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Delta-8 and Hemp THC Laws in North Carolina

How North Carolina law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Hemp-derived THC products are not controlled substances in North Carolina if they meet the hemp limit. G.S. 90-87(13a), (13b), (16); G.S. 90-94(b)(2)

Delta-8 and hemp THC productsHemp-derived THC products are not controlled substances in North Carolina if they meet the hemp limit. State law defines hemp by a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, excludes hemp and hemp products from the definition of marijuana, and excludes from Schedule VI tetrahydrocannabinols found in a product with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. The statutes read set no separate age limit, license or testing rule for hemp-derived THC products. Bills to set a 21 age limit and regulate hemp-derived consumables (House Bill 328, Senate Bill 59 and House Bill 468 of the 2025-2026 session) had not been ratified as of their bill pages in October 2026.
Schedule VI: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-94.html ; bill status: https://www.ncleg.gov/BillLookup/2025/H328 (Senate adopted conference report 7/2/2026; re-referred to House Rules 7/30/2026), https://www3.ncleg.gov/BillLookUp/2025/S59/True , https://www.ncleg.gov/BillLookup/2025/H468 .
Source: G.S. 90-87(13a), (13b), (16); G.S. 90-94(b)(2)

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FAQ

Is delta-8 legal in North Carolina?
Hemp-derived THC products are not controlled substances in North Carolina if they meet the hemp limit. State law defines hemp by a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, excludes hemp and hemp products from the definition of marijuana, and excludes from Schedule VI tetrahydrocannabinols found in a product with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. The statutes read set no separate age limit, license or testing rule for hemp-derived THC products. Bills to set a 21 age limit and regulate hemp-derived consumables (House Bill 328, Senate Bill 59 and House Bill 468 of the 2025-2026 session) had not been ratified as of their bill pages in October 2026.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.