Is CBD Legal in North Carolina?

by Kat Austin December 09, 2020 6 min read

Is CBD Legal in North Carolina? - VO Inc

North Carolina embraced hemp after the 2018 Farm Bill, but the state's hemp laws have changed several times since. Is CBD legal in North Carolina?

Yes, CBD oil is legal if it meets state regulations. However, some products, like smokable hemp flower, remain prohibited, and North Carolina CBD laws don't impose strict quality controls.

Here's what to know before you buy CBD in NC.

Table of Contents
Legal Concerns About CBD
What are the CBD laws in North Carolina?
Is full spectrum CBD legal in North Carolina?
Does North Carolina have a CBD possession limit?
Can doctors prescribe CBD in North Carolina?
Where to buy CBD in North Carolina?
Legal age to buy CBD in North Carolina?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

  • CBD oil is legal in North Carolina, but smokable hemp and CBD edibles remain prohibited under certain regulations.
  • Hemp-derived CBD is available without a prescription, though the state’s medical cannabis program offers access to cannabis-derived CBD.
  • North Carolina has minimal regulations on CBD product quality, so many choose to buy CBD online for better oversight.

Legal Concerns About CBD

A U.S. map showing North Carolina and surrounding states

CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

Two bottles filled with CBD oil, a legal dosing option available online for North Carolina residents.

 

What are the CBD laws in North Carolina?

North Carolina's 2019 Farm Bill legalized CBD products with less than 0.3% THC, except for smokable hemp, while also allowing hemp edibles unless federally prohibited.

Here are the details:

North Carolina originally imposed strict regulations on hemp agriculture in the state. After the 2014 Farm Bill, the state allowed only a few licenses to be granted under a limited Hemp Pilot program. This limited bill mainly focused on hemp for research purposes and did not yet make CBD accessible in the state.

In 2019, the state amended this program with the passage of SB 315, informally known as the North Carolina Farm Bill. The new laws redefined hemp and CBD, making both more accessible across the state. According to state laws, CBD is the non-psychoactive material derived from hemp, so long as it is free of plant material and contains less than 0.3% THC.

The bill encourages and laid the structure for hemp agriculture and marketing across the state. It also specifically clarified the types of hemp materials that are legal, including:

  • Fabrics and material fiber
  • Cosmetics and topicals
  • Paint
  • Building materials
  • Personal care products
  • Food for human, pet, or livestock consumption unless federally prohibited
  • Oils
  • Tinctures
  • Vapor products
  • Smokable hemp

Later the bill was amended to remove smokable hemp products from the list of approved products. This is in line with laws laid out by other states who have banned smokable CBD products, like Georgia, Texas, and Iowa.

The bill still includes language to legalize hemp edibles that are "not federally prohibited." To date, the FDA has not clarified their stance on CBD as a food ingredient, leaving this law open to confusing interpretation.

Many people suggest that CBD edibles are legal in the state, while other companies are operating more cautiously. There are no penalties defined for consumers who purchase CBD edibles, so long as they meet the requirements of a hemp product and cannot be classified as cannabis.

Is full spectrum CBD legal in North Carolina?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, North Carolina has no laws restricting full spectrum CBD products that contain 0.3% THC or less.

Does North Carolina have a CBD possession limit?

North Carolina has not set possession limits for hemp-derived CBD products. Products that contain more than 0.3% THC or are derived from cannabis and not hemp are only accessible through the state’s medical program. Cannabis products are subject to different possession limits.

Can doctors prescribe CBD in North Carolina?

You don’t need a prescription to get CBD in North Carolina. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in North Carolina?

A handful of CBd softgels, which may be difficult to find in stores in North Carolina due to unclear laws.

In general, North Carolina allows licensed growers and vendors to sell most forms of hemp-derived CBD throughout the state. You may find hemp CBD products in grocery stores, convenience stores, and more.

However, North Carolina’s CBD regulations usually target THC content, and the state does very little to regulate product quality. These low standards can put consumers at risk.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Legal age to buy CBD in North Carolina?

CBD is theoretically accessible to all ages, especially since it's been popular for treating childhood illnesses, but products like smokable hemp or vaporizers may not be suitable for minors.

North Carolina does not have a statewide legal age for purchasing CBD, and age restrictions are generally set by vendors, often requiring buyers to be 21, similar to tobacco laws.

Many online CBD brands allow customers aged 18 or older to order and ship legal CBD products to North Carolina.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in North Carolina, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

FAQ - Is CBD Legal in NC?

Can you buy CBD gummies in NC?

Yes, you can buy CBD gummies in North Carolina, as long as they are derived from hemp and contain less than 0.3% THC, following state and federal law. However, the legality of CBD edibles is still somewhat unclear due to FDA regulations, but many vendors still sell them across the state.

How much CBD can you have in NC?

There is no specific limit on how much CBD you can possess in North Carolina, as long as the CBD is hemp-derived and contains less than 0.3% THC, which aligns with both state and federal regulations.

Does CBD show on drug test in NC?

CBD itself generally does not show up on a drug test, but if the product contains trace amounts of THC, even below 0.3%, it could result in a positive test. It’s important to choose CBD products with no THC or use broad-spectrum or isolate products to avoid this risk.

Is CBD legal in North Carolina in 2024?

Yes, CBD is legal in North Carolina in 2024, as long as it is hemp-derived and contains less than 0.3% THC, in line with the 2018 Farm Bill and state laws.

Which states is CBD still illegal?

CBD derived from hemp is legal in most states, including North Carolina, but restrictions exist in states like Idaho and Nebraska, where hemp CBD products are only legal under specific conditions.

Why is Delta 8 legal in NC?

Delta 8 THC is legal in North Carolina because it is derived from hemp and contains less than 0.3% Delta 9 THC, adhering to the legal definition of hemp in the 2018 Farm Bill. However, there is ongoing debate regarding its legal status at the federal level.

Resources

  1. “Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015” https://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S313v5.pdf
  3. “Industrial Hemp Pilot Program in North Carolina” https://www.ncagr.gov/hemp/

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