What You Need to Know About the Upcoming THC Ban in North Carolina

For years, a legal loophole has allowed people to legally purchase and sell various forms of delta-9-tetrahydrocannabinol (THC) in North Carolina. Changes brought about by the recent government shutdown could cause this loophole to end, and this is something North Carolina residents should be prepared for. What does this change mean for you? What are the new penalties associated with THC possession and distribution? Can a North Carolina cannabis defense attorney help you?

The Looming Reversal of the 2018 Farm Bill

The 2018 Farm Bill legalized hemp in North Carolina, and it led to the creation of an entire industry based on legal THC. A loophole in the 2018 law legalized THC gummies, edibles, and other products on a federal scale. As a result, numerous entrepreneurs started marketing the products. In many cases, they profited immensely and began creating hundreds of new jobs. 

So, why is this all coming to an end? With the government shutdown of November 2025 at an end, all eyes are on an unexpected provision of the federal funding bill. This provision criminalizes the sale of all products containing more than 0.4 milligrams of THC. This will affect virtually every THC product on the market in North Carolina. 

State Law Supersedes Federal Law

Unless North Carolina changes its own laws to align with the new federal restrictions, this may not cause as much of an issue as people think. However, Axios notes that the federal criminalization of THC could make it impossible for entrepreneurs to do business in the Tar Heel State. It would be impossible to import the THC across state lines without risking serious criminal penalties. In addition, it would be impossible to deposit the proceeds of THC sales in any bank. 

What are the Criminal Penalties for THC Under the New Federal Law?

While North Carolina laws take precedence over federal laws, federal authorities could still theoretically enforce the THC ban within North Carolina. Users should not face excessive penalties for THC possession under the new federal law, and they may face a simple fine rather than jail time. 

On the other hand, those who choose to continue selling these products despite the federal ban could face serious criminal consequences. Trafficking large quantities of controlled substances can lead to felony charges, especially if you are caught bringing these substances across state lines. 

Contact a North Carolina Cannabis Defense Attorney for Further Guidance

If you face criminal charges for THC possession or distribution, speak with a criminal defense attorney in North Carolina as soon as possible. You may not be aware of it, but THC laws in the Tar Heel State are set to change. These changes bring about the possibility of serious criminal consequences, even if THC was once technically legal. Continue this discussion with Coastal South Law today.