North Carolina lawmakers moved closer to restricting hemp-derived intoxicating products to adults 21 and older, with Senate Bill 59 advancing to the House Rules Committee this week.
The bipartisan measure would prohibit the sale or possession of hemp products containing delta-8 or delta-9 THC to anyone under 21. The bill also sets the same age requirement for kratom purchases.
"We're seeing these products everywhere—gas stations, convenience stores, vape shops," said one industry observer familiar with the legislation. "Right now there's no consistent age verification."
The Regulatory Gap
North Carolina has operated without comprehensive hemp product regulations since the 2018 Farm Bill federally legalized hemp. That law removed hemp and its derivatives from the Controlled Substances Act, defining hemp as cannabis containing less than 0.3% delta-9 THC by dry weight.
But the law created a massive loophole. Manufacturers quickly learned to extract and concentrate delta-8 THC—a less potent THC isomer—from legal hemp. Others produce delta-9 edibles that stay under the 0.3% threshold by weight while still delivering significant intoxicating doses.
The result: intoxicating cannabis products sold legally in states without adult-use programs. North Carolina has no legal recreational marijuana market, yet hemp-derived THC products line retail shelves with minimal oversight.
What the Bill Does
Senate Bill 59 takes a measured approach compared to outright bans pursued in other states. The legislation sets 21 as the minimum age for purchase and possession but stops short of prohibiting the products entirely.
The bill also addresses kratom, a Southeast Asian plant with opioid-like effects that has drawn FDA scrutiny but remains legal federally. Several states have moved to regulate or ban kratom amid concerns about dependence and contamination.
Retailers would bear responsibility for age verification under the proposal. Penalties for violations have not been detailed in available summaries of the bill.
Industry Response
Hemp industry groups have generally supported age restrictions as a compromise position. Many see regulation as preferable to prohibition, which several states have enacted.
Texas banned delta-8 products last year. Other states including Colorado, Montana, and Rhode Island have implemented similar prohibitions. The regulatory patchwork has created compliance headaches for manufacturers operating across state lines.
"Responsible operators want clear rules," said one hemp industry attorney who requested anonymity. "Age restrictions make sense. Nobody wants these products in the hands of minors."
But the hemp sector also faces pressure from traditional cannabis operators who argue that unregulated hemp products undercut legal marijuana markets. In states with adult-use programs, licensed dispensaries must navigate strict testing, packaging, and taxation requirements that hemp retailers often avoid.
What's Next
The bill now awaits consideration by the House Rules Committee. No timeline for a vote has been announced.
If enacted, North Carolina would join a growing list of states implementing hemp product regulations without full marijuana legalization. The approach reflects political reality in conservative-leaning states where hemp enjoys bipartisan support but recreational cannabis remains controversial.
North Carolina lawmakers have debated medical marijuana legislation for years without success. A medical cannabis bill advanced further than ever in 2023 but ultimately stalled. Hemp regulation may prove an easier political lift.
The Senate vote on SB 59 drew support from both parties, suggesting broad appetite for at least minimal hemp oversight. Whether that translates to House passage remains uncertain.
This article is based on original reporting by ganjapreneur.com.
