North Carolina laws regarding hemp
North Carolina Hemp Law Summary
Updated October 2025
Legal Definition of Hemp
Under Federal Law (2018 Farm Bill, 7 U.S.C. § 1639o) and North Carolina General Statute § 90-87,
“hemp” is defined as:
Any part of the Cannabis sativa L. plant, including its seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration not greater than 0.3% on a dry-weight basis.
Hemp and hemp-derived products that meet this definition are not controlled substances under North Carolina law.
Buying & Possessing Hemp in North Carolina
It is legal to purchase, possess, and transport hemp-derived products (including flower, pre-rolls, gummies, tinctures, and vapes) within the state as long as delta-9 THC remains at or below 0.3%.
You may buy these products over the counter or online, and you may carry them within North Carolina for personal or business use.
Smoking or Inhaling Hemp
Smoking hemp is not prohibited, but law-enforcement officers cannot easily distinguish hemp from marijuana by sight or smell.
- Because of this:
• Smoking hemp in public or in a vehicle may lead to temporary detention or search until THC content is confirmed.
• There is no specific North Carolina statute banning hemp smoking, but using it publicly may still attract law-enforcement attention. - For best practice:
• Smoke or vaporize hemp in private settings only.
• Keep product packaging or Certificates of Analysis (COA) showing ≤ 0.3% Δ9-THC in case verification is needed.
Hemp Extract (CBD) Products
Separate provisions under G.S. 90-94.1 cover “hemp extract” used primarily for wellness purposes.
That statute allows extracts containing:
• Less than 0.9% THC, and
• At least 5% CBD,
when produced and possessed in accordance with state and federal regulations.
Transporting Hemp
You may transport hemp within the state if:
• The product meets the federal definition of hemp (≤ 0.3% Δ9-THC).
• You can provide documentation from the manufacturer or COA verifying compliance.
Interstate transport of federally compliant hemp is also protected under the 2018 Farm Bill.
What’s Still Illegal
• Any cannabis product that exceeds 0.3% Δ9-THC by dry weight is considered marijuana and remains illegal under both state and federal law.
• Synthetic cannabinoids or chemically modified THC variants not derived from hemp (e.g., certain lab-created analogs) are not protected by these laws.
• Selling hemp products as a food or beverage additive remains subject to FDA and state restrictions.
References
• 2018 Farm Bill — 7 U.S.C. § 1639o-s
• North Carolina General Statutes:
• § 90-87 (Definitions; hemp exclusion)
• § 90-94.1 (Exemption for hemp extract)
• Session Law 2022-32 (S.B. 455) — aligned NC law with the federal definition of hemp
Legal Disclaimer
This summary is for educational and informational purposes only.
It does not constitute legal advice and should not be relied upon to determine compliance with local or federal law.
For specific legal guidance, consult a licensed North Carolina attorney familiar with hemp regulation.