WeVote
Log In

Bill

Bill

HB 802

Nicotine and Vaping Prevention in Schools.

2025-2026 Session Introduced by Cynthia Ball and 20 co-sponsors

NC HB 802 requires public schools to adopt and enforce policies banning nicotine, hemp, and vapor products on campus and at events, with education and cessation support.

Passed 1st Reading
0
WeVote Research Nonpartisan
Bill Summary · HB 802

Summary — HB 802: Nicotine & Vaping Prevention in Schools (North Carolina, 2025)

Status (selected): Passed 1st Reading (House); referred to Rules/Calendar (filed April 7–8, 2025)

Purpose
- Require public schools to adopt and enforce comprehensive, evidence‑based policies to prevent and address use of nicotine, hemp, and vapor products (including e‑cigarettes and hemp derivatives such as delta‑8/9 and CBD) on school property and at school‑sponsored events.
- Emphasize education and cessation services (rather than only punitive measures) for students found in possession of these products.

Key provisions
1. New definitions (G.S. 115C‑407.1)
- Clarifies three categories: “hemp product” (per G.S. 90‑87 and synthetic counterparts), “nicotine product” (including tobacco products and alternative nicotine products), and “vapor product” (battery/electronic devices that heat consumables, e.g., e‑cigarettes). Products regulated by the FDA under Chapter V of the Federal Food, Drug, and Cosmetic Act are excluded where noted.

  1. School policy requirements (amend G.S. 115C‑407)

    • Local boards/governing bodies of public school units must adopt, implement, and enforce a written policy prohibiting use of nicotine, hemp, and vapor products in school buildings, facilities, campuses, and other school property at all times, and at school‑sponsored events when in presence of students or personnel.
    • Policy must include: adequate notice to students/parents/public/staff, signage, and enforcement expectations for school personnel.
    • Instructional/research exceptions allowed only if supervised by faculty and do not involve actual ingestion/smoking.
    • The Department of Health and Human Services (and/or NC Health & Wellness Trust Fund Commission) shall assist schools and provide evidence‑based, age‑appropriate cessation and prevention materials at the start of each school year and make materials available year‑round.
    • All materials must be approved by DHHS, which will identify appropriate student ages/grades; schools may request DHHS review of specific materials.

  2. Possession, confiscation, and graduated responses (new G.S. 115C‑391.5)

    • If a student under age 21 is found possessing a nicotine, hemp, or vapor product, the item must be confiscated and the parent/guardian notified within 24 hours.
    • First offense: school counselor or mental‑health provider must provide evidence‑based, age‑appropriate cessation information to the student and parent; additionally, at least one of the following must occur: a) Individual meeting and assessment with a health educator, nurse, counselor, or designated staff (with parents/guardians), or b) Student participates in an evidence‑based, self‑paced education program on nicotine/hemp/vapor use.
    • Second offense: repeat first‑offense interventions and impose disciplinary actions per the local Code of Student Conduct.
    • Third or subsequent offense: same interventions as first offense; educational community service may be added as an option.

Who is affected
- Public school students (policy applies to all persons on school property; possession rules apply to students under 21).
- Local boards of education / governing bodies of public school units (must adopt and enforce policies).
- School staff (required to enforce policies, provide counseling/assessments).
- Parents/guardians (must be notified and may participate in meetings).
- Department of Health and Human Services (responsible for approving and providing materials; assisting implementation).

Implementation / timeline
- The bill requires schools to adopt and implement the written policy (amendment language uses “shall adopt”).
- DHHS approval required before distribution of cessation/prevention materials.
- Procedural status: passed first reading in the House and referred to Rules/Calendar (filed April 7–8, 2025).

Potential impacts and considerations
- Prioritizes education, counseling, and cessation supports over purely punitive discipline for student vaping/possession.
- Administrative burden: local systems will need to update codes of conduct, train staff, implement notification and record‑keeping procedures, and coordinate with DHHS for materials and referrals.
- Resource needs: increased demand for school counselors, school‑based mental health services, and evidence‑based cessation programs; potential need for funding or reallocation of staff time.
- Public‑health goal: intended to reduce youth nicotine and hemp product use through education, early intervention, and access to cessation resources.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.