NC Senate seeks ban on synthetic hemp and new regs for Delta 9, THC products

OG article

June 17, 2025

The North Carolina Senate is advancing legislation to prohibit certain hemp-derived products and restrict the sale of THC-infused beverages and edibles to individuals under 21, potentially creating tension with the House, which earlier passed a more limited measure. On Tuesday, a Senate health care committee approved the proposal, accelerating its progress as lawmakers approach the end of the legislative session without a budget agreement. The bill, which has bipartisan backing, is scheduled for further committee review later today.

Attorney General Jeff Jackson, a Democrat, voiced strong support for the measure during the hearing, describing it as “long overdue.” He highlighted constituent concerns about the unregulated hemp market, particularly its accessibility to minors, noting, “Families are alarmed to discover the lack of oversight governing what children can purchase.”

Previously, the House passed House Bill 328, a concise measure banning Delta-8 and Delta-9 THC products on school grounds. The Senate retained this provision but significantly expanded the bill’s scope. Sen. Amy Galey (R-Alamance) emphasized the legislation’s public interest focus, stating, “This bill prioritizes community safety, ensuring products are free of toxins and synthetics and inaccessible to minors, rather than serving the interests of the cannabinoid industry.”

House Majority Leader John Bell, who heads a hemp and CBD product company, has not yet responded to inquiries about the Senate’s proposal. Rep. Carla Cunningham (D-Mecklenburg), a sponsor of the House bill, underscored its aim to protect students, citing instances of children using these products at school. “We needed safeguards to prevent these products’ presence on campuses, given the uncertainty surrounding their long-term effects,” she stated.

Sen. Galey, who did not contribute to the House bill, expressed skepticism about its effectiveness, asserting that the Senate’s version provides more robust protections for children and the public. The Senate proposal requires businesses to obtain licenses to sell hemp-derived products, imposes Delta-9 THC content limits, and mandates third-party testing. It also stipulates packaging reforms, including clear labeling and the exclusion of designs appealing to children.

Alcohol Law Enforcement (ALE) would oversee compliance at all levels of production, distribution, licensing, and retail, with violations incurring significant fines, license suspension, or revocation. Jackson confirmed that the Department of Justice has collaborated with ALE to prepare for enforcement, noting, “They are well-equipped to implement these regulations.”

Tetrahydrocannabinol (THC), the primary psychoactive component of marijuana, is present in both marijuana and hemp. While marijuana remains illegal in North Carolina, hemp is legal due to its THC content of 0.3% or less. However, some producers extract THC from hemp to create products marketed for their cannabidiol (CBD) content, which may contain enough THC to produce psychoactive effects. Delta-8 THC, present in trace amounts in hemp, can be processed to increase potency, while Delta-9 THC, more abundant in marijuana, is primarily responsible for intoxication. A 2023 WRAL investigation found that hemp-derived Delta-8 and Delta-9 products sold at retail tested similarly to marijuana.

Governor Josh Stein (D) recently established a cannabis task force to regulate THC and explore marijuana legalization. In a recent interview, Stein remarked on the state’s paradoxically lax oversight, stating, “North Carolina, lacking any regulatory framework, is effectively the most permissive state for marijuana use—not because it’s legal, but because we have no rules.” He cited cases of children required emergency treatment after mistaking THC edibles for candy.

Public support for medical marijuana legalization remains strong, with a 2023 poll showing 69% of North Carolina voters in favor. The Senate has passed medical marijuana bills annually for three years, but disagreements with the House have impeded progress. The Senate’s current proposal underscores a concerted effort to regulate the hemp industry while prioritizing public health and child safety.