Our state definition now tracks the federal definition in this way. More significantly, the definition of hemp now explicitly provides that “hemp” includes all extracts, derivatives, cannabinoids, isomers, and the like. A permit is still required to grow hemp, but North Carolinians must now apply to the U.S. Also gone is the requirement that hemp be produced and used in compliance with the rules issued by the now-defunct State Industrial Hemp Commission. Gone is the requirement that hemp be produced by a grower licensed by the State (although I can’t say I ever saw that requirement enforced). Marijuana is now defined to exclude hemp and hemp plants without limitation and without an expiration date under the new G.S. Hemp products are defined to include all products made from hemp under G.S. 90-87(13a) means all parts of the cannabis plant with no more than 0.3% delta-9 tetrahydrocannabinol (“THC”) on a dry weight basis. This statute has been amended to define hemp and hemp products and to change the definition of marijuana to specifically exclude those products. Thus, hemp is no longer defined by reference to agricultural law and is instead defined by our drug laws in Chapter 90 of the General Statutes. The laws in Article 50E of Chapter 106 creating an industrial hemp program expired on June 30 of this year and were not renewed. Under the former statutory scheme, “industrial hemp” was excluded from the definition of marijuana if it met the requirements of G.S. All the changes are directed at distinguishing legal hemp from marijuana. In short, the legislation permanently authorizes hemp and hemp products in the state. 2022-32 was passed on June 30, 2022, the same day that the previous laws authorizing legal hemp were set to expire. This post examines the current state of the law on hemp and marijuana. Many of the issues I’ve discussed here before remain unresolved, but there has been recent legislation and a new case impacting this area. It’s been nearly a year since I’ve written about cannabis issues in the state.
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