Is CBD (Cannabidiol, hemp-derived) Legal in North Carolina? (2026)

Edible / ingestible

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in North Carolina as edible / ingestible. North Carolina: CBD ingestibles legal under the 0.3% delta-9 hemp definition; no retail rules. Controlling source: N.C. Gen. Stat. 90-87.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled
Effective
2022-07-01

What the record says

G.S. 90-87(13a) defines hemp at 0.3% delta-9 THC dry weight, (13b) defines hemp products to include food, and (16) excludes hemp and hemp products from marijuana. No statute licenses CBD retail, sets an age limit, or bans CBD food or pet products. HB 328's conference report (total THC, 0.4 mg per container, 21+) was adopted by the Senate in July 2026 but not by the House. Applies to CBD ingestibles (oil/tincture, capsules, gummies, drinks). Limit noted: 0.3% delta-9 THC. Pending: HB 328 conference report (21+, total THC, 0.4 mg per container) not adopted by the House; not law. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.

Source of excerpt

Citations

  1. N.C. Gen. Stat. 90-87 (North Carolina General Assembly, 2026-10-07) PRIMARYOFFICIAL
  2. HB 328 conference report (North Carolina General Assembly, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Flower / raw plant

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in North Carolina as flower / raw plant. North Carolina: hemp defined by delta-9 THC only; no smokable hemp ban or age limit in force. Controlling source: N.C. Gen. Stat. 90-87.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled
Effective
2022-07-01

What the record says

G.S. 90-87(13a) defines hemp as Cannabis sativa and any part of the plant with a delta-9 THC concentration of not more than 0.3% on a dry weight basis, and 90-87(16) excludes hemp and hemp products from marijuana; there is no named smokable hemp ban, license requirement for retailers, or statewide 21+ rule. HB 328's conference report would move to total THC, add a 0.4 mg per container cap and a 21+ rule, and expressly reach inhaled products; it stalled in the House as of July 2026 reporting. Penalty: none specific; product over 0.3% delta-9 is marijuana. Watch HB 328 if the House reconvenes. Applies to CBD cigarettes, pre-rolls and flower. Flags: sale ban False, manufacture-only ban False, shipping ban False, 21+ False, license False, total-THC flower test False. Pending: HB 328 conference report (adopted by Senate July 2026, not adopted by House as of reports) would add 21+ (eff. 2026-07-15), total THC hemp definition and 0.4 mg per container cap (eff. 2026-11-12) and cover inhaled products; not law. Federal: hemp redefinition limiting hemp-derived products to 0.4 mg total THC per container now takes effect 2026-12-11 (moved from 2026-11-12 by H.R. 6500, signed 2026-09-02, per Foley Hoag Sept 2026); a 0.3% total-THC pre-roll can exceed 0.4 mg per container.

Controlling language, verbatim

with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%)

Source of excerpt

Citations

  1. N.C. Gen. Stat. 90-87 (North Carolina General Assembly, 2026-10-07) PRIMARYOFFICIAL
  2. HB 328 conference report (2025 session) (North Carolina General Assembly, 2026-10-07) PRIMARYOFFICIAL
  3. N.C. Gen. Stat. 90-87(13a), (13b), (16) PRIMARYOFFICIAL
  4. North Carolina Considers Overhauling Hemp Product Definition (July 2, 2026) (Ward and Smith, 2026-10-07)OTHER
  5. A Temporary Reprieve for Hemp-THC Products... But what now? (Foley Hoag, Sept 2026) (Foley Hoag LLP, 2026-10-07)OTHER

Other

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in North Carolina as other. No state hemp rule for pet CBD; treats fall under general commercial feed registration. Controlling source: N.C. Gen. Stat. 90-87.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled
Effective
2022-07-01

What the record says

No state hemp statute or rule addresses pet products. Pet treats are commercial feed under state feed law, and AAFCO has no hemp/CBD ingredient definition, so feed registration of CBD treats can be refused (interpretive, not a named ban). Applies to CBD pet products. Limit noted: None in hemp law; state commercial feed law applies to treats. Pending: HB 328 conference report (21+, total THC, 0.4 mg per container) not adopted by the House; not law. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.

Source of excerpt

Citations

  1. N.C. Gen. Stat. 90-87 (North Carolina General Assembly, 2026-10-07) PRIMARYOFFICIAL
  2. HB 328 conference report (North Carolina General Assembly, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Topical

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in North Carolina as topical. North Carolina: no state rule on CBD topicals. Controlling source: N.C. Gen. Stat. 90-87.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled
Effective
2022-07-01

What the record says

G.S. 90-87(13a) defines hemp at 0.3% delta-9 THC dry weight, (13b) defines hemp products to include food, and (16) excludes hemp and hemp products from marijuana. No statute licenses CBD retail, sets an age limit, or bans CBD food or pet products. HB 328's conference report (total THC, 0.4 mg per container, 21+) was adopted by the Senate in July 2026 but not by the House. Applies to CBD topicals. Limit noted: 0.3% delta-9 THC. Pending: HB 328 conference report (21+, total THC, 0.4 mg per container) not adopted by the House; not law. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.

Source of excerpt

Citations

  1. N.C. Gen. Stat. 90-87 (North Carolina General Assembly, 2026-10-07) PRIMARYOFFICIAL
  2. HB 328 conference report (North Carolina General Assembly, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Status by product form in North Carolina

FormStatusHeadlineVerified
Edible / ingestible LegalNorth Carolina: CBD ingestibles legal under the 0.3% delta-9 hemp definition; no retail rules.2026-10-08
Flower / raw plant LegalNorth Carolina: hemp defined by delta-9 THC only; no smokable hemp ban or age limit in force.2026-10-08
Other LegalNo state hemp rule for pet CBD; treats fall under general commercial feed registration.2026-10-08
Topical LegalNorth Carolina: no state rule on CBD topicals.2026-10-08

Where CBD (Cannabidiol, hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among North Carolina's 4 neighbors, Georgia, Tennessee and Virginia are restricted; South Carolina is legal.

Map and neighbor comparison show edible / ingestible. Open the interactive map · Every compound in North Carolina

Federal posture

Federal gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail

Pending deadlines

  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    From Dec 11, 2026 a final hemp product with more than 0.4 mg combined total THC (THCA included) per container is not hemp; full-spectrum CBD oils, gummies, topicals and pet products over 0.4 mg, and CBD flower and pre-rolls (0.3% total THC can exceed 0.4 mg per package) become marijuana federally. THC-free and broad-spectrum products at 0.4 mg or less stay hemp. Cannabinoids synthesized outside the plant are excluded.

Verbatim law on file for North Carolina

2 instruments on file for this compound's framework in North Carolina; 12 of 14 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

N.C. Gen. Stat. 90-87(13a), (13b), (16) · N.C. Gen. Stat. 90-87(13a), (13b), (16)OFFICIAL
Instrument
N.C. Gen. Stat. 90-87(13a), (13b), (16)
Source
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-87.html
Retrieved
2026-10-07
Fingerprint
7da42f1f4b5f1efc
90-87(13a) ["Hemp" means] "the plant Cannabis sativa (L.) and any part of that plant" [...] "with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%)" "on a dry weight basis." (13b) ["Hemp products" means] "all products made from hemp, including, but not limited to, cloth, cordage, fiber, food, fuel" [...]. (16) [Marijuana] "The term does not include hemp or hemp products." [Bracketed spans summarized.]
N.C. Gen. Stat. Sec. 90-87(13a) and (16) (North Carolina Controlled Substances Act - Definitions) · N.C. Gen. Stat. Sec. 90-87 - Definitions ('Hemp', 'Hemp products', 'Marijuana')OFFICIAL
Instrument
N.C. Gen. Stat. Sec. 90-87 - Definitions ('Hemp', 'Hemp products', 'Marijuana')
Source
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-87.html
Retrieved
2026-07-02
Fingerprint
70c77d00142ac889
(13a) "Hemp" means the plant Cannabis sativa (L.) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.

(13b) "Hemp products" means all products made from hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and verified propagules for cultivation if the seeds originate from hemp varieties.

(16) "Marijuana" means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. The term does not include hemp or hemp products.

Related

CBD (Cannabidiol, hemp-derived) in neighboring states

CBD (Cannabidiol, hemp-derived) in other states

Same framework in North Carolina

Other compounds in North Carolina

Cite this page

Compound Analytics. "Is CBD (Cannabidiol, hemp-derived) Legal in North Carolina? (2026)." Compound Laws, https://compoundlaws.com/compounds/cbd/north-carolina/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

About · Methodology · Glossary · Changes · Data & API · llms.txt · Sitemap