AN act to prohibit hemp‑derived consumable 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 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 phytocannabinoid found in hemp, including delta‑9 tetrahydrocannabinol (delta‑9 THC), tetrahydrocannabinolic acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol (CBN), cannabigerol (CBG), cannabichromene (CBC), cannabicyclol (CBL), cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), cannabicitran (CBT), delta‑7 tetrahydrocannabinol (delta‑7 THC), delta‑8 tetrahydrocannibinol (delta‑8 THC), or delta‑10 tetrahydrocannibinol (delta‑10 THC). 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.

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

(1)        For any person to knowingly sell or deliver a hemp‑derived consumable product to a person who is under 21 years of age. A person engaged in the sale of hemp‑derived consumable 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.

(c)        Punishment. – Any person who violates this section is guilty of a Class 2 misdemeanor.

(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 that is not otherwise authorized by State or federal law.

SECTION 2.  This act becomes effective October 1, 2025, and applies to offenses committed on or after that date.