it was grouped with marijuana under the Controlled Substances Act, making it illegal to grow without special permission. The 2014 Farm Bill allowed states to start hemp pilot programs. North Carolina began its program in 2017, letting farmers grow hemp legally with state oversight.

Current Status

In North Carolina, the State Legislature acted quickly to preserve hemp products in the state. The key change came with the 2018 Farm Bill, which legalized hemp across the U.S. by removing it from the list of controlled substances. This allowed the growth, processing, and sale of hemp and hemp products, like CBD, as long as they have less than 0.3% THC.

The pilot hemp program was set to expire on July 1, 2022. Thankfully, new legislation kept hemp legal before the program ended.

Hemp vs. CBD: What’s the Difference in NC?

It’s important to distinguish between hemp and CBD, especially in legal terms. CBD, or cannabidiol, comes from hemp (and sometimes marijuana). It’s used in products like oils, tinctures, edibles, and skincare items. While hemp itself is legal under federal and state law, the legal status of CBD can be more complex.

In North Carolina, CBD products are legal if they are derived from hemp and contain less than 0.3% THC. The U.S. Food and Drug Administration (FDA) has not fully regulated CBD products yet. This can make the legality of these products seem unclear. The FDA has approved Epidiolex, a CBD-based drug for treating certain forms of epilepsy. The FDA continues to monitor the market for other CBD products, especially those making unproven health claims.

In 2018, the US Congress passed the Agriculture Improvement Act of 2018, also known as the Farm Bill, which legalized hemp and hemp-derived products, including CBD. However, the FDA has not yet fully established regulations for CBD products and has issued warning letters to companies making unproven or misleading claims about CBD’s health benefits.

In June 2018, the FDA approved the first drug containing CBD, Epidiolex, for treating seizures related to two rare forms of epilepsy, Lennox-Gastaut syndrome and Dravet syndrome. The FDA will continue to evaluate the safety and efficacy of CBD products and take action against companies violating federal law.

Recent Changes in Hemp Legislation in NC

Hemp laws in North Carolina have changed significantly recently, mainly because the state’s hemp pilot program ended in 2022. The General Assembly quickly passed new laws to keep hemp legal in the state. This allowed farmers and businesses to continue operating without legal concerns.

The new legislation aligns with the 2018 Farm Bill, emphasizing the importance of keeping THC levels below 0.3% and complying with federal standards. This change has stabilized the industry, but businesses must still follow both state and federal rules.

Frequently Asked Questions (FAQs)

Is it legal to grow hemp in NC?

Yes, it is legal to grow hemp in North Carolina if you have the right licenses and follow state and federal rules. The hemp must have less than 0.3% THC.

Can I buy hemp-derived products in NC?

Yes, hemp-derived products, including CBD, are legal to purchase in North Carolina as long as they contain less than 0.3% THC.

Are there any restrictions on hemp usage in NC?

While hemp is legal, there are restrictions on how it can be marketed, particularly regarding health claims for CBD products. Ensure that any products you purchase or sell meet the legal THC threshold.

How does NC regulate hemp farming and production?

North Carolina regulates hemp farming with licenses and regular checks to ensure all hemp grown in the state has less than 0.3% THC and meets safety standards.

Conclusion

In summary, hemp is legal in North Carolina, thanks to both federal and state legislation supporting its cultivation and sale. Hemp-derived products are mostly legal if they meet THC limits and other rules. The legality of CBD is more complex. Laws and rules change often. It’s important for both consumers and businesses to keep up with the latest news about hemp laws.

For anyone involved in the hemp industry or considering using hemp-derived products, it’s wise to stay updated on the latest legal changes. Consider subscribing to a legal newsletter or consulting a legal expert to ensure compliance with current laws.

Retail dispensaries such as Carolina Hemp Hut ensure that all products they offer are fully compliant with regulations. Carolina Hemp Hut maintains a strict compliance program to track product lab-testing, certification, and quality.

Carolina Hemp Hut also has strict standards. Products that are unclear for minors are not allowed. Unlike some Vape stores, Carolina Hemp Hut avoids “back door” sales, ensuring that all products are legal and lab-tested.

Laws and regulations are subject to change, so it’s best to stay updated on the current status of hemp legality.