Raleigh Skyline

Is CBD Legal in NC? What You Need To Know About NC Hemp Laws

CBD products have become all the rage lately, but before you buy CBD and any products, you need to know what's legal and what's not in North Carolina under state law.

Some CBD products are allowed in North Carolina if they follow federal and state guidelines. Familiarizing yourself with these rules can help you do the right thing and avoid legal trouble.

As a Raleigh drug crimes defense lawyer, we hope that we can help explain North Carolina's CBD laws. We're going to take a closer look at CBD, CBD hemp oil, and whether these and other hemp products are legal in North Carolina. We'll also tell you what the federal law has to say about these products and the penalties you could face if you break the law.

What is CBD and CBD oil?

CBD, also known as cannabidiol, is a non-psychoactive compound derived from cannabis. CBD oil is simply a product that contains CBD extract and an oil, like coconut oil, and is used for topical use.

CBD can come from flowering marijuana and industrial hemp plants. This is important to know because the rules surrounding these products change depending on the source.

CBD oil can still be bought legally in North Carolina if it is produced from industrial hemp. If it's made using a flowering marijuana plant, it is regarded as marijuana and illegal. This is because marijuana-derived CBD oil usually contains a high level of THC, the chemical that produces "stoned" effects in marijuana users. This is an important distinction to always keep in mind.

Many CBD users choose to buy CBD and CBD oil online. For many, buying CBD oil online is preferred because they feel they can get the best CBD oil that way.

Delta 8 and Delta 9 THC

Delta 8, also known as Delta 8 THC is a psychoactive substance found in the Cannabis sativa plant. Delta 8 THC is one of the many cannabinoids that are produced naturally by the cannabis plant, but are not found in large amounts in the cannabis plant.

Many people get concerned about the psychoactive effects of Delta 8, The FDA has not evaluated or approved any Delta-8 THC products for safe use.

Delta 9 THC is one of several significant cannabinoids that can be found in great numbers within cannabis plants. When people use marijuana, they are feeling the effects of Delta 9 THC. Delta 9 and Delta 8 are both legal in North Carolina if they are derived from the hemp plant and not marijuana. They must also contain .3% or less of either substance to fall under the legal status.

Is CBD a drug?

CBD is a compound found in marijuana. It is not impairing and does not cause a high. As we mentioned above CBD can come from hemp or non-hemp plants. Hemp is any part of the cannabis plant that contains no more than .3% THC, the active ingredient in marijuana.

CBD Use in the United States

In 2018, Congress passed and signed the Agriculture Improvement Act. This law removed hemp from the federal Controlled Substances Act. This legalized CBD only if it comes from the hemp plant. But, some states have not removed hemp from their state's controlled substances act, so the legality of CBD and CBD products is different from state to state.

The United States FDA and CBD

The Food and Drug Administration (FDA) has the power of regulating CBD product labels, monitor claims of health benefits of CBD, as well as using CBD for recreational purposes and dietary purposes.

The FDA, currently, does not allow the advertisement of hemp-derived CBD as a dietary supplement, or as an additive to food and beverages. The FDA has to authorize any health claims made by CBD products, such as pain relief.

Until the FDA determines its approval process for CBD, CBD won't be able to be labeled a dietary supplement.

Federal Laws Regarding CBD

Federal legislation regarding CBD currently requires all CBD products to come from hemp to remain legal. Regulations of this law call for the THC level to be no more than .3%. THC at this level is not believed to be enough to get anyone high.

The 2018 Farm Bill helped to revolutionize hemp products and help hemp farmers. It made the cultivation of hemp federally legal for recreational purposes by removing hemp from the list of controlled substances.

Is CBD legal in North Carolina in 2022?

CBD is completely legal in North Carolina as long as it adheres to all state and federal standards. The main thing to remember is to keep an eye on the THC content and the source of CBD extract because these are what could get you into trouble. Hemp-derived CBD is legal as long as the THC level does not exceed .3%.

Marijuana is currently illegal for recreational use in North Carolina.

Is CBD-infused food and drink legal?

CBD-infused food and drink are legal in North Carolina as long as they follow all state and federal standards regarding CBD. This means following the rules when it comes to THC levels and making sure the products are hemp-derived.

Do you need a prescription for CBD oil in North Carolina?

You do not need a prescription to get CBD in North Carolina. Doctors cannot typically prescribe CBD products that are sold over the counter, but some may recommend them.

How much CBD is legal in NC?

Under the Farm Act, Agriculture Act of 2018 (Farm Bill), cannabis extracts from industrial hemp are legal as long as the THC content does not exceed .3%.

DUI Laws and CBD Use

If you follow the state guidelines for CBD use in North Carolina, you should not face any legal trouble such as DUI. CBD generally does not qualify as a controlled substance because it does cause impairment, so there should be no risk of DUI.

But, if the CBD products you've used contain a high level of THC, you could face DUI penalties. If you are asked to take a breathalyzer and fail, charges may be filed. In those cases, you need the help of a Raleigh criminal lawyer who specializes in these types of cases.

In conclusion - is CBD legal in NC?

In summary, CBD use is legal in North Carolina if you follow certain guidelines. These are:

  • Using only hemp-derived CBD
  • Products must contain less than 0.3% THC
  • Remember any marijuana-derived CBD is illegal in North Carolina

If you keep these things in mind, you should not fall into any legal troubles with CBD products in North Carolina.

Schedule A Free Consultation With A Raleigh Drug Crimes Lawyer

When you need the advice of a Raleigh lawyer with experience in DWI and DUI offense, call The Law Offices of J.M. Kotzer. If you're facing DUI or DWI charges, our law offices can help you with your case. Call us today at  919-439-5104 or reach out to us online for more information.