Delta-8 THC in North Carolina: the legal cannabis that has sellers, consumers on a high

Story by Collin Tadlock

Photos by Jailyn Neville

Graphic by Isabelle DeCamillis

CHAPEL HILL, North Carolina – Running through the heart of downtown Chapel Hill, Franklin Street has recently seen an influx of cannabis-related businesses and organizations. 

From vaporizers and hemp stores to mobile cannabis carts, Delta-8 THC is more widespread than ever, with many potential users unfamiliar with the product and its effects.

While headlines in the state tend to focus on recent votes toward medical marijuana legalization, there is a growing industry in hemp-derived Delta-8. Since these products are not classified as cannabis, which remains illegal in North Carolina, they can give users a strong, yet legal high. 

As the nation turns a new leaf with cannabis legalization, the state of North Carolina has already had an explosion of alternatives to the substance, and these products are protected under state legislation. 

Delta-8? 

Located at vape shops, convenience stores and even gas stations, Delta-8 is well-accessible to consumers. Products are available in different forms, including gummies, chocolate, vaping cartridges, infused drinks and even breakfast cereal.

So, what is it? Delta-8 THC is described as a psychoactive substance found in small traces in both hemp and cannabis plants. 

Often referred to as the little brother of Delta-9 THC, Delta-8 is a less potent cannabis compound that produces a less psychoactive high. The 2018 Farm Bill federally legalized “hemp derivatives” containing less than 0.3% Delta-9 THC – with any amount past that threshold still being considered illegal.  

Delta-8 products seen in stores and dispensaries across the country are hemp-derived, according to the National Law Review. Thus, courts nationwide have agreed that these substances are removed from criminal penalties associated with other cannabis products.

The only chemical difference between Delta-8 and Delta-9 THC is where a particular double bond is located on the chain of carbon atoms, causing Delta-9 to be higher in potency. 

Legality

“If it’s made from hemp, it is not marijuana and there is otherwise no real regulation on it,” said Phil Dixon Jr., a teaching assistant professor at the UNC-Chapel Hill School of Government. 

Dixon said regulation has ceased concerning the permit process for selling hemp and hemp products, including Delta-8. This allows the substance to fly under the radar, with interest in the product growing exponentially over the past five years. 

“Delta-8 is extremely popular, but we don’t have permitting requirements; we don’t have licensing requirements to sell it; we don’t have state regulators testing the stuff before it hits the shelf;” Dixon said. “That is a risk to consumers.” 

Dixon also noted that there is no age limit on these intoxicating hemp products, explaining that his 15-year-old son can legally possess a bag of intoxicating Delta-8 gummies.

In June 2022, the state passed a law making hemp products legal forever, along with House Bill 252 which passed in July of the same year and no longer qualifies hemp and hemp products as controlled substances. 

These laws cause confusion as to whether products like Delta-8 THC could potentially be treated as illegal THC, even when sourced from hemp. 

“We have a boatload of legal – apparently legal – and available, intoxicating hemp products sourced from legal cannabis, while also maintaining a prohibition on regular marijuana as illegal cannabis,” Dixon said. “That creates a confusing situation on the ground for both consumers, distributors and law enforcement.” 

Dixon said that the state formerly had the North Carolina Industrial Hemp Pilot Program which was established in 2015, but that program has since expired. 

“It’s the Wild West,” said Mikhail Lukacs, hemp tender and head of sales at The Hemp Store in Chapel Hill. 

Lukacs explained that anyone passionate about the industry understands that cannabis regulation in North Carolina “is something that needs to be done.” 

Benefits

“Cannabis has a lot of potential to help a lot of people,” Lukacs said. 

The Hemp Store where Lukacs works commonly interacts with customers using hemp products for the first time, and the Franklin Street storefront is focused on educating them. 

“When people come in, especially if they’re new users, we don’t let them go to the wall and grab something that’s really high-dose,” Lukacs said. “We encourage them to certainly start at the lowest [dosage] possible.” 

Lukacs explained that customers coming into the store aren’t looking for the effects of Delta-8 THC anymore, but rather Delta-9 THC, which is more potent milligram-per-milligram – and legal under certain thresholds. 

For people who regularly use cannabis, the Delta-9 THC experience, Lukacs said, is more of the “classic THC experience” that many are searching for. 

Older customers that Lukacs encounters aren’t looking for the cerebral buzz that Delta-8 provides, but rather its sedative effects and pain relief. It is also commonly used for anti-inflammatory support. 

“Someone could use Delta-8 recreationally, but many people choose to use it specifically for medicinal results,” Lukacs said. 

Hunter Bolesky and Brandon Srinath are the owners of Botana-Cart, a mobile cart vendor based out of Carrboro, N.C. The 600-pound bicycle cart serves as a mobile shop for dozens of different plant-based alternatives, including Delta-8 and Delta-9 products. 

If you’ve recently driven down Franklin Street on a lively Saturday night, you probably have seen the hard-to-miss cart. According to their website, the cart “sports a magic carpet on its canopy as it floats effortlessly through the streets of Carrboro and Chapel Hill.” 

“The cart itself is a conversational piece,” Bolesky said. “You see that riding around town, you’re going to be like ‘What is that? Where did they come from? What do they offer?

Working with local botanical shops in North Carolina, the cart sells edibles and disposable vaporizers but also has wellness products such as their antibacterial roll-on made from hemp-derived CBD. 

The owners have heard product feedback from every end of the spectrum, with the most positive feedback being from customers with chronic pain. 

Botana-Cart, according to the owners, is focused on not only providing plant-based alternatives to alcohol and opioids but also educating the public on products that are safe to consume. 

“We’ve been using hemp and cannabis for hundreds and hundreds of years, whether people like to admit it or not,” Bolesky said. 

The two owners hope to eventually open a “fantasy factory,” where customers can come and experiment with legal cannabis and other various alternatives. 

“It’s about creating a space where anybody can come, where that peer pressure element is eliminated,” said Bolesky. “Where people can have an alternative; where people can learn something; where people can get outside of their shell a little bit.” 

Effects

Delta-8 has differing impacts on people based on their usage and THC tolerance. THC, like many other psychoactives, has the effects of euphoria and relaxation on the body. 

Lukacs said Delta-8 has about half the potency of Delta-9 and described how the body reacts to THC. 

“When we get high on cannabis, when we feel cannabis, we are actually perceiving it,” Lucaks said. “We have these receptors that can feel Delta-8 THC as well as Delta-9 THC and other tetrahydrocannabinols.” 

A Delta-8 high, according to Botany Farms, is described as “dreamy, less intense, and offering more physical stimulation as opposed to mental effects.” 

“It’s important to note that Delta-8 will create an uplifting sensation, and a very nice body high sensation so it will make you feel a little giddy kind of like how THC would,” Bolesky said. 

A senior at UNC-Chapel Hill who regularly uses Delta-8 agreed to speak on background and said they use Delta-8 vaporizers and will occasionally consume edibles. 

Compared to a cannabis high, they described a Delta-8 high as “concentrated, almost like a stimulated high.”  

As a regular user of the stimulant, they discussed their bodies’ natural reaction to THC and how their experience with the substance has been overwhelmingly positive. 

“I’ve never had any bad experiences,” they said. “I don’t think I’ve ever been close to a bad experience with it.” 

However, their main advice for first-time users is to start small and gradually increase your dosage, allowing your body to naturally find its THC tolerance. 

Health Risks

With the benefits of ingesting Delta-8 THC, the substance can sometimes cause adverse effects. 

According to an FDA press release, Delta-8 THC products have not been evaluated or approved, and the marketing of these products may put public health at risk. 

While derived from the hemp plant, Delta-8 THC naturally occurs in small quantities, meaning that products often involve the use of potentially harmful chemicals to create the concentrations of Delta-8 THC claimed in the marketplace. 

“The final delta-8 THC product may have potentially harmful by-products (contaminants) due to the chemicals used in the process,” the FDA release said. 

The FDA notified the public on Delta-8 after an uptick in adverse event reports and marketing that became appealing to children. 

Dixon’s “Summer 2022 Cannabis Update” outlines the status of hemp legalization, and explained that the FDA recently issued warning letters to several hemp companies for violating its existing federal legislation on branding and health claims. 

“There are no regulations on where the products can be used (including while driving), how much of the products can be purchased, or the point at which a person can be considered intoxicated,” wrote Dixon. 

Dixon also mentioned that using Delta-8 THC can cause cannabis to show up on a drug test if used regularly. He recommended discussing THC use with your employer beforehand and remaining cautious when using these products. 

Bolesky discussed these effects and explained that hemp-derived THC can cause paranoia and anxiety when used in large quantities. 

“We’ve had some feedback where people are like ‘Hey, I just took a 50-milligram gummy and it was very very strong, very potent,’” said Bolesky. “We’ve had to walk people through the steps of how to dose properly and to make sure that they’re safe.” 

Lukacs said that both Delta-8 and Delta-9 THC can provoke these issues, but it is more challenging for Delta-8 due to its lesser potency. 

“Delta-9 THC, especially at higher doses, can induce paranoia and anxiety as an adverse symptom,” Lukacs said. 

As the legal cannabis industry continues to expand, loopholes in state regulation allow these products to fly under the radar, with little to no regulation applied. 

While Delta-8 has a list of benefits and risks, researchers and distributors alike agree that extra caution should be taken when ingesting these THC products. 

“Setting aside any criminal liability risks, even setting aside any quality control risks – you never know how somebody is going to react to this stuff,” Dixon said.