On 4/20, here's what's legal, what's pending when it comes to pot, hemp and CBD in NC
Wednesday is April 20, a date (4/20) with special meaning in cannabis culture.
Although there are many origin stories about the connection, it's widely believed 4/20 began in 1971 when a group of five students at San Rafael High School in California would say "4/20" to each other in the hallways. Then, the group would meet at 4:20 p.m. to smoke cannabis.
Defining cannabis, hemp, marijuana and CBD
Cannabis is a cannabinoid drug. Generally, there is not a difference between marijuana and cannabis. Cannabis typically describes cannabis products in general.
Marijuana specifically refers to cannabis products made from dried flowers, leaves, stems and seeds of a cannabis plant that contain substantial amounts of tetrahydrocannabinol (THC). THC is the substance that’s results in a "high" after smoking marijuana.
In North Carolina, the term "marijuana" does not include industrial hemp.
Marijuana contains both CBD and more THC than hemp.
t has been shown to have therapeutic benefits for people with epilepsy, nausea, glaucoma and possibly even multiple sclerosis and opioid-dependency disorder.Hemp has 0.3% or less THC, meaning hemp-derived products don't contain enough THC to create the high typically associated with marijuana.
CBD is a compound found in cannabis that does not contain THC, thus does not result in a high when ingested.
Growing marijuana in North Carolina is a felony, regardless of how much is grown. Possession of any amount of marijuana is a crime in North Carolina, but small amounts only amount to a misdemeanor charge and a fine.
North Carolina's hemp law to expire at end of June
This year, 4/20 also marks just about two months before North Carolina's law making it legal to grow and sell hemp is set to expire. State statute 106-568.50 is set to expire on June 30, and that would remove legal protections for hemp. However, hemp has been legalized at the federal level.
“North Carolina has been a great hemp state,” said attorney and cannabis advocate Rod Kight. “You get CBD and other hemp products from hemp.”
North Carolina farmers can still grow hemp if they've registered with the U.S. Food and Drug Administration, but the legal status of their harvest will be up in the air.
“There will be no laws on the books whatsoever involving the legal status of hemp,” Kight said.
Kight said he believes it’s important for the state to have some legal protection.
“Hemp is legal,” Kight said. “It has been removed from the Controlled Substances Act of North Carolina.”
Controlled substances have stimulant, depressant, or hallucinogenic effects on the higher functions of the central nervous system, and tend to promote abuse or physiological or psychological dependence. Hemp, with its lower levels of THC, is unlikely to have that kind of effect.
Raleigh-based store The Hemp Company sells CBD products derived from hemp. Store owner John Boccella said the store sells edibles, smokable products and vapes. Kight said the products help people with pain, sleeplessness and anxiety.
"We pride ourselves on providing our customers with a personal consultation and product education to help you select the right product for your individual needs," The Hemp Company's website says. "Our customers range from young adults struggling with anxiety to seniors dealing with age-related aches and pains."
At The Hemp Company, customers are asked to sign a petition to keep state hemp protections.
“It would be a shame for all of this to disappear because our lawmakers forgot to pass a law,” Boccella said.
There is also a website urging people to act.
“It’s going to be a very scary thing,” Boccella said. “I don’t know. We are going to be here. We are going to be here until we are told we can’t be here.”
Earlier this month, WRAL News and SurveyUSA conducted a scientific poll about whether North Carolina voters think of medical and recreational marijuana should be legalized in the state.
SurveyUSA’s poll found 57% of voters felt recreational use of marijuana should be legalized and 72% felt the medical use of marijuana should also be legal.
Kight predicted North Carolina would have marijuana reform in the “next two to four years.”
“It is easy to find people, from your friend to your grandmother, who use CBD products,” Kight said.
If North Carolina's hemp law expires, there could be a legal fight. While there are federal protections for the products, the state law, or lack thereof, would take precedence, meaning hemp growing and sales could again be illegal in the Tar Heel State.
