North Carolina SB 535: Regulate Hemp-Derived Beverages.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 535

Short Title: Regulate Hemp-Derived Beverages. (Public)
Sponsors: Senators Moffitt, Johnson, and Lazzara (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S535-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REGULATE NONALCOHOLIC HEMP-DERIVED BEVERAGES. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. G.S. 18B-101 reads as rewritten: 4
"§ 18B-101. Definitions. 5
As used in this Chapter, unless the context requires otherwise: 6
... 7
(4) "Alcoholic beverage" means any beverage containing at least one-half of one 8
percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, 9
fortified wine, spirituous liquor, mixed beverages, and any alcohol 10
consumable. This term does not include hemp-derived beverages. 11
... 12
(7b) "Hemp-derived beverage" means a nonalcoholic beverage fit for human 13
consumption that contains hemp, as defined in G.S. 90-87, but may contain 14
concentrations of other hemp-derived cannabinoids in excess of that amount. 15
(7c) "Hemp-derived cannabinoid" means any phytocannabinoid found in hemp, 16
including delta 9 tetrahydrocannabinol (delta 9 THC), tetrahydrocannabinolic 17
acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol 18
(CBN), cannabigerol (CBG), cannabichromene (CBC), cannabicyclol (CBL), 19
cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin 20
(CBDV), cannabicitran (CBT), delta 7 tetrahydrocannabinol (delta 7 THC), 21
delta 8 tetrahydrocannibinol (delta 8 THC), or delta 10 tetrahydrocannibinol 22
(delta 10 THC). This term also includes any synthetic cannabinoid derived 23
from hemp and contained in a hemp-derived consumable product. 24
(7b)(7d) "Historic ABC establishment" means a restaurant or hotel that meets all of 25
the following requirements: 26
a. Is on the national register of historic places or located within a State 27
historic district. 28
b. Is a property designed to attract local, State, national, and international 29
tourists located on a State Route (SR) and with a property line located 30
within 1.5 miles of the intersection of a designated North Carolina 31
scenic byway as defined in G.S. 136-18(31). 32
c. Is located within 15 miles of a national scenic highway. 33
d. Is located in a county in which the on-premises sale of malt beverages 34
or unfortified wine is authorized in two or more cities in the county. 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 535-First Edition
(7c)(7e) "Keg" means a portable container designed to hold and dispense 7.75 1
gallons or more of malt beverage. 2
... 3
(9) "Malt beverage" means beer, lager, malt liquor, ale, porter, and any other 4
brewed or fermented beverage or alcohol consumable except unfortified or 5
fortified wine as defined by this Chapter, containing at least one-half of one 6
percent (0.5%), and not more than fifteen percent (15%), alcohol by volume. 7
Any malt beverage containing more than six percent (6%) alcohol by volume 8
shall bear a label clearly indicating the alcohol content of the malt beverage. 9
This term also includes hemp-derived beverages. 10
...." 11
SECTION 2. G.S. 18B-102 reads as rewritten: 12
"§ 18B-102. Manufacture, sale, etc., forbidden except as expressly authorized. 13
(a) General Prohibition. – It shall be unlawful for any person to manufacture, sell, 14
transport, import, deliver, furnish, purchase, consume, or possess any alcoholic beverages except 15
as authorized by the ABC law. 16
(a1) Powdered Alcohol Prohibition. – It shall be unlawful for any person to manufacture, 17
sell, transport, import, deliver, furnish, purchase, consume, or possess powdered alcohol. 18
(a2) Hemp-Derived Beverages. – Except as otherwise provided in this Chapter, it shall be 19
unlawful for any person to manufacture, sell, transport, import, deliver, furnish, purchase, 20
consume, or possess hemp-derived beverages. 21
(b) Violation a Class 1 Misdemeanor. – Unless a different punishment is otherwise 22
expressly stated, any person who violates any provision of this Chapter shall be guilty of a Class 23
1 misdemeanor. In addition the court may impose the provisions of G.S. 18B-202 and of 24
G.S. 18B-503, 18B-504, and 18B-505." 25
SECTION 3. G.S. 18B-206 reads as rewritten: 26
"§ 18B-206. Standards for alcoholic beverages.beverages and hemp-derived beverages. 27
(a) Authority to Set Standards. – The Commission may set standards and adopt rules for 28
alcoholic beverages and hemp-derived beverages to protect the public against alcoholic 29
beverages or hemp-derived beverages containing harmful or impure substances, alcoholic 30
beverages or hemp-derived beverages containing an improper balance of substances as 31
determined by the Commission, spurious or imitation alcoholic beverages, beverages or 32
hemp-derived beverages, and alcoholic beverages or hemp-derived beverages unfit for human 33
consumption. In setting standards and i