Bebida Beverage Company (BBDA)

[mysterymeat]

A question sent to: North Carolina State Bureau of Investigation

Date and Time Sent: Tuesday, September 1, 2015 06:05 PM

Is it legal in NC to sell beverages made with Hemp?

http://www.cheechandchongchillaxationdrink.com/

Their reply: I had an ALE supervisor research your question and he determined the beverage appears non-alcoholic. Based on that, the beverage would fall under the NC Department of Health and Human Services. There is a hemp exemption but the ALE supervisor did not feel the beverage met the criteria. The exemption is as follows:

90-94.1. (Contingent effective date – see notes) Exemption for use or possession of hemp extract. (a) As used in this section, "hemp extract" means an extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that has all of the following characteristics: (1) Is composed of less than three-tenths of one percent (0.3%) tetrahydrocannabinol by weight. (2) Is composed of at least ten percent (10%) cannabidiol by weight. (3) Contains no other psychoactive substance. (b) Notwithstanding any other provision of this Chapter, an individual may possess or use hemp extract, and is not subject to the penalties described in this Chapter, if the individual satisfies all of the following criteria: (1) Possesses or uses the hemp extract only to treat intractable epilepsy, as defined in G.S. 90-113.101. (2) Possesses, in close proximity to the hemp extract, a certificate of analysis that indicates the hemp extract's ingredients, including its percentages of tetrahydrocannabinol and cannabidiol by weight. (3) Has a current hemp extract registration card issued by the Department of Health and Human Services under Article 5G of Chapter 90 of the General Statutes. (c) Notwithstanding any other provision of this Chapter, an individual who possesses hemp extract lawfully under this section may administer hemp extract to another person under the individual's care and is not subject to the penalties described in this Chapter for administering the hemp extract to the person if both of the following conditions are satisfied: (1) The individual is the person's caregiver, as defined in G.S. 90-113.101. (2) The individual is registered with the Department of Health and Human Services to administer hemp extract under G.S. 90-113.103. (2014-53, s. 3.)

I will forward your question to NC DHHS but you may want to touch base with them and voice your concern.

Thanks for sending the information,

I'm also waiting to hear back from the FDA.