Senate Bill 328 creates a new criminal offense in North Carolina for the sale, delivery, or possession of hemp-derived consumable products by or to persons under 21 years of age. The bill defines hemp-derived consumable products broadly to include finished goods intended for ingestion or inhalation that contain hemp-derived cannabinoids, including delta-8 THC, delta-9 THC at hemp-legal levels, THCA, CBD, and other listed cannabinoids, as well as synthetic cannabinoids derived from hemp. It also requires sellers to demand proof of age when they have reasonable grounds to believe a purchaser is under 21.
The bill makes it unlawful for any person to knowingly sell or deliver these products to someone under 21 and unlawful for a person under 21 to possess them. A violation is classified as a Class 2 misdemeanor. The measure does not legalize any hemp product otherwise prohibited by state or federal law, and it excludes topical products and certain FDA-recognized seed-derived ingredients from the definition of covered consumables. The act takes effect October 1, 2025, and applies to offenses committed on or after that date.
Impact
S328 would add a new section, G.S. 14-313.1, to Chapter 14 of the North Carolina General Statutes, expanding the state’s age-based restrictions on cannabinoid products. It would affect retailers, distributors, and individuals who sell or possess hemp-derived consumable products, and it would create a misdemeanor penalty for violations. The bill also establishes an age-verification expectation for sellers and clarifies that it does not authorize any hemp product that is otherwise unlawful under existing state or federal law.
Sentiment
The voting history suggests broad support for the bill. It passed second reading in the Senate 42-0 and later passed the House overwhelmingly, with only a small number of dissenting votes on subsequent readings. No committee transcript was provided, so the available record shows little publicized debate in the materials supplied, but the roll calls indicate the measure was generally viewed favorably by lawmakers.
Contention
The main policy issue is the scope of the restriction on hemp-derived consumables, especially products containing cannabinoids such as delta-8 THC, delta-9 THC, THCA, and CBD. Potential points of contention include whether the bill treats hemp-derived products too similarly to marijuana-related products, how broadly the definition reaches inhalable or ingestible hemp items, and the burden placed on retailers to verify age. The bill’s opponents, as reflected by the few no votes, appear to have objected to some aspect of the restriction or criminal penalty, while the overwhelming majority supported limiting youth access.