It has not been long since my last cannabis update, but there are some interesting new developments to report, most notably on drug identification and marijuana. Read on for the details. The New (New) G.S. 90-94. I noted in my last post that S.L. 2022-32 amended G.S. 90-94, the statute proscribing Schedule VI substances. Under the original amendment, tetrahydrocannabinols (“THC”) from hemp and hemp products (as defined in G.S. 90-87), were excluded from the definition of THC in Schedule VI. As I initially wrote, this would have presumably had the effect of legalizing all hemp-derived THC—up to and including delta-9 THC sourced from legal hemp. However, I failed to realize that 12 days after that session law was passed, another session law again amended G.S. 90-94. Mea culpa (that post has since been amended). Pursuant to S.L. 2022-73, the current G.S. 90-94 states that products containing less than 0.3% delta-9 THC on a dry weight basis are excluded from the prohibition on possession of THC as a Schedule VI controlled substance. That amendment is narrower than the original amendment. But like the original amendment, it suggests that all hemp-derived THC products other than delta-9 THC are legal so long as they are made from legal hemp and contain no more than 0.3% delta-9 THC. These other cannabinoids derived from hemp—including intoxicating ones like delta-8 THC, delta-10 THC, THCO, THCV, and others—are therefore legal. Notably, there is no 0.3% limitation or cap on the concentration of these types of cannabinoids, and there [...]
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