North Carolina’s top law enforcement leaders are pressing state House lawmakers to approve a bill that regulates THC and hemp-derived products. They say the bill will protect children.
North Carolina’s top law enforcement agencies and advocates are pushing state lawmakers to ban minors from purchasing CBD or THC products.
In a letter Monday to state House lawmakers, the groups pressed for the passage of House Bill 328, which would prohibit the sale of products containing intoxicating levels of THC to anyone under the age of 21, among other restrictions.
The bill “would put laws in place to give law enforcement and district attorneys additional tools they need to prohibit the sale and delivery of intoxicating hemp products to children in our communities,” the groups said in the letter. It was signed by leaders of the State Bureau of Investigation, State Highway Patrol, Alcohol Law Enforcement and associations representing the state’s police chiefs, sheriffs and district attorneys.
Their pressure campaign comes as House leaders initially appeared to agree to pass the bill, but then balked after it passed the Senate. The House is scheduled to return to Raleigh next week. The groups are asking House members to approve the bill as soon as possible.
Republican leaders in the state House and Senate spent months negotiating a deal between their two chambers with legislation on hemp that could be supported by each. The negotiations resulted in a new version of House Bill 328. The deal was made public July 2, the same day lawmakers approved a new state budget. The state Senate voted to give the updated bill final approval that same day. The House, however, left town without voting on the legislation.
House Speaker Destin Hall, R-Caldwell, told reporters at the time that House Republicans supported restricting access to harmful hemp products but weren’t prepared to vote on the bill.
“Speaker Hall recognizes the need for stronger hemp regulations, especially safeguards to ensure these products are not sold to minors,” a spokesperson for Hall said in a statement Monday. “Whether or not the House adopts House Bill 328 is ultimately up to the Republican caucus, and the concerns expressed by law enforcement will certainly factor into those discussions when we return.”
Some opponents of the bill were wary that the language regulating hemp-derived products could lead to the legalization of marijuana. The law enforcement agencies and advocates said in the letter that they wanted to quash that concern.
“This bill does not in any way legalize marijuana or medical marijuana in North Carolina,” the groups said. “Do not be fooled by those attempting to tell you that this [bill] is bad or contains some hidden trick.”
Rep. Reece Pyrtle, R-Rockingham, one of the House members who worked with Senate counterparts to reach the legislative deal earlier this month, told WRAL Monday that lawmakers’ work on House Bill 328 is “a great step to keeping these products out of the hands of children and bringing much-needed regulation to this industry.”
The Senate and House have called regulating intoxicating hemp-derived THC products a high priority, arguing North Carolina’s current laws leave children vulnerable and limit law enforcement’s ability to regulate the growing market. Democratic Gov. Josh Stein has also called on lawmakers to more strictly regulate the industry, backing age limits as the bill proposes.
Three of the groups that signed the letter — the ALE, SBI and Highway Patrol — report to Stein. The others are independent agencies or private groups representing local-level police and sheriffs.
“Failing to adopt this conference report means that anyone, no matter their age, will continue to be able to buy intoxicating THC products from any retailer that wishes to sell them without legal consequence in North Carolina,” the groups said.
If the House adopts the Senate-approved conference report without changes, the bill would head to Stein for his consideration.
Among the changes proposed in the bill are new rules that would:
- Prohibit the sale or delivery of intoxicating hemp-derived products to anyone younger than 21.
- Prohibit anyone younger than 21 from possessing those products.
- Make products containing more than 0.4 milligrams of total THC per container a Schedule VI controlled substance.
- Create civil penalties for violations.
- Update North Carolina’s Controlled Substances Act.
- Establish regulations for kratom, synthetic kratom and xylazine, also known as “tranq.”
- Align portions of state law with federal hemp regulations scheduled to take effect in November.
How the current law works
The legislation is the latest attempt to regulate hemp-derived THC, Tetrahydrocannabinol, products, including gummies, drinks and vape products sold in convenience stores and smoke shops. The industry has expanded rapidly since hemp was federally legalized in 2018.
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