North Carolina SB 328: Age 21 Hemp-Derived Consumables.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 4
SENATE BILL 328
House Committee Substitute Favorable 6/24/25
House Committee Substitute #2 Favorable 6/24/25
Fourth Edition Engrossed 6/25/25

Short Title: Age 21 Hemp-Derived Consumables. (Public)
Sponsors:
Referred to:
March 19, 2025
*S328-v-4*
A BILL TO BE ENTITLED 1
AN ACT TO PROHIBIT HEMP-DERIVED CONSUMABLE PRODUCTS FROM BEING 2
POSSESSED BY OR SOLD TO PERSONS UNDER AGE TWENTY-ONE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Article 39 of Chapter 14 of the General Statutes is amended by adding 5
a new section to read: 6
"§ 14-313.1. Possession of hemp-derived consumable products under age 21 prohibited. 7
(a) Definitions. – Unless the context requires otherwise, the following definitions apply 8
in this section: 9
(1) Deliver. – The actual constructive, or attempted transfer from one person to 10
another of a controlled substance, whether or not there is an agency 11
relationship. 12
(2) Hemp. – As defined in G.S. 90-87. 13
(3) Hemp-derived cannabinoid. – Any phytocannabinoid found in hemp, 14
including delta-9 tetrahydrocannabinol (delta-9 THC), tetrahydrocannabinolic 15
acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol 16
(CBN), cannabigerol (CBG), cannabichromene (CBC), cannabicyclol (CBL), 17
cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin 18
(CBDV), cannabicitran (CBT), delta-7 tetrahydrocannabinol (delta-7 THC), 19
delta-8 tetrahydrocannibinol (delta-8 THC), or delta-10 tetrahydrocannibinol 20
(delta-10 THC). This term also includes any synthetic cannabinoid derived 21
from hemp and contained in a hemp-derived consumable product. 22
(4) Hemp-derived consumable product. – A hemp product that is a finished good 23
intended for human ingestion or inhalation that contains a concentration of 24
any hemp-derived cannabinoid, including any hemp product that at the time 25
of sale to the ultimate consumer contains a delta-9 THC concentration of not 26
more than three-tenths of one percent (0.3%) on a dry weight basis. This term 27
does not include hemp products intended for topical application, or seeds or 28
seed-derived ingredients that are generally recognized as safe by the United 29
States Food and Drug Administration (FDA). 30
(5) Hemp product. – As defined in G.S. 90-87. 31
(6) Ingestion. – The process of consuming through the mouth, by swallowing into 32
the gastrointestinal system or through tissue absorption. 33

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 328-Fourth Edition
(7) Inhalation. – The process of consuming into the respiratory system through 1
the mouth or nasal passages. 2
(b) Prohibition. – Both of the following are unlawful: 3
(1) For any person to knowingly sell or deliver a hemp-derived consumable 4
product to a person who is under 21 years of age. A person engaged in the sale 5
of hemp-derived consumable products shall demand proof of age from a 6
prospective purchaser if the person has reasonable grounds to believe that the 7
prospective purchaser is under 21 years of age. 8
(2) For any person who is under 21 years of age to possess a hemp-derived 9
consumable product. 10
(c) Punishment. – Any person who violates this section is guilty of a Class 2 11
misdemeanor. 12
(d) Construction. – Nothing in this section shall be construed as authorizing the sale, 13
delivery, or possession of any hemp, hemp product, or hemp-derived consumable product that is 14
not otherwise authorized by State or federal law." 15
SECTION 2. This act becomes effective October 1, 2025, and applies to offenses 16
committed on or after that date. 17