Police push NC lawmakers to pass new CBD, THC rules

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.

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. 

Although marijuana remains illegal in North Carolina, other products containing THC are allowed. THC is the main psychoactive ingredient in marijuana. Hemp and marijuana contain THC, but hemp is legal in the state because it contains THC at far lower levels than marijuana — enough to impart some side effects that users seek out, but generally not enough to get people high.

Some growers and manufacturers have figured out how to extract THC from hemp plants and introduce products into the marketplace touting the legal substance they do contain — cannabidiol, or CBD — but may possess enough THC to get someone high. 

Those products don’t face the same labeling requirements as other drugs and, officials say, are easily available at vape shops and convenience stores throughout the state. They are often marketed as legal alternatives to marijuana but are sold without consistent statewide standards for manufacturing, testing, labeling, packaging or age verification. Some shops sell these products to minors, officials say.

Children can legally purchase intoxicating hemp products sold in vape shops, convenience stores and other retailers because North Carolina lacks statewide age limits, unlike for other products such as tobacco and alcohol.

The law enforcement groups want this bill to pass and change that.

"The only people and businesses who would oppose this conference report are those who are profiting from, and promoting a business model that thrives on, selling intoxicating substances to North Carolina's children," the groups said in the letter, referring to the updated bill.

The legislation has drawn strong opposition from many hemp retailers, manufacturers and business groups, who argue the proposal goes far beyond protecting minors.

Representatives of the National Hemp Association and the Association of Cannabinoid Specialists didn’t immediately respond to requests for comment.

Opponents say the proposed THC limits would effectively ban many hemp products currently sold legally in North Carolina, including many THC-infused beverages, gummies, vapes, delta-8 products and THCA flower.

Nationwide, sales of those products and others are expected to bring in $30.5 billion in revenue this year, according to analysis by the group Whitney Economics, which works with the hemp industry.

Industry leaders have warned the measure could force many hemp businesses to close and eliminate products currently legal under federal law.

Supporters, meanwhile, argue stronger regulations are necessary to protect consumers, curb youth access and provide law enforcement with clear enforcement authority.