Is CBD Legal in North Carolina? State Hemp Rules in 2026

In short

As of November 5, 2026, hemp and hemp-derived CBD are legal in North Carolina. State law defines hemp as cannabis with no more than 0.3 percent delta-9 THC on a dry-weight basis, and it says marijuana does not include hemp or hemp products.^{[1, 2]}

North Carolina has not set up rules for how hemp products are tested, labeled, or sold, according to an April 2026 report by the Governor's cannabis advisory council. The report also says there is no statewide minimum age for intoxicating hemp-derived THC products.^[3]

A bill, House Bill 328, would change this. Its final compromise version would count THCA and delta-8 in a total THC limit, cap final products meant to be eaten or inhaled at 0.4 mg of total THC per container, and set a minimum age of 21. The Senate adopted that version on July 2, 2026, but as of November 5, 2026, the House had not voted on it, so it is not law.^{[4, 5, 6, 7]}

At a glance

How North Carolina law defines hemp

North Carolina's drug law defines hemp as the Cannabis sativa plant and any part of it, including its seeds, derivatives, extracts, cannabinoids, isomers, acids, and salts, with a delta-9 THC concentration of no more than 0.3 percent on a dry-weight basis. Hemp products include food, seed oil, fiber, and many other goods. The law says marijuana does not include hemp or hemp products. These definitions were last changed in 2022.^[1]

The state's list of Schedule VI drugs includes marijuana and THC. It makes an exception for THC found in a product with no more than 0.3 percent delta-9 THC on a dry-weight basis.^[2]

Both rules measure delta-9 THC only. In our reading, North Carolina law does not count THCA or delta-8 THC toward the 0.3 percent limit. The Governor's advisory council said in April 2026 that the state removed hemp from its list of controlled substances after the 2018 federal Farm Bill but did not create a full set of rules for how hemp products are made, tested, labeled, or sold.^{[1, 2, 3]}

The state's hemp pilot law was repealed effective June 30, 2022. Since then, hemp farmers get their licenses from the U.S. Department of Agriculture. The state Department of Agriculture says it no longer has the authority to license or regulate hemp producers and processors.^[11]

No state limits on THC, testing, labels, or age

The council's April 2026 report lists what is missing for intoxicating hemp-derived products. There are no limits on milligrams of THC per serving or per package. There is no required testing for potency, heavy metals, pesticides, mold, or leftover solvents.^[3]

The report says labels do not have to show THC content, ingredients, warnings, batch numbers, or the maker. It says there are no child-resistant packaging rules and generally no limits on packaging that appeals to children. It also says there is no statewide minimum age, so retailers are not legally required to check age before selling these products.^[3]

According to the report, no special state license is needed to sell these products. They are sold in many kinds of stores, from vape shops and gas stations to gift shops, with no limit on store numbers and no required distance from schools.^[3]

Bills that would change the rules (not law)

House Bill 328, "Regulate Hemp-Derived Consumables," is the main hemp bill of the 2025-2026 session. The Senate adopted a conference report, a final compromise version, on July 2, 2026, by a vote of 37 to 6. The report reached the House on July 30, 2026, and was sent back to the House Rules Committee the same day. As of November 5, 2026, the House had not voted on this version, and the bill had not become law.^[4]

The conference version would change the state definition of hemp to a total THC limit of 0.3 percent. Total THC would include THCA and other forms such as delta-8 and delta-10 THC, and the definition would leave out synthetic or chemically converted cannabinoids. It would make a final product meant to be eaten or inhaled a controlled substance if it has more than 0.4 mg of total THC per container or any synthetic or chemically converted cannabinoid. The bill text lists November 12, 2026, as the start date for this part, but it would apply only if the bill becomes law.^{[5, 6, 7]}

The same version would make it a crime to sell hemp-derived products meant to be eaten, swallowed, or inhaled to anyone under 21, or for anyone under 21 to have them. Sellers would face civil fines. Topical products would not be covered. It would also repeal the state's epilepsy hemp extract law and add rules for kratom.^[5]

Senate Bill 59 would also set an age of 21 for hemp-derived products meant to be eaten or inhaled, and for kratom. The Senate passed it on March 12, 2025, after a 44 to 0 vote. A House committee approved a new version on June 10, 2026, and sent it to the House Rules Committee. As of November 5, 2026, it had not become law.^{[9, 10]}

In June 2025, Governor Josh Stein asked the General Assembly to bar sales of products with intoxicating THC to anyone under 21, with photo ID checks, and to require packaging that shows how much THC a product has.^[13]

Marijuana and the epilepsy exception

Marijuana is a Schedule VI controlled substance in North Carolina. The council's April 2026 report says the state has no comprehensive medical cannabis program and has not legalized adult use. It says having half an ounce or less is a Class 3 misdemeanor, which usually means a fine, but it is still a criminal record unless it is later expunged.^{[2, 3]}

A narrow state law covers hemp extract for intractable epilepsy. A caregiver may possess and use an extract with less than 0.9 percent THC, at least 5 percent CBD, and no other psychoactive substance, if it is used only to treat intractable epilepsy and a certificate of analysis is kept close by.^[12]

The council's report notes that the Eastern Band of Cherokee Indians makes its own cannabis laws on the Qualla Boundary and opened a tribal dispensary in 2024. Marijuana stays illegal under state law outside tribal land.^[3]

The Governor's cannabis advisory council

Governor Stein created the North Carolina Advisory Council on Cannabis by Executive Order No. 16 on June 3, 2025. The order asks for the council's final recommendations by December 31, 2026, and stays in effect until May 31, 2027, unless it is rescinded earlier.^[14]

The council approved an interim report in April 2026. In October 2026, a subcommittee called bringing the unregulated hemp market under control a top priority and discussed regulating intoxicating THC in any form. These are proposals, not law. The council is advisory: its recommendations do not change the law by themselves.^{[3, 15, 16]}

How the federal hemp changes may affect North Carolina

Federal law changes in two steps. From November 12, 2026, products with cannabinoids the hemp plant cannot make naturally stop counting as hemp. The rest of the new definition, including total THC and a limit of 0.4 mg total THC per container, is set for December 11, 2026, unless Congress delays it again.^{[6, 7]}

North Carolina's definition states its own 0.3 percent delta-9 THC limit and does not point to federal law. In our reading, the federal change does not rewrite the state definition. Because the state sets no per-package THC limit of its own, the federal rules may become the main limit on what can be sold in the state. This is our reading, not a state statement.^{[1, 3, 6]}

What changes next

1. November 12, 2026

   Federal change on cannabinoids that plants cannot naturally make

   From November 12, 2026, products with cannabinoids the hemp plant cannot make naturally fall outside the federal definition of hemp. As of November 5, 2026, North Carolina had no state law on this.^{[6, 7]}

2. November 17, 2026

   Advisory Council on Cannabis meets

   The Governor's cannabis council has a full meeting scheduled in Raleigh. October subcommittee minutes describe it as the meeting to finalize recommendations.^{[16, 17]}

3. December 11, 2026

   Rest of the federal hemp change

   The rest of the federal change, including the 0.4 mg total THC per container limit, is set for December 11, 2026, unless Congress delays it again.^{[6, 7]}

4. December 2026

   Cannabis council final report due

   Executive Order No. 16 asks for final recommendations by December 31, 2026. October 2026 minutes list a council vote on the final report for December 15.^{[14, 16]}

Who regulates hemp and CBD

• North Carolina General Assembly: Writes state hemp law. House Bill 328 and Senate Bill 59 are pending there.
• North Carolina Department of Agriculture and Consumer Services, Plant Industry: Explains that hemp growers are licensed by the U.S. Department of Agriculture and that the state no longer licenses hemp producers or processors.
• North Carolina Advisory Council on Cannabis (staffed by the Department of Health and Human Services): Advisory body created by the Governor; studies and recommends cannabis and hemp rules. It does not make rules.

Timeline

1. June 30, 2022

   State hemp pilot law ends

   North Carolina's hemp pilot law was repealed effective June 30, 2022. Hemp farmers moved to licenses from the U.S. Department of Agriculture.^[11]

2. March 12, 2025

   Senate passes Senate Bill 59

   The Senate passed a bill that would set an age of 21 for hemp-derived products, after a 44 to 0 vote. It then went to the House.^[9]

3. June 3, 2025

   Governor creates cannabis advisory council

   Executive Order No. 16 created the North Carolina Advisory Council on Cannabis.^{[13, 14]}

4. April 2, 2026

   Council interim report

   The report describes the market for intoxicating hemp products as unregulated, with no minimum age, testing, labeling, or license rules.^{[3, 15]}

5. July 2, 2026

   Senate adopts House Bill 328 conference report

   The Senate voted 37 to 6 for a final compromise version that would add a total THC limit, a 0.4 mg per container cap for products meant to be eaten or inhaled, and an age of 21. As of November 5, 2026, the House had not voted on this version.^{[4, 5]}

6. July 30, 2026

   House Bill 328 sent back to House Rules Committee

   The conference report reached the House and was re-referred to the Rules Committee. As of November 5, 2026, the House had not voted on the report.^[4]

Sources

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.