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Is CBD oil legal in North Carolina?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. North Carolina CBD laws
  4. Where to buy CBD in North Carolina
  5. How to read CBD labels and packaging

Following suit with federal law, hemp-derived CBD with less than .3% THC is legal in North Carolina. North Carolina permitted the cultivation and production of hemp under the Industrial Hemp Pilot Program, authorized in 2014. In 2015, the North Carolina General Assembly passed Senate Bill 313, allowing the Industrial Hemp Commission to create rules and licensing structure to stay within federal regulations. The law was modified again in 2016 with House Bill 992, to authorize a research program related to hemp. In 2014, House Bill 220, or the Epilepsy Alternative Treatment Act, was signed into law, allowing patients with epilepsy who are registered in the state’s Medical CBD Program to use CBD with less than .9% THC and at least 5% CBD by weight.

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.

Combine THC and CBD to fully employ the entourage effect.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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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 Hemp Farming Act of 2018, 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 .3% THC by weight, and marijuana is cannabis that contains more than .3% THC.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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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 food, beverage, dietary supplement, 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.

North Carolina CBD laws

Prior to the passage of the Farm Bill, North Carolina had outlawed the production of industrial hemp except for one pilot program, launched in 2014, called the Industrial Hemp Pilot Program. Senate Bill 313, which created the hemp pilot program, had some success but was limited in its scope, and later amended in 2017 adopting specific (but still temporary) rules for the program, including the types of seeds farmers can use, and more.

The North Carolina Farm Act of 2019, or Senate Bill 315 passed in August 2019. This measure added more clarifications on the production, distribution, and possession of CBD.

The North Carolina Farm Act of 2019 expands that state’s industrial hemp industry by laying out four goals that would take place should the measure be passed:

  1. Promote the cultivation and processing of hemp and open new commercial markets for farmers and businesses through the sale of hemp products.
  2. Promote the expansion of the state’s hemp industry to the maximum extent permitted by law, allowing farmers and businesses to cultivate, handle, and process hemp and sell hemp products for commercial purposes.
  3. Encourage and empower research into hemp growth and hemp products at state institutions of higher education and in the private sector.
  4. Move the State and its citizens to the forefront of the hemp industry.

The North Carolina Farm Bill of 2019 states that CBD is defined as the nonpsychoactive cannabinoid compound derived from the hemp is free of plant material and does not exceed .3% THC.

When the North Carolina Farm Bill of 2019 passed, the list of hemp-derived products legalized includes:

  • Cloth
  • Cosmetics
  • Personal care products
  • Food for human, pet, or livestock consumption unless federally prohibited
  • Material Fiber
  • Paint
  • Particle board
  • Oils
  • Tinctures
  • Vapor products
  • Smokable hemp
  • Any product containing one or more hemp-derived cannabinoids, such as cannabidiol.
  • Industrial hemp. – All parts and varieties of the plant Cannabis sativa (L.).

The newly clarified CBD laws in North Carolina also addresses the legality of various products, including food and drinks. All hemp-derived CBD products with less than .3% THC are permitted as long as they are not prohibited by the Food and Drug Administration (FDA) or U.S. Department of Agriculture (USDA).

CBD food items have not been approved by the FDA until the FDA determines regulations for approval. In addition, the North Carolina Farm Bill removes the following definitions from the state’s Schedule VI controlled substances list: more than .3% THC in hemp, hemp products, hemp-derived extracts, and smokable hemp.

An updated version of Senate Bill 315 was revised to remove the inclusion of smokable hemp products.

Licensing requirements for CBD

Since 2014, a medical card for CBD was required. To possess CBD, patients needed to apply to a North Carolina Epilepsy Alternative Treatment Act Caregiver Registration Application. This application is sent to the North Carolina Department of Health & Human Services (DHHS) and is only open to patients suffering from intractable epilepsy.

If passed, the North Carolina Farm Bill of 2019 would overrule this medical application process and open up access to people who are not registered in the program.

The bill seeks to implement a new procedure for North Carolina hemp producers, which would require a legal description of the land on which hemp is produced, as well as the licensing status of each hemp producer to the U.S. Secretary of Agriculture.

Punishments for people who are not licensed in this new industry would also be included in this measure. An unlicensed hemp producer, seller, or courier could face a civil penalty of up to $2,500 per violation. The bill would make it a misdemeanor to knowingly or intentionally manufacture, deliver, sell, or possess smokable hemp without a license.

North Carolina CBD possession limits

There is no possession limit for medical patients with epilepsy who have applied through the state, but the CBD must contain less than .9% THC and at least 5% CBD by weight. The Farm Bill of 2019 would amend this amount to mirror the federal amount, less than .3% THC, but also broaden access to do hemp-derived CBD products outside of patients suffering from epilepsy.

Where to buy CBD in North Carolina

It is legal to purchase hemp-derived CBD online, as long as it contains less than .3% THC. Furthermore, 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 have begun carrying hemp-derived CBD products in North Carolina, in addition to online retailers. You can find out more about where to buy CBD oil on Weedmaps.

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.

Currently regulated by the FDA as cosmetic products, CBD product labels must abide by the following rules:

  • 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

In addition to those state requirements, consumers should seek out only CBD products with the following information on labels:

  • 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

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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 from a hemp plant 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.

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

CBD Oil in North Carolina

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It is more prudent to familiarize yourself with the laws of a jurisdiction with stricter laws on a matter than that of the jurisdiction whose laws are laxer.

Many states and other jurisdictions across the world continue to legalize marijuana for both recreational and therapeutic purposes. Laws in different states are at varying levels of strictness, and North Carolina has among the strictest CBD laws in the United States.

Is medical marijuana legal in North Carolina? We shall answer this question and inform you of your obligations as a CBD user in the state.

Is CBD Oil legal in NC?

In other states in the United States, you can buy CBD off the shelf or online for use as a nutritional supplement or as recommended by a doctor for the management of a condition.

The US congress legalized the growth of industrial hemp with a THC content that is below 0.3% in The Farm Bill – 2018. These laws at the federal level and in other states do not necessarily work in North Carolina, which has remained a black sheep in as far as the legal status of marijuana is concerned.

The first time marijuana-related legislation was passed in the state was in 2014 when the Epilepsy Alternative Treatment Act, also known as the House Bill 1220, was passed. This bill made it legal for children with various forms of drug-resistant epilepsy to use hemp extracts to manage the condition.

For a child to be eligible to use marijuana extract, they need to have been diagnosed with a qualifying type of epilepsy by a state-recognized neurosurgeon. The oil law allows them to use less than 0.9% THC content and at least 5% CBD content.

Initial legislation required sick children to participate in pilot studies to qualify to use the CBD extracts, but it was amended to remove this requirement. This means that all they need now is a diagnosis for a qualifying condition.

As the law stands, possession of more than half an ounce of marijuana in North Carolina, without having followed the legal steps can get you incarcerated.

Less than 0.5 an ounce, on the other hand, can get you charged with a misdemeanor that would carry a lesser criminal penalty in the state.

How to be eligible to buy CBD Oil in North Carolina

Where to buy CBD Oil in NC?

One of the consequences of the current legal status of CBD in North Carolina is that CBD products such as gummies , capsules , oils, vapes , and the entire range of products are often marketed like a black market product. People are not free to buy and to probe the quality of the products they buy because ultimately if the products are not up to par, you’d have nowhere to report.

Owing to this black market-like business environment, a lot of the CBD products sold in North Carolina are usually way below par in terms of safety and potency. They could contain toxins due to sub-standard extraction methods, and they could also have lower strength than what is indicated on the label.

To avoid these pitfalls, you can search for good quality, well-vetted CBD products online from out of state manufacturers. Many of these manufacturers, because they do business in an open, free, and competitive environment, they work hard to improve their quality through innovation.

Reputable manufacturers also get their products tested by ISO certified third-party labs to show the consumer exactly what the products contain.

Once the products have been tested, the manufacturer makes the test results available for users. Some manufacturers avail test results for every batch of products so that any nuances in quality between batches can be captured. One prime example of such brands is Sabaidee CBD. They have public laboratory tests, plus high-quality CBD products with a wide range of flavors and strengths which, we believe, can satisfy even toughest CBD fans.

Is CBD oil legal in North Carolina? If yes, then where to buy it? In this article, we will answer all of your questions about marijuana legality in NC.