Is THC legal in North Carolina, and what would HB 328 change?
Published Sep 18, 2026
Page updated Oct 9, 2026
Short answer, as of October 8, 2026: N.C.G.S. 90-87 sets no rules for the sale of hemp-derived THC products. Hemp is excluded from the controlled-substance definitions in N.C.G.S. 90-87, and G.S. 90-87 (read October 8, 2026) sets no retail licence, age limit or cap. Converted delta-8 and lab-made cannabinoids are the exception: they may fall under the state's Schedule I listing for synthetic cannabinoids (G.S. 90-89(7)); that section (read October 9, 2026) does not say whether they do. That is why "is THC legal in North Carolina" is the fastest-rising legality question of 2026 — and why the answer may change on November 12.
HB 328
The conference report on HB 328 would cap hemp products at 0.4 mg total THC per container and set 21+. It passed the Senate 37-6. It needs one House vote. Section 1(d) fixes the effective date at November 12, 2026 — so a House vote in December would still carry that date. The House took no action on it in its September 28-30, 2026 session (bill page, read October 8, 2026). Res. 2026-6 allows conference reports in three more windows: October 26–28, November 16–19 and November 30 – December 18, 2026. The North Carolina status board changes when the House acts.
Product classes today
| Product class | Status | Note |
|---|---|---|
| Hemp delta-9 edibles, THC drinks, THCA flower, vapes, CBD | Legal at general retail; G.S. 90-87 (read October 8, 2026) sets no cap or age limit | N.C.G.S. 90-87(13a) |
| Converted delta-8 and lab-made cannabinoids (THC-O, HHC, THCP) | Unclear - not yet confirmed. G.S. 90-89(7) lists "any synthetic chemical compound that ... is a cannabinoid receptor agonist" in Schedule I, and the section (read October 9, 2026) does not say whether converted or lab-made cannabinoids count. Ask a North Carolina lawyer before you sell. HHC is federally Schedule I by name since May 4, 2026 (91 FR 23913). | N.C.G.S. 90-87(13a), 90-89(7) |
Federally, the same 0.4 mg per container cap and the total-THC test apply from December 11, 2026 regardless of what North Carolina does, and converted delta-8 leaves the federal definition that day. See what changes on Nov 12 and Dec 11.
North Carolina seller profiles come from claims, not from a list.
General information from public sources — not legal advice. Checked October 8, 2026.
Sources
- N.C.G.S. 90-87 — controlled substances definitions (hemp excluded) — checked Oct 8, 2026
- HB 328 conference substitute (H328-PCCS30639-CE-1) — checked Oct 8, 2026
- HB 328 bill history — checked Oct 8, 2026
- Res. 2026-6 (SJR 1091) — reconvened-session schedule — checked Oct 8, 2026
Frequently asked questions
›Is it illegal to have a THC pen in North Carolina?
Hemp-derived products are excluded from the state's controlled-substance definitions today; G.S. 90-87 (read October 8, 2026) sets no age limit or cap. A pen with converted delta-8 or a lab-made cannabinoid is unclear under G.S. 90-89(7). HB 328 would add a 0.4 mg per container cap from November 12, 2026, and a 21+ rule that is drafted to take effect July 15, 2026, if the House adopts it. Not legal advice.
›When could the House vote?
The House took no action on HB 328 in its September 28-30, 2026 session (bill page, read October 8, 2026). Res. 2026-6 allows conference reports in three more windows: October 26–28, November 16–19 and November 30 – December 18, 2026.
This site provides general information from public sources with the statute and the check date on every row. It is not legal advice, and it never states that a product is legal without the state, the date and the source.