Is Mugwort Illegal In North Carolina Under New 2026 Laws?

Mugwort (Artemisia vulgaris) remains legal to grow, sell, and possess in North Carolina under the 2026 legislative updates; however, certain extracts that contain concentrated levels of the psychoactive compound thujone may fall under the state’s revised “Controlled Plant Materials” provisions. In short, the plant itself is not prohibited, but manufacturers and users must watch the potency of processed forms to avoid violating the new thresholds established by the 2026 statutes.

Background on Mugwort and Its Uses

Mugwort has a centuries‑old history in herbal medicine, culinary traditions, and ceremonial practices. The leaves are commonly used in teas, tinctures, and as a flavoring agent in breads. Modern interest surged after a 2023 survey revealed that 27 % of adults in the Southeast had tried mugwort for its reputed calming effects. While the plant contains thujone—a compound also found in wormwood—the concentration in fresh leaves typically ranges from 0.1 % to 0.5 % by weight, far below the levels that trigger regulatory concern.

2026 North Carolina Controlled Substances Amendments

The North Carolina General Assembly enacted Senate Bill 482 in early 2026, expanding the “Controlled Plant Materials” schedule to include any plant-derived product in which a psychoactive constituent exceeds 0.5 % dry weight. The bill created Schedule III‑P for “potent botanical extracts” and mandated that retailers register, label, and test products meeting the threshold. The legislation expressly listed Salvia divinorum and Mimosa hostilis while providing a “catch‑all” clause for other herbs whose active compounds surpass the set limit.

How the Law Applies to Mugwort

Because raw mugwort leaves rarely exceed the 0.5 % thujone floor, they are exempt from the new registration and labeling requirements. However, concentrated forms—such as essential oils, CO₂ extracts, or powdered isolates—can push thujone levels above the statutory limit. In those cases, manufacturers must obtain a Schedule III‑P registration, submit batch testing results to the North Carolina Department of Health and Human Services, and affix warning labels that include the exact thujone content. Possession of unregistered high‑potency extracts could be treated as a misdemeanor under the updated code.

Compliance Tips for Residents and Businesses

  1. Know your product – Request third‑party lab reports for any mugwort concentrate you purchase.
  2. Stay below the threshold – If you produce your own extracts, keep thujone concentrations under 0.5 % dry weight to remain exempt.
  3. Label accurately – Include “Contains thujone” and the percent concentration on any product that approaches the limit.
  4. Register if needed – Businesses selling high‑potency extracts must file an application with the state’s Controlled Plant Materials Board.
  5. Monitor legislative updates – Future sessions may adjust the threshold or add mugwort to a specific schedule; staying informed avoids inadvertent violations.

Is plain dried mugwort illegal in North Carolina?

No. Dried leaves and stems that contain thujone below 0.5 % are not covered by the 2026 Controlled Plant Materials law and remain legal for personal and commercial use.

Can I sell mugwort essential oil without a license?

Only if the oil’s thujone concentration is verified to be under the 0.5 % threshold. Above that level, a Schedule III‑P registration and proper labeling are required.

What penalties apply for possessing an unregistered high‑potency mugwort extract?

Possession of an unregistered extract exceeding the legal thujone limit is classified as a Class H misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.

Does the law affect home cultivation of mugwort?

Home growers are unaffected as long as they do not produce concentrated extracts that surpass the statutory thujone limit. Simple gardening remains fully permissible.

Are there any federal restrictions that could impact mugwort in North Carolina?

Federally, mugwort is not listed as a controlled substance. However, the Food and Drug Administration regulates marketed products for safety and labeling, and the Drug Enforcement Administration may intervene if a concentrate is marketed as a drug with psychoactive claims.

By understanding the precise definitions and thresholds set forth in the 2026 statutes, North Carolinians can continue to enjoy mugwort’s traditional benefits while remaining fully compliant with state law.