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HEMP & CBD LAWS
North Carolina CBD and Marijuana laws explained. North Carolina, in spite of having laws that allow the limited use of marijuana for medical purposes, access to marijuana is so prohibitive that the state isn’t considered to have legalized medical marijuana.
House Bill 1220, the Epilepsy Alternative Treatment Act, signed into law in 2014 by Governor Pat McCrory, and House Bill 766, the Amendment to Epilepsy Alternative Treatment Act signed into law in 2015, provide a limited medical program which fails to provide an in-state source for cannabis extracts.
If you are considering using CBD for any condition, be sure to do your homework before purchasing. You can find an array of products on amazon and other websites, but it may be hard to make a decision.
Is CBD Legal in North Carolina?
Yes, as long as the CBD oil is derived from Hemp. Hemp-derived CBD products are legal under Federal Law in the United States. Even so, there has still been some confusion with this law and dispensaries have had trouble getting CBD products on their shelfs.
IS MEDICINAL MARIJUANA LEGAL IN NORTH CAROLINA?
Short answer: it is complicated. Medical marijuana is technically legal, allowing diagnosed patients with intractable epilepsy access to the medicated extracts. Said extract has to be CBD oil with at least 5% cannabidiol (CBD) and less than 0.9% tetrahydrocannabinol (THC).
There are no provisions to produce or distribute the cannabis oil within the state.
To qualify, patients should be under the care of a state-approved neurologist who has tried three or more treatment options that failed. Also, patients need to have a caregiver registered on their behalf that can be a parent, legal guardian, or custodian.
IS RECREATIONAL MARIJUANA LEGAL IN NORTH CAROLINA?
No, it is not legal to possess, consume, sell, or even gift, any amount of marijuana outside approved use.
CAN YOU MAIL CBD OIL IN NORTH CAROLINA?
Yes, as long as the CBD oil is derived from Hemp. Hemp-derived CBD products are legal under Federal Law in the United States.Tax Rates and Past Revenue
Due to the current laws, there isn’t any data regarding tax revenue and rates since the allowed CBD product is exempted from taxes in the state of North Carolina.
That said, the state does have a stamp tax that applies to any form of transportation of marijuana cataloged as contraband. This is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed).
By the current law, those who buy, transport, or import marijuana into Utah are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. Since possession is illegal in the state, people who are convicted of possession will also be liable for payment of the unpaid taxes, $40 for each gram or portion of a gram. The penalties for non-payment of tax stamp fees in both a civil and criminal offense, and comes with a 140% hike in taxes, plus interest payments.
