Can I grow hemp in my backyard?
Yes. Or at least you should be under the Lawful Use of Lawful Products, N.C.G.S. § 95-28.2. This law prohibits employers from refusing to hire, terminating, or otherwise discrimination against a candidate or employee who engages or has engaged in the lawful use of lawful products off the premises of the employer during nonworking hours and the use does not adversely affect the employee’s job performance or the safety of other employees.
Federal Marijuana Distribution Sentences
While NC hemp license holders are required to report acreage, weight, type, and storage locations to the Hemp Commission, there is not currently any state or federal prohibition on the amount of hemp or CBD an individual may possess as long as other licensing, registration, and other applicable administrative reporting requirements are met.
Federal Marijuana Possession Sentences
Yes. Cannabidiol (“CBD”) and other cannabinoids (excluding THC) derived from hemp are legal in North Carolina. Proponents of CBD products claim an array of health benefits including treatment for seizures, arthritis, pain-relief, and anxiety all without the impairing effect of THC. CBD is often infused in cosmetic products like lip balms and oils, added to foods (although CBD containing foods are not currently permissible per FDA guidelines) like honey and gummies, and is even contained in an FDA approved drug, Epidiolex, which is used to treat epilepsy.
Under North Carolina law, individuals can be charged with:
Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.
Once hemp is grown and matured, the CBD content on a percentage basis is about 8% while the total THC is about .3%. Next, when the hemp flower is extracted to create the CBD oil which is used to make CBD concentrates, the total THC goes from .3% to about 3%, making the product illegal. A concentrate by definition is making something stronger by removing water or other compounds. Extracting hemp flower increases the percentage of both CBD and THC 8-10x.
CBD concentrates, which include CBD Wax, CBD Shatter, CBD Crumble, CBD “Terp Coral” and CBD crystal all have one thing in common, they can not be “true” CBD concentrates without some type of dilution or remediation, meaning the removal of some of the hemp compounds to make the product legal.
The second way to make legal CBD concentrates is to extract the hemp flower into CBD oil then use a chromatography machine to remove the THC from the oil which leaves all of the other cannabinoids in the oil. Using chromatography machines first requires the raw CBD oil from the initial extraction to run through a fractional distillation machine, which removes the majority of the cannabis compounds including the terpenes and leaving the cannabinoids in an oil form. Next, the CBD oil is diluted in toxic chemicals prior to being put through the chromatography machine. The chromatography machine splits the oil up into two fractions, one with THC and the other with CBD and other minor cannabinoids. The THC free oil can now be used to create legal CBD concentrates by adding back the cannabis terpenes or using synthetic terpenes.
There are a few different ways to create legal CBD concentrates to sell. One is using pure CBD isolate which is made by processing and refining all of the cannabinoids and compounds out of the hemp flower except the CBD which contains no THC. CBD isolate is the least effective CBD product because all of the other supporting cannabinoids have been removed. Studies have shown that cannabis cannabinoids and compounds work together synergistically in what is called the Entourage Effect. You then add either cannabis-derived terpenes or synthetic terpenes to the CBD isolate to make your CBD wax or CBD shatter. Always make sure they use cannabis-derived terpenes because cannabis-derived terpenes are more therapeutic.
A CBD concentrate is made by extracting hemp flower or biomass into oil through hydrocarbon, CO2 or alcohol, then taking the CBD oil from the extraction process, refine the oil or dilute the oil, to make it compliant with the law, then turn the oil into a CBD wax, CBD shatters or CBD crumble.
So how are there legal CBD Concentrates on the market?
Here is why CBD Concentrates can not be true concentrates without dilution or remediation:
The definition of hemp or any legal hemp product is a hemp flower or hemp product that contains .3% total THC or less on a dry weight basis. Hemp products always start with either hemp flower or hemp biomass which contain .3% total THC or less. The main difference between the two is that hemp flower is trimmed up hemp which is usually sold as smokable hemp by weight or processed into hemp pre-rolls. Hemp biomass consists of the entire plant which is used for extraction to create CBD oil used for CBD tinctures, gels, salves, and more.