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Have you seen stores in Charlotte advertising CBD-infused products? According to the North Carolina Department of Agriculture and Consumer Services (NCDACS), selling these products is illegal but enforcement of these laws is uneven across the state.

Local news outlets reported in February that despite marijuana being illegal in North Carolina, business owners are taking advantage of the legal “gray area” of CBD oil. However, this “grey area” could mean serious criminal charges if you are found with THC or CBD-infused food products (“edibles”).

Why is possession of an edible a felony in NC?

Most buyers and producers of edibles know that not all products are created equal. However, police and other authorities might judge them nearly the same, or edibles more harshly. What will matter is the weight of the edible.

  • If the product contains one twentieth of an ounce (.05 grams) of extracted resin (CBD/ THC) it is a Class I misdemeanor
  • If it contains three twentieths of an ounce (4.25 grams) of extracted resin (CBD/THC) or contains any synthetic/isolated THC it is a Class I felony.

This could mean that even a piece of THC/CBD infused candy could result in a felony offense, as the weight threshold is so low. Leaf-based marijuana arguably does not receive the same aggressive treatment.

What about CBD products in the store?

CBD products are very popular. As an active ingredient in pharmaceutical drugs, it is used to treat seizures, pain, anxiety and even cancer. How are these legal?

CBD-infused oils and skin products are legal if they are sold over the counter without claiming to provide health benefits. They are not food and do not fall under the FDA prohibition of adding active drug ingredients to food.

The FDA and the NCDACS are working together with local restaurants and cafes to develop North Carolina’s official stance on CBD-infused food products. Until they make their decision, don’t be fooled by the hype. Your edible still contains illegal drugs.

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