North Carolina HB 802: Nicotine and Vaping Prevention in Schools.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 802

Short Title: Nicotine & Vaping Prevention in Schools. (Public)
Sponsors: Representatives Rubin, Lambeth, White, and Cervania (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 8, 2025
*H802-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE SCHOOLS TO PROVIDE EVIDENCE-BASED NICOTINE, HEMP, 2
AND VAPOR PRODUCT USE MATERIALS AND TO DIRECT DISCIPLINARY 3
REPERCUSSIONS FOR STUDENTS FOUND VAPING. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) Article 29A of Chapter 115C of the General Statutes is amended by 6
adding a new section to read: 7
"§ 115C-407.1. Definitions. 8
For the purposes of this Article, the following definitions apply: 9
(1) Hemp product. – Products derived from hemp, as defined in G.S. 90-87, and 10
their synthetic counterparts that are designed, manufactured, or sold to be 11
inhaled or otherwise consumed, including the substances commonly known 12
as "delta-8," "delta-9," and "CBD." 13
(2) Nicotine product. – Includes any of the following: 14
a. Tobacco product. – Any product that contains tobacco and is intended 15
for human consumption. For purposes of this section, the term includes 16
an alternative nicotine product, vapor product, consumable product, or 17
components of a vapor product. 18
b. Alternative nicotine product. – Any noncombustible product that 19
contains nicotine, whether natural or synthetic, but does not contain 20
tobacco and is intended for human consumption whether chewed, 21
absorbed, dissolved, ingested, or by other means. This term does not 22
include a vapor product or any product regulated by the United States 23
Food and Drug Administration under Chapter V of the Federal Food, 24
Drug, and Cosmetic Act. 25
(3) Vapor product. – Any noncombustible product that employs a mechanical 26
heating element, battery, or electronic circuit regardless of shape or size and 27
that can be used to heat a consumable product. The term includes an electronic 28
cigarette, electronic cigar, electronic cigarillo, and electronic pipe. The term 29
does not include any product regulated by the United States Food and Drug 30
Administration under Chapter V of the Federal Food, Drug, and Cosmetic 31
Act." 32
SECTION 1.(b) G.S. 115C-407 reads as rewritten: 33
"§ 115C-407. Policy prohibiting tobacco nicotine, hemp, and vapor product use in school 34
buildings, grounds, and at school-sponsored events. 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 802-First Edition
(a) Not later than August 1, 2008, local boards of education Governing bodies of public 1
school units shall adopt, implement, and enforce adopt a written policy prohibiting at all times 2
the use of any tobacco nicotine, hemp, and vapor product by any person in school buildings, in 3
school facilities, on school campuses, and in or on any other school property owned or operated 4
by the local school administrative public school unit. The policy shall further prohibit the use of 5
all tobacco nicotine, hemp, and vapor products by persons attending a school-sponsored event at 6
a location not listed in this subsection when in the presence of students or school personnel or in 7
an area where smoking is otherwise prohibited by law. 8
(b) The policy shall include at least all of the following elements: 9
(1) Adequate notice to students, parents, the public, and school personnel of the 10
policy. 11
(2) Posting of signs prohibiting at all times the use of tobacco nicotine, hemp, and 12
vapor products by any person in and on school property. 13
(3) Requirements that school personnel enforce the policy. 14
(c) The policy may permit tobacco nicotine, hemp, and vapor products to be included in 15
instructional or research activities in public school buildings if the activity is conducted or 16
supervised by the faculty member overseeing the instruction or research and the activity does not 17
include smoking, chewing, or otherwise ingesting the tobacco nicotine, hemp, or vapor product. 18
(d) The North Carolina Health and Wellness Trust Fund Commission Department of 19
Health and Human Services shall work with local boards of education governing bodies of public 20
school units to provide assistance with the implementation of this policy including providing 21
evidence-based, age-appropriate information regarding smoking nicotine, hemp, and vapor 22
cessation and use prevention resources. resources to students at the beginning of each school 23
year. Students shall be able to access evidence-based, age-appropriate nicotine, hemp, and vapor 24
product cessation and use prevention materials throughout the school year. 25
(d1) Nothing in this section, G.S. 143-595 through G.S. 143-601, or any other section 26
prohibits a local board of education governing body of a public school unit from adopting and 27
enforcing a more