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Isn't weed illegal? What products are available now in NC?
Hemp and marijuana are products of the same plant, but they differ in the amount of THC or Tetrahydrocannabinol, the compound that gives a “high.”
The most abundant form of THC is called Delta-9. Another, less potent form is called Delta-8.
CBD, or cannabidiol, also found in marijuana, does not cause a “high,” but does have benefits for pain relief and anxiety control.
In North Carolina, marijuana is illegal, but the state does allow hemp products that contain .3% Delta-9 or less. Anything more than .3% is illegal. This loophole has allowed producers to sell intoxicating hemp products and sell them at dispensaries and convenience stores.
Hemp was considered marijuana until 2018 when Congress passed the 2018 Farm Bill, effectively legalizing hemp on a national level. But a loophole in the measure allowed producers to make and sell intoxicating substances from hemp including gummies, drinks, and vapes with THC-A, Delta-8, and Delta-9 chemicals, as well as non-intoxicating CBD products.
As part of the measure to reopen the federal government following the shutdown this fall, Congress approved a provision banning any product with more than .4 milligrams of any type of THC, a trace amount. In North Carolina, the change means products currently legal under the .3% rule would now likely be illegal. This includes CBD products, even though they are not intoxicating.
The ban is set to take effect in November 2026. Hemp growers and business owners say it would kill the multi-billion-dollar industry.
Why now?
The loophole allowing the sale of hemp products existed since the Farm Bill change in 2018, but some lawmakers said they did not intend to create an unregulated market for powerful intoxicating products.
Kentucky Senator Mitch McConnell (R) said he did not intend for an unregulated market to crop up when he sponsored the 2018 farm bill. McConnell inserted the provision in the federal funding measure that reopened the federal government in November.
Child advocates say hemp products are being marketed like candy, posing health risks to children who can’t tell the difference.
North Carolina Governor Josh Stein and Attorney General Jeff Jackson have spoken out against intoxicating hemp products, saying many are more potent than marijuana.
Governor Stein created an advisory council this summer “to develop a thoughtful and thorough approach to cannabis that is grounded in public safety and public health and that incorporates the expertise of relevant leaders and advocates …”
In October, Jackson and 37 other attorneys general asked Congress in a letter to regulate the market.
“It’s too easy for kids to walk into a gas station and buy a product that is unregulated and could be really harmful for them,” Jackson said in a statement in October.
The hemp industry pushes back
For farmers and sellers, hemp is a major cash crop. A 2023 report shows that North Carolina’s hemp industry ranks sixth in the country. Nearly 900 businesses are licensed by the federal Department of Agriculture to grow hemp. Find a list of North Carolina hemp growers here. If the new law stands, hemp producers and sellers say it would kill their business.
Some NC stores have encouraged customers to tell their personal stories to members of Congress. Sweet Union, a hemp company in Monroe, posted a video to Facebook calling on hemp users to share their stories.
The Hemp Industry and Farmers of America, a trade association representing hemp businesses, also called on members of the public to ask Congress for an extension of the one-year reprieve and for changes to how hemp is regulated.
While the change in federal law does allow an exemption for industrial fiber-hemp products, like clothing and building materials, those aren’t nearly as popular as flower-hemp products such as tinctures, gummies and drinks.
The debate over legalization
State lawmakers have tried to legalize medicinal marijuana in recent years, but have failed. Senator Bill Rabon, a Republican from Southport, led the effort, citing his marijuana use to help with pain during cancer treatments. But Republicans in the state House have blocked the measure.
At the federal level, President Trump signed an executive order changing cannabis from a Schedule I category to a Schedule III category under the Controlled Substances Act (CSA).
Schedule I drugs are deemed to have no accepted medical use and a high potential for abuse. Heroin, ecstasy and LSD are Schedule I drugs. Schedule III drugs have “a moderate to low potential for physical and psychological dependence,” and include drugs like Tylenol with codeine and testosterone.
The change doesn’t legalize recreational use, but it does open the door for increased use for medical purposes. The executive order also instructs executive department leaders and agencies to implement the new definition of cannabinoid products set out in the spending bill.
What's next
In response to the new law, Republicans and Democrats in Congress have introducedmeasures to regulate hemp products on a federal level. They say the industry is too large to shut down, but they agree the market needs to be regulated.
The proposals would set limits on how much THC can be in products, and allow the Food and Drug Administration to regulate how hemp products are marketed.
Want to share your thoughts with your representative? Find your congressperson.
Because the new measure does not go into effect until November of next year, hemp businesses continue to operate in the state and customers can continue to purchase products.
Interested in what’s next in NC? The Consumer Safety and Youth Protection Subcommittee of the Governor’s Advisory Council on Cannabis meets on January 9. Members of the public can attend virtually. Find more details and future meeting dates here.
This article first appeared on NCLocal and is republished here under a Creative Commons Attribution-NonCommercial 4.0 International License.
