North Carolina

North Carolina has been an unusually permissive market for hemp-derived cannabinoids since Session Law 2022-32 (SB 455) codified the hemp carve-out from the state’s controlled substances schedule at G.S. 90-94. That statute defined hemp using the federal Farm Bill’s delta-9-only standard (0.3% dry weight), established no per-serving milligram cap, imposed no state age requirement, and did not require any state-level retailer license. As a result, an approximately $3.2 billion hemp industry emerged across the state (Whitney Economics: 16,000+ jobs, $4.4B total economic impact), with THCA flower, delta-8 products, delta-9 gummies, HHC, and hemp beverages sold widely at smoke shops, dispensaries, grocery stores, and online. The 2025-2026 legislative session produced at least six competing hemp regulatory proposals. HB 328 emerged as the vehicle — but the House and Senate passed substantially different versions, and the bill effectively died on April 21, 2026 when the House voted 95-18 not to concur with Senate changes. It returned as a conference report that passed the Senate 37-6 on July 2, 2026 and awaits House vote the week of July 27. If enacted, HB 328 creates new Chapter 18D of the General Statutes: age-21 sale and possession effective July 15, 2026, and a redefinition of hemp effective November 12, 2026 that mirrors federal Section 781 (total-THC standard, 0.4mg/container cap, synthetic and chemically-converted cannabinoids excluded). Licensing through the Alcohol Law Enforcement (ALE) Division: $500 retail, $25,000 manufacturer application fees. Prohibited product violations post-November 12 become Schedule VI controlled substances offenses. Alternative approaches remain in play — SB 265 (industry-preferred, ABC Commission oversight), SB 59 (age-21 with kratom), and SB 328 (narrow age-21 restriction) — but HB 328 is the vehicle most likely to reach Governor Stein’s desk. Ward and Smith notes an important quirk: if federal Section 781 is later repealed or delayed, HB 328 would NOT automatically re-align state law, leaving NC potentially stricter than federal.