US State

Cannabis and hemp laws

North Carolina

De facto possession decriminalization; no medical program

Adult use
Decriminalized
Medical
Illegal
Last reviewed
May 27, 2026

North Carolina

Cannabinoid status board

All states and compounds

Delta-10 THC

Legal

Limits

No statewide per-serving or per-package mg caps currently enacted for delta-10. Federal Farm Bill 0.3% delta-9 standard applies. Pending HB 328 (Senate version) would ban hemp cannabinoids other than delta-9.

Key law

N.C. Gen. Stat. §90-87 (hemp definition); N.C. Gen. Stat. §90-94 (tetrahydrocannabinols in hemp excluded from Schedule VI by S.L. 2022-32 / SB 455). No state synthetic-cannabinoid statute targeting hemp-derived delta-10.

Effective

June 30, 2022

Full rules

Delta-8 THC

Legal

Limits

No statewide per-serving or per-package mg caps currently enacted for delta-8. Federal Farm Bill 0.3% delta-9 standard applies. HB 328 (Senate-passed July 2, 2026) would cap hemp consumables at 0.4 mg total THC per container; House vote delayed until after the November 2026 election.

Key law

N.C. Gen. Stat. §90-87 (hemp definition); N.C. Gen. Stat. §90-94 (tetrahydrocannabinols in hemp excluded from Schedule VI by S.L. 2022-32 / SB 455). No state synthetic-cannabinoid statute targeting hemp-derived delta-8.

Effective

June 30, 2022

Full rules

Delta-9 THC

Legal

Limits

No statewide per-serving or per-package mg caps currently enacted. Federal Farm Bill 0.3% delta-9 dry-weight standard applies. HB 328 conference report (Senate-passed July 2, 2026, pending in House) would ban products exceeding 0.4 mg total THC and set a 21+ age floor.

Key law

N.C. Gen. Stat. §90-87 (hemp defined at 0.3% delta-9 by dry weight); N.C. Gen. Stat. §90-94 (tetrahydrocannabinols in hemp excluded from Schedule VI by S.L. 2022-32 / SB 455). No statewide mg cap on hemp delta-9.

Effective

June 30, 2022

Full rules

HHC

Legal

Limits

No statewide per-serving or per-package mg caps currently enacted for HHC. Federal Farm Bill 0.3% delta-9 standard applies to source hemp. Pending HB 328 (Senate version) would ban hemp cannabinoids other than delta-9.

Key law

N.C. Gen. Stat. §90-87 (hemp definition); N.C. Gen. Stat. §90-94 (tetrahydrocannabinols in hemp excluded from Schedule VI by S.L. 2022-32 / SB 455). No state statute specifically addresses HHC.

Effective

June 30, 2022

Full rules

THCA

Legal

Limits

No statewide per-serving or per-package mg caps currently enacted. Hemp must test at or below 0.3% delta-9 THC by dry weight at harvest. HB 328's conference version (0.4 mg total THC per container ban) passed the Senate July 2, 2026; House vote delayed to after the November 2026 election. SB 265 and HB 607 died.

Key law

N.C. Gen. Stat. §90-87 (hemp definition tracks federal Farm Bill); N.C. Gen. Stat. §90-94 (tetrahydrocannabinols in hemp excluded from Schedule VI by S.L. 2022-32 / SB 455)

Effective

June 30, 2022

Full rules

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North Carolina

Latest news and analysis

All news

September 5, 2026

DEA Emergency-Schedules Three 7-OH Compounds, Spares Botanical Kratom — and Draws the Line Congress Just Drew for Hemp

A temporary order puts three concentrated 7-hydroxymitragynine-related compounds in Schedule I through August 2028. Leaf kratom stays out — and the natural-versus-manufactured line DEA drew is the same one the federal hemp law uses, on a different clock.

Is THCA Legal? A State-by-State 2026 Guide

State-by-state THCA status as of August 2026 with deep dives for Alabama, Georgia, North Carolina, South Carolina, and Texas — plus what changes when the federal H.R. 5371 §781 total-THC rule takes effect December 11, 2026.

May 28, 2026

TSA Medical Marijuana by State: Where Patients Actually Get Arrested at the Airport in 2026

The variable that matters in 2026 is not the TSA page. It is the airport you land at. A 28-airport breakdown of permissive, discretionary, and prohibitionist enforcement, with the source-state and destination-state details patients actually need.

USPS Rules, Carrier Policies, and the December Hemp Ban Countdown

Consumer-facing hemp shipping in 2026: what's mailable through USPS, UPS, and FedEx, which destination states refuse delivery, what the December 11 federal hemp redefinition removes from the mailable category, and what happens if a package is seized.

Can You Bring Edibles on a Plane in 2026? TSA Rules for THC, Hemp and CBD Gummies

TSA does not search for edibles, but it refers illegal ones to law enforcement. The product, the arrival state and the Dec 11 federal hemp date decide the rest.

Is THCA Legal in NC? North Carolina Rules, HB 328 and the Federal Cutover

North Carolina's crackdown slipped past the election. The federal hemp definition did not. What NC retailers can sell now and which date changes first.

FAQ

Common questions

Is marijuana legal in North Carolina?

Recreational marijuana is decriminalized in North Carolina. Medical marijuana is not legal.

Is THCA legal in North Carolina?

Legal at hemp retail under the federal Farm Bill standard adopted into N.C. Gen. Stat. §90-87, with localized enforcement risk and a hemp-consumables crackdown (HB 328) now one House vote from the Governor's desk.

Is delta-8 THC legal in North Carolina?

Legal at hemp retail under the federal Farm Bill standard adopted into N.C. Gen. Stat. §90-87, with localized enforcement risk and pending 2025-2026 legislation that could ban most hemp-derived delta-8. North Carolina has no statewide mg caps or synthetic-cannabinoid restriction currently in force.

Is hemp-derived delta-9 THC legal in North Carolina?

Legal at hemp retail under the federal Farm Bill 0.3 percent delta-9 dry-weight standard adopted into N.C. Gen. Stat. §90-87, with localized enforcement risk and pending legislation that would ban most intoxicating hemp products.

This is general information, not legal advice.

Seed Legality

Marijuana fully illegal; viable seeds are 'marijuana' under G.S. 90-87 (only sterilized seed is excluded). Hemp seed lawful.
Hemp seeds
Legal
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

North Carolina has no adult-use or comprehensive medical program, and G.S. 90-87(16) defines marijuana to include the plant's seeds, excluding only sterilized seed incapable of germination — so selling, buying, or gifting viable marijuana seeds is trafficking in or possession of marijuana under G.S. 90-94/90-95. S.L. 2022-32 permanently removed hemp from the controlled substances schedules, and hemp seed and 'verified propagules for cultivation' from hemp varieties are lawful, with growers licensed directly by USDA since the state ceased running its own program. Sellers relying on the federal DEA 2022 seed interpretation face unresolved conflict with the state's genetics-based hemp-variety language.

Key law:
N.C.G.S. § 90-87(16), § 90-94; S.L. 2022-32
Last reviewed:
July 3, 2026
This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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