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.
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
Best CBD Oil in North Carolina
Best CBD Shops in North Carolina
CBD oil shops are sprouting up across the country, and North Carolina is no different, with CBD oil outlets available throughout the state and more on the way. For now, Asheville, Hickory, Wilmington, Charlotte and Sanford are your best bets for CBD oil storefronts, but North Carolina has a growing online and wholesale CBD community that ships anywhere in the state at affordable rates. (Some shops offer free shipping on select orders.)
Our favorite CBD product can be purchased online for delivery to North Carolina:
More and more people are using CBD and this will mean that more and more stores will be selling CBD products in North Carolina. Expect to find stores in cities like Charlotte, Raleigh, Greensboro, Durham, and Winston-Salem. You may also find CBD shops popping up in Fayetteville, Cary, Wilmington, High Point, and Greenville.
Is CBD Legal in North Carolina?
North Carolina has taken one of the strongest stances against cannabis and its derivative uses in the country. The state’s laws are very restrictive in nature. Many bills have been proposed in the state to legalize medical marijuana use, but so far, all have been unable to pass. In 2014, the North Carolina Epilepsy Alternative Treatment Act was enacted. This allowed registered patients with intractable epilepsy to have access to marijuana-derived CBD with a THC content between .3% and .9%. Higher THC concentrations were reserved for more severe cases. Patients were also required to be diagnosed by a neurologist at one of four state universities. Recreational use for marijuana-derived CBD is a hard no.
Industrial hemp cultivation was illegal in the state of North Carolina as well, until a hemp bill was passed in 2015 that allowed eligible growers to enter into the state’s agricultural pilot program. Since this bill has passed, the sale and possession of hemp-derived CBD products have also been confirmed by state law to be legal, opening up a large market for specialty CBD products all across the state and, in particular, the state’s largest urban areas. One of our favorite companies, CBDmd, is based in Charlotte!
CBD Shops in Asheville
Asheville has a couple of options for CBD oil customers.
Blue Ridge Hemp (61 1/2 N Lexington Ave, Asheville, NC 28801) is conveniently located in the heart of downtown, right off Biltmore Avenue. Blue Ridge’s unique hemp-derived CBD oil products are combined with Terpene rich botanicals and sourced sustainably and ethically. (All their CBD products are certified eco-friendly, vegan, non-GMO, and not tested on animals.) First time customers earn a discount on purchases, and the company offers free 2-3 day shipping on all online orders over $55. Prices are competitive, and customer service is great. For those interested, Blue Ridge Hemp also offers an affiliate program, in which customers can earn commissions by referrals and promotions. Open seven days a week, 11AM-6PM.
Carolina Hemp Company (108 Elk Park Dr, Asheville, NC 28804) is a wholesale distributor of high-quality hemp goods, including CBD oils, liquids, topicals, and other hemp-derived products. With a 4.9-star Google rating, customers rave about Carolina Hemp’s helpful and knowledgeable staff, fast shipping, affordable pricing, and overall excellent CBD products, including brand names like Green Remedy, Cannasmack, Hemp Co, Ecolution, Green Vein Kratom, and the aforementioned Blue Ridge Hemp.
CBD Shops near Charlotte
The Magic Pipe (808 Conover Blvd W, Conover, NC 28613) is located right on Highway 70, offering a huge variety of hemp products – CBD oils, e-juices, premium e-juices – plus water pipes, vaping devices, mods, and more. The big draw here is prices – some of the cheapest CBD products in North Carolina. Open 6 days a week, Monday-Saturday 10AM-9PM.
CBD Shops in Wilmington
Hemp Farmacy (117 Grace St, Wilmington, NC 28401) is your go-to CBD shop in Wilmington, with 4.9 stars on Google and a swell of avid customers. Reviewers note a friendly, highly informative staff that’s eager to help you choose the right CBD products for your needs, including CBD oils, hemp extract, CBD vape liquid, capsules, CBD crystals, CBD extracts, CBD dabs, topical skin treatments, CBD pain relief patches, and more. In addition to a large first-floor store, Hemp Farmacy also has a unique educational loft offering free classes for those interested in learning more about hemp products. Customers are also welcome to shop online.
CBD Shops near Raleigh
A1 Vapor Shop (915 Keller-Andrews Rd, Sanford, NC 27330) in Sanford offers a wide range of hemp and hemp-derived goods, including premium CBD oils, e-liquids, creams, lotions, and more. Great hours as well! Open seven days a week: Monday-Thursday 9AM-10PM; Friday-Saturday 9AM-11PM; Sunday 12PM-9PM.