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May 16, 2023

Is Delta 9 Legal in NC?

Estimated Read Time: 10 min

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By Valerie Orta on May 16, 2023

North Carolina residents can legally buy and use Delta 9 products made from hemp. Here we dive into Delta 9 laws in NC.

The past few years have been quite a ride for anyone who enjoys the benefits of hemp as they grapple with the ever-changing landscape of Delta 9 legality. Many states have already jumped on board and allowed the use of some form of Delta 9 within their borders, while others are still in the process of crafting the laws. So, what's the deal with Delta 9 in North Carolina?

Key Takeaways:

  • The 2018 Farm Bill made hemp-derived Delta 9 products federally legal if they contain less than 0.3% Delta 9 composition on a dry weight basis.
  • Hemp-derived Delta 9 is legal in North Carolina if it complies with the 2018 Farm Bill.
  • Medical and recreational use of Delta 9 products remains illegal in North Carolina.
  • You can travel to North Carolina with legally obtained Delta 8 and Delta 9 products.

Suppose you're considering a move to the beautiful state of North Carolina or are already a resident. In that case, you might wonder whether Delta 9 is legal and if you can enjoy it without any worries. Well, the good news is that some Delta 9 is indeed legal.*

But there are some conditions you need to be aware of, so you should take time to understand the legal landscape surrounding Delta 9 in NC.

What is Delta 9?

Delta 9 is a compound in cannabis plants called a cannabinoid. Cannabinoids have become well-known because of their potential health benefits, which we've better understood over the past few years. Of the more than 100 cannabinoids in the plant, Delta 9 is the most famous.

Delta 9 is best known for its potent elevating and euphoric effects. People often use Delta 9 to help quiet a busy mind, soothe body tightness, or help them get to sleep more quickly.

Are Delta 9 and Delta 8 the Same?

It's easy to be confused by the many cannabinoids the hemp plant produces. Despite their similar names, Delta 9 and Delta 8 are different. They are two of the many types of THC produced by the plant.

Delta 8 is an isomer of Delta 9. The two share many similarities, including an almost similar chemical structure, with the only difference being the location of the double bonds.

However, they have distinct differences and offer varying effects and benefits. For example, Delta 8 produces milder uplifting results and appeals most to fans who are just starting to experiment with uplifting cannabinoids, while Delta 9 is more potent.

The nature of the effects is also different. Delta 8 is said to have more calming and mood-boosting effects, while Delta 9 delivers more substantial relaxation benefits.

It's also worth noting that Delta 8 products can contain a high concentration of Delta 8, whereas all hemp products are only allowed to have a maximum of 0.3% Delta 9 by dry weight.

What Are the Effects of Delta 9?

The most documented effect of Delta 9 has been its powerful, uplifting effects. But as we hear more reports from actual users, it becomes clearer that Delta 9 has some exciting wellness benefits.

Relaxation benefits

Delta 9 gummies and other products have powerful relaxation benefits that can help you unwind better at the end of the day or on weekends. The cannabinoid delivers both mind and body relaxation to help when feeling on edge or tense.

Healthy appetite support

Most people that have taken Delta 9 have reported healthier appetite improvements. In addition, by directly binding with the body's cannabinoid receptors, it may help provide a sense of joy when eating.

Sleep support

While the direct impact of Delta 9 on sleep is still being studied, it's clear that some of its benefits create an ideal environment for you to fall asleep faster and enjoy longer and more restful nights. Delta 9 induces relaxation, peace, and tranquility when taken in small amounts. It can help calm your mind, promoting better sleep quality. Additionally, Delta 9 may alleviate body tightness and soreness, allowing you to sleep through the night more comfortably.

Natural relief

Another widely reported benefit of Delta 9 is its body-soothing properties. Extensive research has explored its potential as a powerful way to ease tightness and soreness. Moreover, Delta 9 positively influences the body's endocannabinoid system, leading to more efficient immune system responses. This may help promote natural relief and support your overall well-being.

It's worth noting that Delta 9 may interact differently with individuals due to various biological factors. As a result, your personal experience with Delta 9 may vary slightly.

Is Delta 9 Legal in NC?

Yes, Delta 9 is legal in North Carolina. But the Delta 9 must come from hemp and makeup at most 0.3% of the product.

The passage of the 2018 Farm Bill legalized hemp Delta 9 at the federal level. The bill legalizes hemp and hemp-derived compounds and clearly distinguishes them from marijuana, which remains an illegal and controlled substance.

According to the Farm Bill, hemp is defined as cannabis plants that contain less than 0.3% of THC on a dry weight basis. Marijuana is a plant that exceeds the 0.3% limit.

Some US states have embraced the federal law, while others have either regulated hemp and its cannabinoids differently or rejected the law altogether. The Tar Heel State is among those that accepted it, confirming that hemp-derived Delta 9 is legal in the state.

Following the Farm Bill, NC lawmakers passed Senate Bill 352, which amended the state's Controlled Substances Act to exclude all hemp-derived compounds, including Delta 9.

Below are the sections of SB 352 outlining the legality of Delta 9 THC in North Carolina:


90-87. Definitions.

(13a) "Hemp" means the plant Cannabis sativa (L.) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis.

(13b) "Hemp extract" means an extract from hemp, or a mixture or preparation containing hemp plant material or compounds, within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis.

(13c) "Hemp product" means any product within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption as approved by the United States Food and Drug Administration or the United States Department of Agriculture, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. "Hemp product" does not include smokable hemp.

(16) "Marijuana" means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. The term "marijuana" also includes smokable hemp.

The term does not include hemp when in the possession, custody, or control of a person who holds a license permitting that person to cultivate or handle hemp, hemp products, or hemp extracts. A licensed cultivator or licensed handler may possess raw hemp plant material for the purpose of (i) selling the raw hemp plant material to a licensed handler or a person who may legally receive the raw hemp plant material in that person's jurisdiction or (ii) processing the raw hemp plant material into a hemp product or hemp extract.

Delta 9 gummies that are legal in NC

Is Marijuana Delta 9 Legal in North Carolina?

The use and distribution of Delta 9 from marijuana is illegal in North Carolina. Additionally, possessing marijuana or marijuana compounds in NC can lead to civil and criminal penalties.

Having marijuana less than 0.5 oz is a misdemeanor that attracts a $200 fine. Anything between 0.5 and 1.5 oz can get you a 45-day jail time and a $1000 fine. More significant amounts of up to 10 oz are a felony offense that attracts a $1000 fine and up to 8 months of jail time.

However, there is a bill currently in the Senate seeking to reform the state's laws which could change the legal landscape in NC.

Things to Look Out For When Buying Delta 9 in NC

Now that you're aware that hemp-derived Delta 9 is legal in North Carolina, you have the freedom to purchase it either in person or online. However, it's crucial to remember that just because Delta 9 is legal doesn't automatically make it high quality. The responsibility of ensuring the purity and safety of the Delta 9 products you buy rests solely on your shoulders. Before making any purchases in NC, there are several factors you should consider:

  • Legal requirements: To be considered legal in North Carolina, Delta 9 products must contain less than 0.3% Delta 9 THC and be derived from hemp. It's essential to be cautious because certain brands may market their products as legal when they have higher THC concentrations, which could potentially cause legal issues and a bad experience for you. Stay vigilant and verify the THC content before making a purchase.
  • Safety considerations: Hemp is a highly absorbent plant that can absorb nutrients and toxins from its surroundings. Therefore, ensuring that the Delta 9 edibles and other products you purchase are safe is crucial. Check whether the manufacturer uses harmful chemicals such as herbicides or pesticides during cultivation, as these can end up in the final product and cause adverse effects. Prioritize brands that grow their hemp organically to minimize the risk of ingesting toxins.
  • Extraction method: Consider the extraction method used when buying Delta 9 products. The CO2 extraction method is regarded as the safest and most effective. Brands that prioritize CO2 extraction are demonstrating a commitment to delivering high-quality products rather than prioritizing quick profits. This method ensures the purest and most consistent results, although it may come at a higher cost.
  • Customer reviews: When purchasing Delta 9 THC, see what others say about their experience. Most online shops will feature customer reviews that can give you an idea of what to expect. You may also find reviews about a product's quality and safety on third-party sites.
  • Lab testing: Don't compromise on lab tests when purchasing Delta 9 products in NC. These tests are essential for ensuring your products are free from harmful compounds and contain the appropriate levels of Delta 9 THC. Reputable brands make their certificates of analysis (CoAs) easily accessible, providing all the necessary information before purchasing. If a brand makes it difficult to access CoAs, consider it a significant red flag.

Shop Delta 9 in North Carolina

You can buy legal Delta 9 products in local NC shops that carry hemp products or in online shops from the convenience of your home. Today, you can get these products delivered right to your doorstep.

* Legal disclaimer: The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change without notice. This article was last updated in May 2023, and laws are different from state to state and are constantly evolving. Please consult an attorney where you live for verification of the legal status of Delta 9 products.

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