Seventy-three percent of North Carolina voters support legalizing medical marijuana, and more than half support recreational marijuana legalization. Sixty-four percent say legalizing marijuana would help our economy. However, in the meantime, while we wait for legalization, there is a profitable new hemp product: Delta 8. This byproduct of hemp manufacturing is popping up in gas stations, CBD, and tobacco stores all across the state. (1) However, the question remains whether hemp products like Delta 8 are safe or legal. Let’s look at the evidence.
What Are the Hemp Products?
The products come in many forms and flavors, including gummies, concentrates, vapes, and smokable hemp soaked in delta 8 oil. They often contain THC equal to that in marijuana.
According to C&EN, “Delta-8-THC produces euphoric effects that are similar to but milder than those of delta-9-THC. Delta 9 THC is the well-known psychoactive compound in cannabis… The only difference between the two molecules is the location of a double bond between two carbons.”
Why Is It Legal?
The 2018 Farm Bill allows hemp cultivation and explicitly allows the transfer of hemp-derived products across state lines for commercial or other purposes. If produced legally, it also puts no restrictions on selling, transporting, or possessing hemp-derived products. Farmers can grow hemp with less than 0.3% THC if the North Carolina Department of Agriculture licenses them. Hemp-derived CBD with less than 0.3% THC is legal.
However, many of the products abounding in our state have levels of THC exceeding .3% because it is not delta 9 THC. Because these products contain Delta 8 THC, some products in our state boast a THC level of 51%. According to a local seller, WayofLeaf, “For now, at least, delta 8 THC is legal in NC. However, the cannabinoid must come from industrial hemp that doesn’t contain more than 0.3% delta 9 THC.” Even though hemp-derived delta 8 THC remains legal, delta 9 THC from cannabis is not permitted.
While we don’t know what laws the future holds, for now, law enforcement is not cracking down on the sale of Delta 8 hemp products in North Carolina.
What Is the Danger?
Producing Delta 8 involves a chemical extraction process. According to C&EN, “regulators should require manufacturers to reveal what chemicals they use to make delta-8-THC and what compounds are in their final products.” If the industry is not regulated, we could see a situation similar to the candy-flavored tobacco vapes that caused lung cancer in teenagers a few years back across the nation.
While Delta 8 may not be dangerous in and of itself, the chemicals used to extract it from CBD could be. These chemicals can include:
- Toluene
- Heptane
- P-toluenesulfonic acid
- Other acids that serve as a catalyst
- Residual metals
- Olivetol
- Dichloromethane (methylene chloride)
Some companies care about what they produce and how it could affect others. Then some companies care only about their bottom line. It makes sense for users to vary their type of product and watch out for any side effects.
Who Enforces Marijuana Laws?
The enforcement of marijuana laws in North Carolina happens all across the state as police officers, county sheriffs, and highway patrol officers make arrests. Smokable delta 8 hemp may smell like marijuana and cause your arrest for drug charges. If this happens to you, contact a criminal defense attorney knowledgeable in marijuana defense immediately.
If arrested for possession, consumption, or trafficking of marijuana, it is important not to say anything about what you have done. Keep your comments limited to “I want to cooperate but will not talk about what happened until after I see my attorney.” Make sure not to discuss your case with other inmates or on any phone calls or texts.
Attorneys may often negotiate with prosecutors to reduce or even dismiss your charges. If there is no proof that officers smelled genuine marijuana, an attorney may argue that you could have been smoking legal hemp. This argument is one possible defense in an experienced attorney’s arsenal. A knowledgeable attorney will also look at the circumstances surrounding your arrest, the constitutionality of any searches or seizures, and any attempts by officers to usurp your rights.
We Can Help
If you’re facing a marijuana drug charge, contact our experienced drug charges criminal law attorneys for a free consultation. Our team brings formidable knowledge of the law to your case. With our experience as a former prosecutor, we thoroughly investigate the circumstances surrounding your arrest, including the constitutionality of all warrants, searches, seizures, and arrests. Contact us today and find out how we can help you.
