North Carolina SB 59: Revise Voluntary Ag. District Laws.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 2
SENATE BILL 59
House Committee Substitute Favorable 6/10/26

Short Title: Age 21 Hemp-Derived Consumables/Kratom. (Public)
Sponsors:
Referred to:
February 6, 2025
*S59-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO PROHIBIT HEMP-DERIVED CONSUMABLE PRODUCTS AND KRATOM 2
PRODUCTS FROM BEING POSSESSED BY OR SOLD TO PERSONS UNDER AGE 3
TWENTY-ONE. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Article 39 of Chapter 14 of the General Statutes is amended by adding 6
a new section to read: 7
"§ 14-313.1. Possession of hemp-derived consumable products and kratom under age 21 8
prohibited. 9
(a) Definitions. – Unless the context requires otherwise, the following definitions apply 10
in this section: 11
(1) Deliver. – The actual constructive, or attempted transfer from one person to 12
another of a controlled substance, whether or not there is an agency 13
relationship. 14
(2) Hemp. – As defined in G.S. 90-87. 15
(3) Hemp-derived cannabinoid. – Any tetrahydrocannabinol or any 16
tetrahydrocannabinolic acid naturally contained in the plant of the genus 17
Cannabis (cannabis plant), as well as synthetic equivalents of the substances 18
contained in the cannabis plant or synthetic substances, derivatives, and any 19
isomers with similar chemical structure and pharmacological activity to those 20
substances contained in the plant, including any optical, positional, or 21
geometric isomers. This term also includes any synthetic cannabinoid derived 22
from hemp and contained in a hemp-derived consumable product. 23
(4) Hemp-derived consumable product. – A hemp product that is a finished good 24
intended for human ingestion or inhalation that contains a concentration of 25
any hemp-derived cannabinoid, including any hemp product that at the time 26
of sale to the ultimate consumer contains a delta-9 THC concentration of not 27
more than three-tenths of one percent (0.3%) on a dry weight basis. This term 28
does not include hemp products intended for topical application, or seeds or 29
seed-derived ingredients that are generally recognized as safe by the United 30
States Food and Drug Administration (FDA). 31
(5) Hemp product. – As defined in G.S. 90-87. 32
(6) Ingestion. – The process of consuming through the mouth, by swallowing into 33
the gastrointestinal system or through tissue absorption. 34
(7) Inhalation. – The process of consuming into the respiratory system through 35
the mouth or nasal passages. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 59-Second Edition
(8) Kratom product. – Any consumer commodity containing any quantity of 1
mitragynine or 7-hydroxymytragynine or both, extracted from the leaf of the 2
plant Mitragyna speciosa. This definition includes a synthesized kratom 3
product. 4
(9) Synthesized kratom product. – An alkaloid, metabolite, or alkaloid derivative 5
that has been created by chemical synthesis or biosynthetic means, including, 6
but not limited to, fermentation, recombinant techniques, yeast derived, 7
enzymatic techniques, rather than traditional food preparation techniques, 8
such as heating or extracting, that synthetically alters the composition of any 9
kratom alkaloid or constituent. 10
(b) Prohibition. – Both of the following are unlawful: 11
(1) For any person to knowingly sell or deliver a hemp-derived consumable 12
product or kratom product to a person who is under 21 years of age. A person 13
engaged in the sale of hemp-derived consumable products or kratom products 14
shall demand proof of age from a prospective purchaser if the person has 15
reasonable grounds to believe that the prospective purchaser is under 21 years 16
of age. 17
(2) For any person who is under 21 years of age to possess a hemp-derived 18
consumable product or kratom product. 19
(c) Punishment. – Any person who violates this section is guilty of a Class 2 20
misdemeanor, which shall include, in addition to any other punishment prescribed for that 21
offense, a fine of five hundred dollars ($500.00) for a first offense, one thousand dollars ($1,000) 22
for a second offense, and one thousand five hundred dollars ($1,500) for a third or subsequent 23
offense. 24
(d) Construction. – Nothing in this section shall be construed as authorizing the sale, 25
delivery, or possession of any hemp, hemp product, or hemp-derived consumable product or 26
kratom product that is not otherwise authorized by State or federal law." 27
SECTION 2. This act becomes effective December 1, 2026, and applies to offenses 28
committed on or after that date. 29