Smokable hemp is not against the law, for now. Proposed legislation will soon change that. Hemp is the cannabis sativa plant and any part or derivative thereof with a tetrahydrocannabinol (THC) concentration less than 0.3%. Hemp is the plant used to make CBD products that are quickly becoming popular in North Carolina and across the United States. THC is the psychoactive ingredient that gives users a high. Marijuana, with a THC concentration much greater than 0.3%, is still illegal in all forms in North Carolina.
The North Carolina General Assembly is not moving to make all hemp and CBD products illegal, but it is distinguishing the raw and leafy smokable form of hemp. Smokable hemp looks and smells like raw leaf marijuana. Law enforcement officers – police, sheriff’s deputies, and state troopers – cannot tell a difference between smokable hemp and raw leaf marijuana (bud, flower, vegetable, etc). There are no field test kits that can reliably discern smokable hemp from marijuana. Until a reliable field test kit is developed, it looks like smokable hemp will become illegal next year if and when the legislation is enacted.
Hemp growers will still be allowed to produce and ship smokable hemp to consumers outside of North Carolina where smokable hemp is legal in the receiving state. The proposed legislation also creates two new crimes related to hemp production. The first makes it a class I felony to disguise an illegal marijuana growing operation as a legal hemp growing operation. This offense would be charged in addition to felony possession with intent to sell/deliver/manufacture marijuana and other related offenses that already exist. The second new crime is a class 1 misdemeanor for tampering or stealing a hemp crop. This offense would be charged in addition to crimes such as trespassing, breaking or entering, or injury to property that are often associated with theft crimes of this nature.
Written by Landon White.
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