Is CBD oil legal in North Carolina?
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- What is CBD?
- Why is CBD sometimes illegal?
- North Carolina CBD laws
- Where to buy CBD in North Carolina
- How to read CBD labels and packaging
Yes. Hemp-derived CBD with less than 0.3% THC became legal at the federal level in 2018 and it is legal in North Carolina. In addition, hemp extract that contains less than 0.9% THC and at least 5% CBD by weight is legal if the person purchasing it is registered with the state as a patient with intractable epilepsy or a patient’s caregiver.
What is CBD?
CBD stands for cannabidiol. It is a non-intoxicating cannabinoid found in cannabis. Cannabidiol is the second-most abundant cannabinoid in the plant after tetrahydrocannabinol (THC). It has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. CBD can be sourced from both marijuana and hemp plants.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
Why is CBD sometimes illegal?
Even though industrial hemp plants don’t produce enough THC to cause intoxication, all types of cannabis, including hemp, were made illegal following the passage of the 1970 Federal Controlled Substances Act. The legislation swept all types of cannabis into the Schedule I category, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.
However, industrial hemp production was legalized after the passage of the 2018 US Farm Bill, which legalized hemp cultivation and created a pathway to remove some cannabis from Schedule I status by creating a legal divide: Hemp is cannabis that contains less than 0.3% THC by weight, and marijuana is cannabis that contains more than 0.3% THC.
To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps
Hemp-derived CBD was thus descheduled by the bill, but CBD that is derived from the marijuana plant is still considered federally illegal because marijuana is categorized as a Schedule I substance. While hemp is now considered an agricultural commodity, it still must be produced and sold under regulations that implement the bill.
The Farm Bill also shifted oversight of hemp-derived products to the U.S. Food and Drug Administration (FDA), giving the agency the ability to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to food and beverages, nor can this non-intoxicating cannabinoid be marketed as a dietary supplement.
While the FDA has begun a process of re-evaluating its stance on such CBD products, it has yet to revise its rules or specifically regulate CBD products, leading to further confusion. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.
The federal legislation still highly regulates the production and sale of hemp and its cannabinoids, including CBD. The Farm Bill also provides that states may also regulate and even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD foods, beverages, dietary supplements, and cosmetic products, independently of the FDA finalizing its views on such products.
The FDA released guidance on the regulation of cannabis and hemp-derived CBD products in March of 2020. The agency is seeking high-quality, scientific data to help it understand and regulate CBD.
North Carolina CBD laws
North Carolina permitted the cultivation and production of hemp under the Industrial Hemp Pilot Program, authorized in 2014. The following year the North Carolina General Assembly passed Senate Bill 313, allowing the Industrial Hemp Commission to create rules and a licensing structure to stay within federal regulations. The law was modified again in 2016 with House Bill 992, which authorized a research program related to hemp.
The North Carolina Farm Act of 2019, or Senate Bill 315, originally added more clarifications on the production, distribution, and possession of CBD. However, after an impasse over outlawing smokable hemp, all mentions of the plant were stripped from the bill.
North Carolina’s hemp pilot program was set to expire in 2020 under a US congressional mandate but Congress extended the expiration date to September 20, 2021.
Separately from the industrial hemp pilot program, in 2014, the state passed House Bill 220, or the Epilepsy Alternative Treatment Act. It allowed patients with epilepsy who register with the state’s program to possess and use hemp extract with less than 0.9% THC and at least 5% CBD by weight.
Licensing requirements for CBD
There are no requirements or laws governing the production or sales of hemp-derived CBD with less than 0.3% THC. CBD is not approved by the FDA as a food or beverage additive or as an over-the-counter remedy for any condition. Suppliers need to adhere to federal guidelines and not make any false claims. Additional labeling guidelines can be found below in the section on CBD labels.
To possess hemp extract with 0.9% THC, patients and caregivers must submit a North Carolina Epilepsy Alternative Treatment Act Caregiver Registration Application. This application can be filled out online or sent to the North Carolina Department of Health & Human Services (DHHS). The program is only open to patients suffering from intractable epilepsy.
North Carolina CBD possession limits
There’s no possession limit for CBD products in North Carolina or for medical patients with epilepsy who have registered with the state. Medical hemp extract must contain less than 0.9% THC and at least 5% CBD by weight.
Where to buy CBD in North Carolina
It is legal to purchase hemp-derived CBD online, as long as it contains less than 0.3% THC. The United States Postal Service (USPS) and private delivery services are permitted to mail hemp-derived CBD items to North Carolina addresses. There are a growing number of stores and retail outlets that carry hemp-derived CBD products in North Carolina, in addition to online retailers.
While medical hemp extract with 0.9% THC is legal in North Carolina, the state has made no provisions for legal sales, leaving patients and caregivers to seek products outside the state.
How to read CBD labels and packaging
CBD product labels contain important information for consumers, and those should be your most important resource when looking to buy CBD. To keep from running afoul of the FDA, CBD product labels should:
- Not be false or misleading
- Disclose identity statement (honest description of an organization/product), weight or volume of contents, name and place of business, distributor statement, material facts, warning or caution statements, and ingredients)
- Properly display label information
- Not violate the Poison Prevention Packaging Act of 1970, which requires products to be packaged in child-resistant packaging
Where CBD is legal, consumers should seek out only products with the following information on the label:
- Amount of active CBD per serving
- Supplement Fact Panel, including other ingredients
- Net weight
- Manufacturer or distributor name
- Suggested use
- Full-spectrum, broad-spectrum, or isolate
- Batch or date code
One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate. Photo by: Gina Coleman/Weedmaps
One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate.
Full-spectrum means that the CBD has been extracted along with all other cannabinoids and terpenes, including whatever trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the mixture of cannabinoids and terpenes work together to produce a more pleasant experience.
Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.
Finally, isolate is a product that has gone through more intensive processing to remove all compounds except for CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect.
This page was last updated on November 30, 2020.
Is CBD oil legal in North Carolina? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? North Carolina CBD laws
Where to Buy CBD Oil in North Carolina in 2021
If you’re looking for legal CBD oil in North Carolina, this article will explain all of the relevant laws regarding marijuana products and tell you the best places to buy online and in-store!
CBD oil is gaining a massive following in the United States for its ability to treat the symptoms of various medical conditions, including cancer, epilepsy, and post-traumatic stress disorder, among many others.
State laws often contradict federal laws when it comes to marijuana. Unfortunately, North Carolina has some of the harshest marijuana laws in the United States.
If you want to purchase CBD oil legally in North Carolina, you need to be aware of the legal status specific to the state.
Table of Contents
- Buy CBD Oil in North Carolina:
- Is CBD Oil Legal in North Carolina?
- Buying CBD Oil Online in North Carolina
- How to Protect Yourself from Low-Quality CBD Oil Companies
- Is Marijuana Legal in North Carolina?
- Penalties for Marijuana Possession in North Carolina
- Medical Marijuana in North Carolina
- Buying CBD Oil Locally in North Carolina
- Recommended CBD Retailers in North Carolina
- Final Notes on Buying CBD Oil in North Carolina
Buy CBD Oil in North Carolina:
- Royal CBD Oil— Best CBD Oil Overall
- Gold Bee CBD Gummies— Best CBD Gummies
- CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
- Industrial Hemp Farms— Best CBD Flower
- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Is CBD Oil Legal in North Carolina?
YES! Despite North Carolina’s strict laws against marijuana, you can still legally purchase CBD oil.
CBD can be derived from both flowering marijuana and industrial hemp plants. This is an important distinction because North Carolina laws change depending on how your CBD oil is made.
If your CBD oil is made using a flowering marijuana plant as the source, it is regarded as the same as weed; this is because marijuana-derived CBD oil generally contains a high level of THC, which is the chemical in marijuana that gets you stoned.
On the other hand, CBD oil produced from industrial hemp is legal to buy and possess in all 50 states. This is a product of the Farm Bill of 2014, which took industrial hemp off of the federal list of controlled substances.
Previously, industrial hemp was seen as no different from marijuana in the eyes of federal authorities.
Since the Federal Government passed the 2014 Farm Bill, farmers can legally grow industrial hemp as an agricultural crop used to make clothing, food, fuel, and extracts.
The beauty of industrial hemp CBD oil is that it contains less than 0.3% THC and won’t get the user high.
This means you can take advantage of all the health benefits associated with CBD (pain relief, anti-inflammatory, anxiety reduction, etc.) without worrying about the authorities or getting high!
If you want to know how to buy legal CBD oil in North Carolina, check out our guide below for finding the best products locally and online.
Buying CBD Oil Online in North Carolina
Purchasing CBD oil online is by far the most convenient way to find reliable CBD oil in North Carolina.
Online suppliers generally offer better deals than those you would find in-store. You can save a lot of money by taking advantage of bulk sales and special offers.
Shopping online makes it easy to compare products from different companies and find the right product for your needs.
It’s essential that you do your research about the products you purchase. The Food and Drug Administration has found that many of the products sold over the counter have significantly less CBD than advertised.
How to Protect Yourself from Low-Quality CBD Oil Companies
1. Only buy CBD oil that has been tested by a third-party lab. This is the first thing you should check before committing to a particular brand. Outside labs can test that the CBD content inside the product matches what the company is advertising. They can also make sure that the oil is free from any potentially harmful chemicals and solvents.
2. Don’t purchase from any company that is making outrageous claims about the potential of CBD. As a health supplement, CBD is wonderful. It is helping thousands of Americans manage the symptoms of a wide range of medical conditions. However, CBD isn’t going to be a magical drug that cures diseases. Avoid companies that make these claims.
3. Double-check the THC content. This is very important in North Carolina. The state has some of the harshest penalties for marijuana possession in the country. If caught with CBD oil containing THC, you could face jail time. If a company can’t follow the law, what are the chances that they are following quality controls?
4. Order full-spectrum CBD oil. When a CBD oil is full-spectrum, it means that it was produced using the whole plant. This is an excellent sign because using the whole plant captures additional chemical compounds, including terpenes and flavonoids, which help your body process CBD. Full-spectrum oil will, therefore, act faster and more efficiently.
Protect yourself from sketchy products by purchasing from a trustworthy online supplier.
If you would prefer to shop in-store, check out our list of places in North Carolina that may be able to point you in the right direction.
Is Marijuana Legal in North Carolina?
Marijuana is currently illegal for both medical and recreational use in North Carolina; this is fairly typical when it comes to the southeastern states.
A large reason for this is that the Federal Controlled Substances Act classes marijuana as a prohibited drug.
According to the Federal Government, marijuana is a Schedule 1 drug, which means it has the following qualities:
- It’s highly addictive and likely to be abused.
- It has no accepted medical properties and cannot be used to treat negative health conditions.
- It cannot be used safely under professional medical supervision.
Other drugs listed in this category include heroin, LSD, magic mushrooms, and ecstasy.
Penalties for Marijuana Possession in North Carolina
If caught with even a small amount of weed, you can be convicted and given a fine and jail time.
Less than half an ounce (approximately 14 grams) and you will get off with a small fine of $200. Beyond that and you could start to see jail time.
Anything between half an ounce and 1.5 ounces can lead to 1 to 45 days in jail with a fine of $1000.
Get caught with more than 1.5 ounces in North Carolina and it becomes a felony. The punishment for felony marijuana possession can be 3 to 8 months in jail plus a fine of $1000.
Growing marijuana in North Carolina is a huge risk. Growing any amount of marijuana under 10 pounds will be treated as a felony and could lead to 3 to 8 months in jail.
You don’t want to get busted for possession of marijuana in North Carolina.
Medical Marijuana in North Carolina
Technically, North Carolina has a medical marijuana program. However, it’s so incredibly limited that it might as well not have one at all.
The first steps taken toward medical marijuana in North Carolina happened in 2014 when the State Government passed the Hope 4 Haley and Friends Act.
The Act allows a very limited number of patients to participate in a study at the University of North Carolina to research the effects of CBD on epilepsy patients. The CBD oils used in the study are also limited. They must contain a minimum CBD content of 10% and less than 0.3% THC.
In 2016, Governor Pat McCrory introduced the North Carolina Epilepsy Alternative Treatment Act, which allows patients with intractable epilepsy to possess and use CBD oils that have a minimum of 5% CBD and a THC content of less than 0.9%.
Although North Carolina has made it legal for people with epilepsy to treat themselves with CBD oil, the state doesn’t have any licensed medical marijuana dispensaries.
This means that North Carolina medical marijuana patients need to purchase their medicine in another state that allows out-of-state medical marijuana cards.
A list of states that allow out-of-state medical marijuana cards can be found here. The closest state to North Carolina with reciprocity is Pennsylvania — a short drive of 500 miles.
What does all this mean for CBD oil?
Buying CBD Oil Locally in North Carolina
With so many different options available online, it can get a little overwhelming. Sometimes, there is no substitute for going into a store and seeing the product for yourself.
If you’re one of those kinds of shoppers, we have made a shortlist of CBD oil suppliers in North Carolina.
NOTE: Even if you make your purchase in person, ensure you do your research. The Journal of Regulatory Science has found that over-the-counter CBD oils have inconsistent levels of CBD and can sometimes contain solvents and pesticides.
Recommended CBD Retailers in North Carolina
- Vapor Smoke Shop
- Vape Shop Charlotte
- The Art of Vape
- Charlotte CBD
- Infinity’s End
- Electrik Avenew
- Kure CBD and Vape
- The Hemp Store
- Capitol Smoke
- Smoke & Talk
- Good Guy Vapes Raleigh
- Cloud 9 Vapor
- High Life Smoke Shop
- 7 Star Tobacco, Kratom, Vape & CBD
- The Refinery Vaping Company
- A&D Vapors
- AVAIL Vapor
- Everything Hemp Store
- Smokey Shay’s
- Glass City Smoke Shop
- Valiant Vapors
You shouldn’t have any trouble finding CBD oil locally if you visit your closest vape shop. They will typically have several options sold over the counter or, alternatively, the staff can point you in the right direction.
Final Notes on Buying CBD Oil in North Carolina
North Carolina has been slow to make progress when it comes to marijuana laws. Although medical marijuana licenses are available, they only apply to epilepsy patients, and you need to travel to another state to make your purchases.
Until the laws catch up with demand, your best bet to find CBD oil in North Carolina is to place an order online with a good supplier.
Looking to buy legal CBD oil in North Carolina? Here, we explain North Carolina’s laws regarding CBD oil & how to find the CBD nearby.