Q: I sell hemp products like delta-8 THC in North Carolina. Am I going to face federal charges?
A: Potentially, yes. Congress passed legislation in November 2025 that redefines hemp under federal law, effectively banning many hemp-derived products that are currently legal, including delta-8 THC and THCA products. The new federal definition goes into effect on November 12, 2026.
What Changed at the Federal Level
Under the 2018 Farm Bill, hemp was defined as cannabis with less than 0.3% delta-9 THC, which created a loophole for products derived from hemp that contained other psychoactive cannabinoids like delta-8. The November 2025 continuing resolution closed that loophole. After November 12, 2026, producing, selling, or possessing these products will violate federal criminal law.
State Law Has Not Changed
Here is where it gets complicated: North Carolina state law still permits these hemp products. Unless the General Assembly changes state law, there will be a direct conflict between state and federal law after November 2026. The U.S. Supreme Court has held that Congress has the authority to enforce federal drug laws even when substances are legal under state law, grown in-state, and never cross state lines.
What Are the Risks?
Beyond criminal prosecution, the federal government could use civil forfeiture to seize property and assets of businesses selling hemp products. Under 18 U.S.C. § 981, proceeds from the sale of controlled substances are subject to seizure. Additionally, federal tax law under Section 280E could mean that normal business deductions are no longer available to hemp businesses.
What Should You Do?
If you are in the hemp industry in North Carolina, you should consult with a criminal defense attorney who understands both federal drug law and state regulatory frameworks. There is still time before the ban takes effect, but planning now is essential.
Related Practice Areas
Federal Criminal Defense | Drug Crimes Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411 for a confidential consultation.