A Republican-backed compromise to ban intoxicating hemp products for people younger than 21 years passed the North Carolina Senate on Thursday, but stalled in the House. This comes after House Speaker Destin Hall declined to bring it up for a vote before lawmakers left Raleigh for their monthlong break.
The legislation would prohibit hemp-derived products that produce an intoxicating effect for people under 21, while establishing a regulatory framework for other hemp products. It also would regulate kratom and xylazine. The proposal comes as Congress considers a federal ban on many intoxicating hemp products that could take effect later this year, though many? state lawmakers say North Carolina should not rely on federal action alone.
The House’s decision to delay a vote exposed an unusual split between Republican leaders after negotiators from both chambers had already agreed on a final version of the bill.
House Republicans discussed the legislation during a caucus meeting Thursday morning. Sources familiar with the meeting told WRAL members generally agreed the legal age should be 21.
Currently, the state has no age restrictions for purchasing intoxicating hemp-based products.
The legislation is the latest attempt to regulate hemp-derived THC, Tetrahydrocannabinol, products, including gummies, drinks and vape products sold in convenience stores and smoke shops. The industry has expanded rapidly since hemp was federally legalized in 2018.
Although marijuana remains illegal in North Carolina, other products containing THC are allowed. THC is the main psychoactive ingredient in marijuana. Hemp and marijuana contain THC, but hemp is legal in the state because it contains THC at far lower levels than marijuana — enough to impart some side-effects that users seek out, but generally not enough to get people high.
Some growers and manufacturers have figured out how to extract THC from hemp plants and introduce products into the marketplace touting the legal substance they do contain — cannabidiol, or CBD — but may possess enough THC to get someone high. Those products don’t face the same labeling requirements as other drugs and, officials say, are easily available at vape shops and convenience stores throughout the state. They are often marketed as legal alternatives to marijuana but are sold without consistent statewide standards for manufacturing, testing, labeling, packaging or age verification. Some shops sell these products to minors, officials say.
House leaders have advanced proposals to regulate hemp-derived THC products such as Delta-8 and Delta-9. The Senate has also considered THC regulation but has favored stricter bans.
‘Doing nothing was not an option’
After years of failed attempts to regulate intoxicating hemp products, Senate Republicans said they didn’t want to wait any longer.
“There always was an excuse not to do something,” Senate Leader Phil Berger, R-Rockingham, told reporters after Thursday’s vote.
Berger rejected arguments that North Carolina should wait to see whether Congress enacts its own restrictions on intoxicating hemp products later this year.
He also sought to separate the hemp debate from marijuana legalization, an issue that has long divided the two chambers. The Senate has repeatedly approved medical marijuana legislation, while House Republican leaders have declined to bring those bills to the floor.
“If there are folks that want to legalize marijuana, then they can introduce that bill, and we can talk about that,” Berger said. “But … doing nothing was not an option.”
A 2024 WRAL News Poll found 70% of North Carolinians support legalizing medical marijuana, including a majority of self-described “very conservative” voters. Other recent polling has found narrow majority support for legalizing recreational marijuana.
House wants more time
House Speaker Destin Hall told reporters Thursday that House Republicans support restricting access to harmful hemp products but were not prepared to vote on agreement.
“Our caucus desire is to make sure that we’re keeping the bad products out,” Hall said. “Not letting people under 21 buy these products and completely eliminating the other harmful products.”
Hall also reiterated the House Republican caucus remains opposed to marijuana legalization.
“I know our caucus has no interest in doing any sort of marijuana, medicinal or otherwise,” he said.
Rare split after negotiations
Conference reports are typically the final product of negotiations between the House and Senate and are quickly approved by both chambers.
Instead, the Senate passed the compromise while the House left Raleigh without taking it up.
Asked by WRAL whether the Senate was trying to pressure the House by voting first, Hall dismissed the idea.
“It wouldn’t be the first time one chamber’s passed something and the other one didn’t take it up,” Hall said. “There’s no pressure from our side.”
House members will continue reviewing the proposal before deciding whether to vote on it when lawmakers return later this month.