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HB 328

Regulate Hemp-Derived Consumables.

2025-2026 Session Introduced by Eric Ager and 30 co-sponsors

Creates a regulatory framework for hemp-derived consumables with licensing, testing, packaging, age limits, and enforcement to ensure safety and compliance.

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Bill Summary · HB 328

HB 328 — “Regulate Hemp‑Derived Consumables”

Status: Withdrawn from calendar (last action: Withdrawn From Cal, 2025‑06‑23)
Introduced: November 12, 2024

Purpose / Intent

The bill creates a regulatory framework for hemp‑derived consumable products (edibles, inhalables, hemp flower intended for consumption) in North Carolina. It establishes licensing, product safety/testing, packaging and age‑restriction rules, retail controls (including for online sales), and enforcement authority. The measure also adds kratom to the state’s Schedule VI controlled substances (per the bill text headings).

Key provisions (summary)

  • Definitions: establishes terms such as “hemp‑derived consumable product,” “hemp‑derived cannabinoid,” “serving,” “batch,” “manufacturer,” “retail dealer,” and more.
  • THC limit: a hemp‑derived consumable product sold to consumers may contain no more than 0.3% delta‑9 THC on a dry weight basis at the time of sale.
  • Age restrictions: sales to persons under 21 are prohibited. Retailers must demand proof of age if purchaser appears under 30; internet sellers must verify age and use delivery requiring an adult (21+) signature.
  • Packaging: products must be sold in an “exit package” — an opaque child‑resistant bag/covering meeting the child‑resistant standards referenced in 16 C.F.R. § 1700.15(b)(1) and tested as in 16 C.F.R. § 1700.20.
  • Testing and labeling: hemp flower or products containing hemp flower must be accompanied by a certificate of analysis (COA) issued within the prior six months. Independent testing laboratories must be ISO/17025 accredited or DEA‑registered and use HPLC testing methods; labs may need to enter compliance agreements with ALE (Alcohol Law Enforcement).
  • Prohibitions: distributing samples in public spaces is barred; sale of products exceeding the 0.3% delta‑9 THC limit is prohibited; sale of certain “prohibited hemp‑derived consumable products” (as defined in the bill) is banned.
  • Retail licensing: persons selling hemp‑derived consumable products must hold licenses under the new chapter; unlicensed sale is forbidden.
  • Enforcement & penalties: the ALE Division enforces the rules. The bill prescribes civil penalties (first violation up to $500; escalating penalties for repeat violations within a stated period) and licensing sanctions (including possible revocation or suspension). (Full criminal/civil penalty schedule appears in the bill text.)
  • School grounds and public use: earlier bill drafts addressed bans on delta‑8/delta‑9 on school grounds and aligned school policies; the regulatory chapter complements those prohibitions in other provisions.
  • Kratom: text indicates kratom would be added to Schedule VI (subject to the bill’s Part II provisions).

Who would be affected

  • Consumers (age‑restricted; product availability and labeling changes)
  • Retailers and remote sellers (new licensing, packaging, age‑verification, and testing/compliance requirements)
  • Manufacturers, producers, and distributors (product formulation limits, batch traceability, COAs, testing)
  • Independent testing laboratories (accreditation/compliance expectations)
  • Law enforcement (ALE Division oversight; inspection/enforcement duties)
  • Schools and school systems (clarifications/reinforcements of prohibitions on hemp‑derived consumables on school property)
  • Public health stakeholders (potential impacts on youth exposure, product safety)

Potential impacts

  • Compliance costs for manufacturers/retailers and costs to obtain accredited testing and labeling changes.
  • Reduced availability of some hemp‑derived products to under‑21 consumers and potential market contraction for products that cannot meet the 0.3% delta‑9 THC standard or other requirements.
  • Public‑health and child‑safety protections via child‑resistant packaging and age verification.
  • Enforcement workload for ALE and possible civil fines/revocations for noncompliance.

Legislative progress and procedural notes

  • Introduced Nov 12, 2024; underwent multiple committee referrals and amendments (several editions and committee substitutes).
  • The measure advanced through hearings and committee reports but experienced repeated re‑referrals and amendments over early–mid 2025.
  • Last recorded status in the provided materials: Withdrawn From Cal (June 23, 2025). Because the bill was withdrawn from the calendar, it did not become law in this session.

If you want, I can extract and present the full operative language for specific sections (age verification, lab standards, penalty chart) or prepare a compliance checklist for retailers/manufacturers based on the bill text.

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

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