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.
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.
North Carolina CBD laws
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.
What does all this mean for CBD oil?
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.
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.
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.
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.
Purchasing CBD oil online is by far the most convenient way to find reliable CBD oil in North Carolina.
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.
Recommended CBD Retailers in North Carolina
If caught with even a small amount of weed, you can be convicted and given a fine and jail time.
Marijuana is currently illegal for both medical and recreational use in North Carolina; this is fairly typical when it comes to the southeastern states.
Can I grow hemp in my backyard?
North Carolina Possession Sentences
No. Vaping and cartridges or using other forms of marijuana resin extract (hash, wax, dabs, shatter, etc.) in other ways is illegal in North Carolina and is punishable as a felony for possession of more than one-twentieth of an ounce.
It is certainly possible. As discussed above, law enforcement has an understandably difficult time distinguishing between illegal marijuana and legal hemp and hemp derivative products. Our firm has seen situations were police have seized permissible hemp products mistakenly believe them to be contraband. In those situations, your best course of action is to get an attorney involved who understands the issues. There are a number of best practices our firm has helped clients implement to help prevent this type of situation from occurring. Among other preventative measures, it is recommended that you have on hand any product label, or certificate of analysis for any hemp or hemp-derived product when you are in possession of these items in public places to show a law enforcement officer if you are stopped or the product is confiscated.
What if I was charged with a crime because of CBD in North Carolina?
North Carolina Marijuana Sale/Trafficking Sentences
Because legal hemp and CBD are very new to the market, police officers may not yet be trained on distinguishing the difference between hemp and marijuana. Until that happens we can reasonably expect to see a rise in the number of arrests and prosecution of individuals and businesses that use or sell hemp products. It is in your interest the have a criminal defense attorney experienced in this specific area of the law.
Can my hemp products be seized by law enforcement?