THC in North Carolina

The short answer: yes — hemp-derived Delta-9 THC drinks are legal in North Carolina as of August 2026, and the state remains one of the least regulated in the country: no state age minimum, no retail licensing. That is changing — a 21+ bill (SB 59) cleared the General Assembly this summer, and a federal per-container cap arrives November 12, 2026 (details below).

North Carolina legalized hemp-derived THC products under Senate Bill 352, which removed all hemp-derived THCs including delta-8 and delta-10 from the state's Controlled Substances Act. Products must contain less than 0.3% delta-9 THC by dry weight to remain legal. However, House Bill 563/328 is pending in the legislature that would impose significant new regulations including licensing requirements for manufacturers and retailers, age restrictions of 18+, serving size limits (25mg for solid edibles, 10mg for liquids, 3ml for inhalables), mandatory third-party laboratory testing, and bans on sales near schools. The bill would also prohibit synthetic hemp products including delta-7, delta-8, and delta-10. Currently, products are widely available at convenience stores, smoke shops, and online with minimal regulation, but this "Wild West" environment may soon change.

North Carolina follows the federal hemp definition: Delta-9 THC at or below 0.3% dry weight is lawful, which is why THC seltzers sell openly in grocery and convenience stores. Unusually, the state has imposed no age minimum or product licensing of its own — LOKI verifies 21+ on every sale regardless.

Senate Bill 59 would set 21 as the statewide minimum for hemp consumables (and kratom), with retailer age-verification duties and misdemeanor penalties. It passed the legislature in summer 2026 and awaits the Governor’s action, with provisions phasing in through December 1, 2026 — treat 21+ as the operative rule.

The bigger date is federal: on November 12, 2026, the 2026 appropriations law’s hemp redefinition takes effect, capping finished hemp products at 0.4mg total THC per container nationwide unless Congress intervenes. What that means for THC drinks — here and everywhere else — is covered in our hemp ban explainer.

SB 59 (statewide 21+ minimum and retailer duties): with the Governor as of August 2026. Broader licensing and serving-size proposals remain in play in the General Assembly. Federally, H.R. 5371’s hemp redefinition (0.4mg total THC per container) takes effect November 12, 2026.