AN act to prohibit hemp‑derived consumable products AND KRATOM PRODUCTS from being possessed by or sold to persons under age twenty‑one.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 39 of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑313.1.  Possession of hemp‑derived consumable products and kratom under age 21 prohibited.

(a)        Definitions. – Unless the context requires otherwise, the following definitions apply in this section:

(1)        Deliver. – The actual constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

(2)        Hemp. – As defined in G.S. 90‑87.

(3)        Hemp‑derived cannabinoid. – Any tetrahydrocannabinol or any tetrahydrocannabinolic acid naturally contained in the plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant or synthetic substances, derivatives, and any isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, including any optical, positional, or geometric isomers. This term also includes any synthetic cannabinoid derived from hemp and contained in a hemp‑derived consumable product.

(4)        Hemp‑derived consumable product. – A hemp product that is a finished good intended for human ingestion or inhalation that contains a concentration of any hemp‑derived cannabinoid, including any hemp product that at the time of sale to the ultimate consumer contains a delta‑9 THC concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis. This term does not include hemp products intended for topical application, or seeds or seed‑derived ingredients that are generally recognized as safe by the United States Food and Drug Administration (FDA).

(5)        Hemp product. – As defined in G.S. 90‑87.

(6)        Ingestion. – The process of consuming through the mouth, by swallowing into the gastrointestinal system or through tissue absorption.

(7)        Inhalation. – The process of consuming into the respiratory system through the mouth or nasal passages.

(8)        Kratom product. – Any consumer commodity containing any quantity of mitragynine or 7‑hydroxymytragynine or both, extracted from the leaf of the plant Mitragyna speciosa. This definition includes a synthesized kratom product.

(9)        Synthesized kratom product. – An alkaloid, metabolite, or alkaloid derivative that has been created by chemical synthesis or biosynthetic means, including, but not limited to, fermentation, recombinant techniques, yeast derived, enzymatic techniques, rather than traditional food preparation techniques, such as heating or extracting, that synthetically alters the composition of any kratom alkaloid or constituent.

(b)        Prohibition. – Both of the following are unlawful:

(1)        For any person to knowingly sell or deliver a hemp‑derived consumable product or kratom product to a person who is under 21 years of age. A person engaged in the sale of hemp‑derived consumable products or kratom products shall demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under 21 years of age.

(2)        For any person who is under 21 years of age to possess a hemp‑derived consumable product or kratom product.

(c)        Punishment. – Any person who violates this section is guilty of a Class 2 misdemeanor, which shall include, in addition to any other punishment prescribed for that offense, a fine of five hundred dollars ($500.00) for a first offense, one thousand dollars ($1,000) for a second offense, and one thousand five hundred dollars ($1,500) for a third or subsequent offense.

(d)       Construction. – Nothing in this section shall be construed as authorizing the sale, delivery, or possession of any hemp, hemp product, or hemp‑derived consumable product or kratom product that is not otherwise authorized by State or federal law.

SECTION 2.  This act becomes effective December 1, 2026, and applies to offenses committed on or after that date.