North Carolina’s Senate has given final approval to legislation that would impose new restrictions on hemp-derived consumable products, approving changes to the bill that were approved by a conference committee.  If the House gives the proposal one final vote of approval it will be senate to Governor Josh Stein for consideration.

The measure is sponsored by Representatives Carla Cunningham (D), Donnie Loftis (R), Donny Lambeth (R) and Larry Potts (R), along with a bipartisan group of cosponsors.

Under the adopted conference report, the bill would conform North Carolina’s hemp law to updated federal standards by shifting from a delta-9-only threshold to a total THC standard that includes THCA and other forms of THC, including delta-8 and delta-10. The measure clarifies that the federal standard taking effect November 12, 2026, sets a limit of 0.4 milligrams of total THC per container for finished hemp-derived cannabinoid products intended for human or animal consumption.

The bill defines a prohibited finished hemp-derived consumable product as a final-form product intended for human ingestion or inhalation that contains more than 0.4 milligrams of total THC per container or contains a synthetic or chemically converted cannabinoid. That section would take effect November 12, 2026.

Separately, the measure would make it unlawful to sell or deliver hemp-derived consumable products to anyone under 21, while also prohibiting those under 21 from possessing them. Violations would be Class 2 misdemeanors, with civil penalties for illegal sales starting at $2,500 and increasing up to $25,000 for repeat violations. Selling or delivering a prohibited finished hemp-derived consumable product to someone under 21 would carry higher civil penalties, starting at $10,000 and increasing to $50,000 for a third or subsequent violation. That section would take effect July 15, 2026.

The bill also includes provisions regulating kratom products. It would ban the sale, delivery and possession of synthetic kratom products, prohibit the sale or delivery of kratom products to anyone under 21, and prohibit possession of kratom by those under 21. Violations would be Class 2 misdemeanors, with those provisions also taking effect July 15, 2026.

In addition, the legislation would add xylazine to Schedule III of the state’s controlled substances list beginning December 1, 2026.

If signed into law, House Bill 328 would mark one of North Carolina’s most significant moves to restrict intoxicating hemp products, particularly those containing delta-8 THC, THCA and other cannabinoids that have been widely sold under the federal hemp legalization framework.

[Editor’s Note: This article originally incorrectly stated the bill was being sent to Governor Stein after being given final approval by the full Legislature.]