Behind the vibrant packaging designed to attract young consumers in North Carolina’s vape shops lies a troubling lack of transparency, according to public health advocates and law enforcement officials. Many buyers remain unaware if the edibles they purchase contain legal CBD, high-dose psychoactive Delta-8, or even more harmful substances.
These retailers have operated in a regulatory gray area for years, a scenario described by Gov. Josh Stein as “the Wild West.” In response, Stein and others are advocating for greater order within the largely unregulated cannabis market, which reportedly generates around $3.2 billion annually, according to the 2023 U.S. Cannabis Report.
Establishment of the North Carolina Advisory Council on Cannabis
In June 2025, Stein established the 27-member North Carolina Advisory Council on Cannabis, led by Lawrence Greenblatt, the state health director, and Matt Scott, district attorney of Robeson County. Their mission is to craft a comprehensive regulatory approach for cannabis sales, aimed at creating a safe market for adults while safeguarding minors. An interim report has already been issued ahead of the General Assembly’s short session commencing on April 21.
“Last year, I tasked this group with devising a comprehensive solution to the unregulated sale of cannabis that prioritizes public health and safety, particularly for young people,” Stein stated on April 2. “This report provides the General Assembly with vital guidance, emphasizing that a well-regulated market, complete with oversight and enforcement authority, is crucial for the safety of our state.”
Recommendations for Cannabis Regulation
Among the council’s key proposals is the establishment of a legally regulated market for marijuana and hemp products accessible to adults aged 21 and older. Lawmakers are advised to implement a state-licensed retail system, accompanied by a 30% excise tax on cannabis sales, which could fund public health initiatives and community projects.
Additionally, the council suggests regulating hemp and marijuana products based on their tetrahydrocannabinol (THC) levels, the compound responsible for marijuana’s psychoactive effects. THC is consumed for various reasons, including recreational enjoyment and relief from medical conditions such as chronic pain, anxiety, and insomnia.
Currently, marijuana remains illegal for both recreational and medical use in North Carolina, contrasting sharply with 24 states that have legalized it for recreational purposes and 40 that allow it for medical use. Legalizing medical marijuana has been a recurring topic in the General Assembly, albeit with resistance from some lawmakers.
Concerns Over Hemp-Derived Products
The rise in hemp-derived products has prompted calls for increased regulation. The Cannabis Council has made further recommendations, such as implementing safety measures regarding packaging, potency limits, and mandatory testing.
The council’s interim report emphasizes the need for a decision regarding the ongoing allowance of an unregulated marketplace versus the establishment of a regulatory framework designed to prioritize public health and safety. A final report is expected in December.
Law Enforcement Insights
In February, leaders from the State Bureau of Investigation (SBI) and Alcohol Law Enforcement (ALE) presented their findings to the Joint Legislative Oversight Committee on Justice and Public Safety. ALE Director Bryan House highlighted a significant increase in complaints regarding vape and smoke shops across the state.
Due to the absence of mandatory state licensing for these retailers, agencies struggle to estimate their numbers, with SBI Director Chip Hawley suggesting a range of 12,000 to 14,000 shops. House noted a concerning trend where complaints involving young individuals who have experienced health issues or overdoses at these shops are prioritized.
In these stores, illegal THC products are prevalent, along with psilocybin edibles resembling candy, which can be purchased without age restrictions. In 2025, ALE tested 351 samples from shops, with 319 exceeding the legal THC limit. Over half of these involved Delta-9 THC, known for its strong psychoactive effects.
“Many of these samples are mislabeled, and there are numerous incidents of underage misuse leading to overdoses or illnesses,” House informed lawmakers. He added, “Marijuana is being sold openly in North Carolina, especially in vape and tobacco shops that often mislabel their products as hemp, frequently selling to minors.”
The issue extends beyond youth; even law enforcement officers have faced repercussions after consuming products from these shops, testing positive for drugs. House remarked on law enforcement officers and military personnel being deemed unfit for duty due to such incidents.
Calls for Unified Action
Rep. Carson Smith (R-Wilmington) emphasized the need for law enforcement agencies to collaborate on recommendations for lawmakers. “While we’ve made some progress, we are significantly behind,” he remarked. “These shops are selling both legal and illegal products, much of which lacks clear origin or content.”
Law enforcement leaders called for increased staffing and better compensation. House suggested low-hanging fruit solutions to address the situation effectively while acknowledging that ALE’s current authority is limited to age restrictions and tax compliance.
“If a cannabis regulation policy emerges, we will need enforceable statutes, inspection authority, and adequate resources to ensure consistent law enforcement,” House added.
Monitor Federal Changes
As discussions around stricter regulations on hemp-derived products continue, attention is being given to federal initiatives. The One Big Beautiful Bill Act, passed by Congress last summer, narrows the definition of legal hemp, set to take effect this November. The implications for state enforcement remain uncertain.
Law enforcement agencies such as ALE possess limited avenues for enforcing federal laws without collaboration with federal entities. House was queried by lawmakers regarding the impacts of the new hemp definition in North Carolina, stating, “The short answer is I don’t know,” emphasizing the challenges in widespread enforcement.