Lately there has been some confusion when it comes to cannabis and where it stands legally. Is it a legal substance for the general public to consume? Or is it still a Schedule I drug according to the DEA? There’s two sides of that coin. Marijuana, which is the hallucinogenic property creating the sense of euphoric high in consumers, is still a Schedule I drug. But hemp is not. Let’s take a look at hemp and Delta 8 on the federal level as well as in North Carolina.
Delta 8
Hemp also comes from the cannabis plant but doesn’t contain Delta 9, which is the main cannabinoid found within the leaves, stems, and flowers that creates the euphoria. Because hemp doesn’t have any psychoactive properties or large levels of Delta 9 within it, then it is considered legal on the federal level.
This ruling has allowed for more cannabinoid products to be created and sold to the general public. A common cannabinoid product is CBD oil, but another that is up and coming in popularity on the market is called Delta 8.
Delta 8 is a cannabinoid similar to Delta 9. It offers some psychoactive properties that creates a sense of euphoria in it’s consumers, but to a lesser degree. Because of their structural differences, Delta 8 is said to be less potent and more controllable than Delta 9. This has caused a large increase in sales and positive reviews among consumers. And it’s all thanks to the Farm Bill.
Federal Law
The Farm Bill passed at the end of 2018 by the USDA and it added separated the definition of marijuana and hemp. Since the 1970s, the cannabis plant as a whole became a Schedule I drug. The bill states:
“The term ‘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, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
As long as a final product contains less than 0.3 percent Delta 9, its legal to produce, sell, and consume. There is a structural difference between Delta 8 and Delta 9. So, Delta 8 products contain less than 0.3 percent of Delta 9. This categorizes the cannabinoid as hemp and is federally legal.
But just because something is legal on the federal level doesn’t mean that it is legal in every state. Each state has their own rules and regulations when it comes to cannabis and hemp. It’s how some states have legalized medical cannabis and others haven’t. So, what does North Carolina state law say about hemp and Delta 8?
North Carolina State Law
North Carolina, like many other states, adopted the same definition of hemp as the Farm Bill. Specifically, the law states:
“‘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.”
This law goes into further definition of what hemp is, such as fiber, plastics, and fuel. This definition opens the avenue for more product creation for consumers. It also offers other options for products in the booming market right now.
However, laws are always subject to change. Research the laws in your state before purchasing and consuming any Delta 8 products.
Make sure to check back for more cannabis and hemp related news.