North Carolina SB 937: Marijuana and Vapor Products Reform.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 937

Short Title: Marijuana and Vapor Products Reform. (Public)
Sponsors: Senator Burgin (Primary Sponsor).
Referred to: Rules and Operations of the Senate
April 30, 2026
*S937-v-1*
A BILL TO BE ENTITLED 1
AN ACT DECRIMINALIZING POSSESSION OF FIVE GRAMS OR LESS OF 2
MARIJUANA; CONFORMING THE STATE DEFINITION OF HEMP WITH THE 3
FEDERAL DEFINITION AND PROHIBITING CERTAIN THC AND CANNABIS 4
PRODUCTS; INCREASING THE PENALTIES FOR MANUFACTURING AND 5
SELLING MARIJUANA; RAISING THE AGE TO PURCHASE TOBACCO, VAPOR, 6
AND CONSUMABLE PRODUCTS; INCREASING THE EXCISE TAX ON VAPOR 7
PRODUCTS; INCREASING THE UNAUTHORIZED SUBSTANCE EXCISE TAX ON 8
MARIJUANA; EXPANDING ALCOHOL LAW ENFORCEMENT'S (ALE) SUBJECT 9
MATTER JURISDICTION; MAKING AN APPROPRIATION FOR EVIDENCE 10
STORAGE AND DISPOSAL BY ALE; AND MAKING ADMINISTRATIVE AND 11
ENFORCEMENT CHANGES TO THE VAPOR PRODUCTS DIRECTORY. 12
The General Assembly of North Carolina enacts: 13
14
PART I. THC PRODUCTS PROHIBITED AND POSSESSION OF 5 GRAMS OR LESS 15
OF MARIJUANA DECRIMINALIZED 16
SECTION 1.1.(a) G.S. 90-94 reads as rewritten: 17
"§ 90-94. Schedule VI controlled substances. 18
(a) This schedule includes the controlled substances listed or to be listed by whatever 19
official name, common or usual name, chemical name, or trade name designated. In determining 20
that such substance comes within this schedule, the Commission shall find: no currently accepted 21
medical use in the United States, or a relatively low potential for abuse in terms of risk to public 22
health and potential to produce psychic or physiological dependence liability based upon present 23
medical knowledge, or a need for further and continuing study to develop scientific evidence of 24
its pharmacological effects. 25
(b) The following controlled substances are included in this schedule: 26
(1) Marijuana. 27
(2) Tetrahydrocannabinols, except for tetrahydrocannabinols found in a product 28
with a delta-9 tetrahydrocannabinol concentration total tetrahydrocannabinols 29
(including tetrahydrocannabinolic acid) concentration of not more than 30
three-tenths of one percent (0.3%) on a dry weight basis. 31
(3) Repealed by Session Laws 2017-115, s. 8, effective December 1, 2017, and 32
applicable to offenses committed on or after that date. 33
...." 34
SECTION 1.1.(b) G.S. 90-87 reads as rewritten: 35
"§ 90-87. Definitions. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 937-First Edition
As used in this Article: 1
... 2
(3b) "Container" means the innermost wrapping, packaging, or vessel in direct 3
contact with a final hemp-derived cannabinoid product in which the final 4
hemp-derived cannabinoid product is enclosed for retail sale to consumers, 5
such as a jar, bottle, bag, box, packet, can, carton, or cartridge. 6
... 7
(13a) "Hemp" means the plant Cannabis sativa (L.) and any part of that plant, 8
including the seeds thereof and all derivatives, extracts, cannabinoids, 9
isomers, acids, salts, and salts of isomers, whether growing or not, with a 10
delta-9 tetrahydrocannabinol concentration total tetrahydrocannabinols 11
(including tetrahydrocannabinolic acid) concentration of not more than 12
three-tenths of one percent (0.3%) on a dry weight basis. The term excludes 13
all of the following: 14
a. Any viable seeds from a Cannabis sativa L. plant that exceeds a total 15
tetrahydrocannabinols (including tetrahydrocannabinolic acid) 16
three-tenths of one percent (0.3%) on a dry weight basis. 17
b. Any intermediate hemp-derived cannabinoid products containing: 18
1. Cannabinoids that are not capable of being naturally produced 19
by a Cannabis sativa L. plant. 20
2. Cannabinoids that are capable of being naturally produced by 21
a Cannabis sativa L. plant and were synthesized or 22
manufactured outside of the plant. 23
3. More than three-tenths of one percent (0.3%) combined total 24
tetrahydrocannabinols concentration (including 25
tetrahydrocannabinolic acid) and any other cannabinoids that 26
have similar effects (or are marketed to have similar effects) 27
on humans or animals as a tetrahydrocannabinol, as 28
determined by the Secretary of Health and Human Services. 29
c. Any intermediate hemp-derived cannabinoid products that are 30
marketed or sold as a final product or directly to an end consumer for 31
personal or household use. 32
d. Any final hemp-derived cannabinoid products containing: 33
1. Cannabinoids that are not capable of being naturally produced 34
by a Cannabis sativa L. plant. 35
2. Cannabinoids that are capable of being naturally produced by 36
a Cannabis sativa L. plant and were synthesized or 37
manufactured outside of the plant. 38
3. More than 0.4 milligrams combined total per container of total 39
tetrahydrocannabinols (including tetrahydrocannabinolic acid) 40
and any other cannabinoids that have similar effects (or are 41
marketed to have similar effects) on humans or animals as a 42
tetrah