In a political climate in which Republicans and Democrats rarely find themselves on the same side, House Bill 328 provided a vehicle for common ground on Tuesday. Lawmakers praised the bill to regulate hemp-derived consumables as something that was long overdue in North Carolina.
The new proposed “committee substitute” rolled out in the Senate Health Committee defines hemp-derived cannabinoids to include Delta 9 THC, Delta 8, cannabidiol (CBD), and a variety of other synthetic products derived from hemp. The bill would limit sales to adults 21 and older.
While hemp may legally have 0.3% or less THC, lawmakers said some unregulated products may be delivering a more potent hit than advertised.
THC, or Tetrahydrocannabinol, is the main ingredient in marijuana that provides users with a high.
Senator Julie Mayfield (D-Buncombe) praised Sen. Amy Galey (R-Alamance) for shepherding the bill through the Senate.
“I wish we had done this back in 2021 when we figured out the whole hemp problem,” said Mayfield. “The genie is pretty far out of the bottle now, so we’re trying to stuff it back in.”
HB 328 would also ban hemp-derived consumables on educational property, requiring local boards of education to have a written policy barring the products from school grounds along with electronic cigarettes and other vaping products.
Bill Croft, executive director at NC Respiratory Care Board, joined those urging regulation of the products that increasingly appear in vape shops.
“I would highly support this simply because vaping is destroying lungs. We already have a huge problem in North Carolina,” Croft said.
Attorney General Jeff Jackson with his 10-year-old son seated behind him voiced support for the bill to regulate products like Delta-9 and THC infused beverages. (Photo: NCGA video stream)Attorney General Jeff Jackson attended Tuesday’s hearing with his 10-year-old son, Owen.
“While I would trust him with many things, the notion that he can go into one of these shops and be presented with what is branded as candy by the misappropriation of actual brands that he’s familiar with like Oreos, like Sour Patch Kids to try and sell him an intoxicating substance…the notion that that is somehow lawful in North Carolina is very difficult for parents,” said Jackson.
Jackson said even as the legislation evolves with time, his office supports this initial step forward.
“We have been meeting with Alcohol Law Enforcement (ALE) over the last several months in anticipation of a bill like this to talk to them about what enforcement would actually look like on the ground. They are very well positioned to move on this,” the attorney general told lawmakers.
Jackson said the Department of Justice was also ready to work with ALE to aggressively enforce this law to protect kids.
Sen. Benton Sawrey, chairman of the Senate Health Committee (Photo: NCGA video stream)Sen. Benton Sawrey, chairman of the Senate Health Committee, said it was ‘bizarre’ the state had not placed restrictions on these products in prior sessions.
“I’ve been shocked by the pictures and the packaging that I’ve seen that these products are sold in,” said Sawrey in acknowledging the colorful graphics were intended to catch the eye of young consumers.
“It’s not something we would permit [with] anything else.”
Under the legislation, retailers would be prohibited from selling THC-infused candies and drinks to anyone under 21. Retailers would also be required to have a valid license to sell hemp-derived consumables.
Producers selling their products illegally could face an initial civil penalty up to $500. Repeated violations within a three-year period would result in a $2,000 fine and the revocation of the seller’s license.
A separate section of the bill would add Kratom to North Carolina’s list of controlled substances.
Kratom is a tropical tree native to Southeast Asia whose leaves are generally smoked, brewed with tea, or placed into gel capsules. In low doses it can provide a stimulant effect, but it high doses it has a sedative effect. Kratom is currently not a controlled substance and is unregulated and legal under state and federal law.
Sen. Sawrey said he believes there is finally broad consensus to raise the age and place restrictions on the packaging of these consumables that come with a potent punch.
“I hope that we’re able to achieve that in this session and get that across the finish line.”
HB 328 won unanimous support on Tuesday and now heads to the Senate Finance Committee.
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