SB 265
On March 11, 2025, the North Carolina Senate introduced the Protecting Our Communities Act (SB 265), which attempts to establish a comprehensive regulatory framework for hemp products.
SB 265 introduces certain licensing, packaging, manufacturing, distribution, laboratory testing, advertising regulations, and a myriad of both civil and criminal penalties for violations.
Most notably, SB 265 would prohibit and penalize the sale of any hemp products to anyone under the age of 21.
HB 328
The North Carolina House Health Committee advanced House Bill 328 (HB 328) with bipartisan support, which seeks to ban legal hemp products from public school grounds. The bill was referred to the Committee on Education for review on March 25, 2025.
HB 328 would require public school districts to adopt a written policy prohibiting the use of Delta 8 and 9 products, which can be packaged to look like candy, chips, and sweets that could be attractive to children. HB 328 also clarifies that vape products are included under North Carolina's school tobacco ban.
Analysis
NC SB 265 has the support of the NC Hemp industry support and sets out a comprehensive regulatory framework that is focused on three primary goals: 1) limiting access to minors, 2) creating standardized oversight in the production and manufacturing of hemp products, and 3) creating uniform labeling requirements to ensure consumers have adequate information about the products to make a well-informed decision.
While SB 265 and HB 328, if signed into law, create additional regulations on hemp products in North Carolina, they do not seek to ban or comprehensively limit their legality.
Conclusions
The North Carolina House and Senate are both controlled by Republican majority. Therefore, the restrictions on hemp products created by SB 265 and HB 328 will likely pass both houses. Since the bills are both in review, they could be amended from their current form, but it is unlikely any amendments would substantively change the impact of these bills.
This article was co-authored by Daniel P. McGee, counsel, Buchanan, and Jackson E. Brown, associate, Buchanan.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
