Why It Matters
North Carolina lawmakers are moving to restrict intoxicating hemp products ahead of a federal ban scheduled for November, addressing what state leaders describe as a public health crisis driven by largely unregulated cannabis derivatives flooding the market since 2018.
What Happened
The North Carolina Senate voted 43–6 to approve House Bill 328 on the chamber’s final day before a month-long recess, banning most cannabis products currently available for purchase across the state. The measure prohibits the sale of intoxicating hemp products—defined as those containing more than 0.4 milligrams of total THC—and raises the minimum age for hemp consumable purchases to 21.
The bill also bans xylazine and synthetic kratom while restricting natural kratom sales to adults 21 and older. Hemp business owners in the state have indicated the 0.4 milligram THC threshold would effectively eliminate nearly all products currently on shelves.
Senate President Pro Tem Phil Berger defended the swift action, stating: “The personal loss that has occurred across the state of North Carolina as a result of these products is such that we just could not and should not delay any further. We have gotten to such a point where doing nothing was not an option.”
The Senate version takes a harder line than its House counterpart, banning a broader range of hemp-derived products. The House had already adjourned when the Senate voted. Lawmakers will reconvene July 27, when the House is expected to take up the Senate version.
By the Numbers
43–6 — Senate vote margin in favor of the bill
0.4 milligrams — maximum THC content threshold for hemp products under the ban
21 — minimum age for hemp consumable and natural kratom purchases
600% — increase in emergency room visits for minors related to cannabis since 2019, according to state child fatality task force data from 2025
2018 — year federal regulations began allowing widespread sale of hemp derivatives
Zoom Out
The North Carolina measure follows a federal ban on intoxicating hemp products that was enacted as part of last year’s Farm Bill but has not yet taken effect. The federal restriction is scheduled to take place in November. However, the Trump administration has signaled resistance to the federal ban, urging Congress last month to reverse it—creating uncertainty about whether federal enforcement will materialize as planned.
The rise of hemp-derived cannabis products represents a regulatory gap that has emerged over the past eight years. Since 2018, when federal law opened the door to hemp cultivation and processing, manufacturers have marketed products with varying THC potency with minimal oversight. States have moved at different speeds to address the market, with some implementing restrictions while others have allowed products to proliferate.
State Senator Paul Lowe highlighted the international dimension of the problem, noting that “some of these products that are sold in these stores, they come from other countries, they can’t even be sold in the country that they come from.”
What’s Next
The House will consider the Senate version when members return to session on July 27. A legislature that recently resolved a year-long budget impasse faces the question of whether it will adopt the stricter Senate approach or attempt to reconcile differences before sending a final measure to the governor. The timing is significant given that the federal ban takes effect in November, creating a narrow window for state-level action.