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State law considers hemp-derived products legal hemp if their delta 9 THC concentration doesn’t exceed 0.3% by dry weight. North Carolina legalized hemp in 2019.
In 2022, the state removed hemp from the definition of marijuana (SB 455) and defined hemp as Cannabis sativa with a delta 9 THC concentration of no more than 0.3% by weight.
The state aligned its hemp laws with the federal bill and doesn’t have a ‘total THC’ requirement for finished hemp products. In addition, there’s no explicit ban on THCa or THCA flower, so as long as the product meets the requirements for a finished hemp product, it’s legal in NC.
Hypothetically speaking, if North Carolina had a total THC law for finished hemp products and/or post-production hemp, then THCA flower would be illegal in this state.
The reason for this is that the state would test hemp flower and hemp products for their combined levels of delta 9 THC and THCA in the final product. This would make THCA flower unlawful as THCA’s complete conversion into THC would be taken into account.
In regard to the “total THC” rule imposed by certain states, it may go against federal law because it redefines hemp and hemp products as they are defined federally based on their delta 9 THC levels, not total THC levels.
Despite a few attempts to ban it, CBD flower and smokable hemp products are lawful in North Carolina. You can purchase smokable hemp products in this state without restrictions.
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