North Carolina House Moves Hemp-Derived THC Restrictions Toward Final Vote

Key Points
  • North Carolina lawmakers have advanced House Bill 328, which would impose new restrictions on hemp-derived THC products, kratom, and xylazine, moving it closer to a final House vote.
  • The bill replaces the delta-9-only hemp threshold with a total THC standard including THCA, delta-8 THC, delta-10 THC, and others, limiting finished hemp-derived consumables to 0.4 mg of total THC per container starting November 12.
  • The legislation prohibits the sale, delivery, and possession of hemp-derived consumable products by individuals under 21, with violations classified as Class 2 misdemeanors and escalating penalties for businesses, while also banning synthetic cannabinoids and synthetic kratom products.
  • Additionally, the bill adds xylazine to Schedule III controlled substances beginning December 1 and sets an unusual effective date of July 15, 2026, for the under-21 restrictions on hemp and kratom despite that date having already passed.

North Carolina lawmakers have advanced legislation that would impose new restrictions on hemp-derived THC products, kratom and xylazine, moving it closer to a final House vote.

On July 30, a House conference committee formally reported the negotiated version of House Bill 328 and sent it to the House Rules, Calendar, and Operations Committee. The referral is the latest recorded action on the measure and places it in position to be scheduled for a final House vote.

The Senate adopted the conference report in a 37–6 vote on July 2. The House must now approve the same report before the legislation can be sent to State Governor Josh Stein for consideration. No House vote on the conference report had been recorded as of July 31.

Under the proposal, North Carolina would replace its delta-9-only hemp threshold with a total THC standard that includes THCA, delta-8 THC, delta-10 THC and other forms of THC. Finished hemp-derived cannabinoid products intended for consumption would be limited to 0.4 milligrams of total THC per container beginning November 12. Products containing synthetic or chemically converted cannabinoids would also be prohibited.

The measure would separately prohibit the sale or delivery of hemp-derived consumable products to anyone under 21 and prohibit possession by those under 21. Violations would be Class 2 misdemeanors, with escalating civil penalties for businesses that illegally sell the products.

Notably, the conference report continues to list July 15, 2026, as the effective date for the under-21 hemp and kratom provisions, even though that date passed before the House formally reported the agreement. No updated version changing the effective date has been posted.

The bill would also prohibit synthetic kratom products, establish a minimum age of 21 for kratom possession and sales, and add xylazine to Schedule III of North Carolina’s controlled substances list beginning December 1.