“If there are people who want to legalize marijuana, they can introduce that bill, we’ll talk about it.”
By Brandon Kingdollar, NC Newsline
On the last day before going home for nearly a month, North Carolina senators voted to ban most cannabis products sold in the state.
The version of House Bill 328 that passed the Senate would have banned all intoxicating hemp products in North Carolina. Intoxicating hemp products are defined as any with a total THC content of more than 0.4 milligrams. THC is the compound responsible for the psychoactive effects of cannabis. Hemp business owners say the ban will ban almost all products from the market.
The bill would also ban the sale of hemp consumables to anyone under the age of 21, and ban xylazine and synthetic kratom, two other substances that have raised health concerns. Sales of natural kratom would also be restricted to people over the age of 21.
It’s the latest in a back-and-forth between the state House and Senate over what regulatory framework should be put in place for substances that have been widely used in recent years. Kratom and potent hemp derivatives can be found on the shelves of almost any gas station in the state.
The Chamber was already in session when the senators voted to approve the bill. But Senate President Phil Berger (R-Rockingham) said the crisis caused by these substances was too serious to wait until lawmakers return at the end of July.
“The personal loss that has occurred in the state of North Carolina as a result of these products cannot and must not be delayed any longer,” Berger told members of the media after Thursday’s session. “We have reached a point where doing nothing was not an option.”
The lack of regulation surrounding hemp derivatives, which hit the market en masse after federal regulations allowed them to be sold in 2018, has sparked bipartisan concern, reflected in the Senate’s 43-6 vote to pass the bill.
Sen. Paul Lowe (D-Forsyth) said he supports the bill because of the dire need for regulation of the hemp industry.
“Some of these products sold in these stores, which come from other countries, cannot even be sold in the country they come from,” Lowe said. “I have absolutely no problem voting for this bill because I don’t think this thing is safe.”
The state’s child mortality task force reported in 2025 that since 2019, emergency room visits have increased 600% for cannabis-related minors. Rep. Jimmy Dixon (R-Duplin) cited the case of a 14-year-old hospitalized after purchasing an intoxicating hemp product. The House debated its own version of the bill last month.
Senate Democratic Leader Sydney Batch (D-Wake) said she supported the bill primarily because of restrictions on “gas station drugs that really hurt our constituents,” such as kratom, which has led to an increase in health emergencies. He was more skeptical about his approach to hemp, raising concerns that non-intoxicating products with legitimate medical uses would be hijacked.
“What I’m hoping we can do, as far as the next month we’re not here, is sit down, give our ideas, see if they can put it into a conference call that goes to the many farmers in North Carolina who are growing hemp, so they don’t go bankrupt,” Batch said.
The invoice It follows a federal ban on intoxicating hemp products that was enacted last year as part of the Farm Bill, but has yet to take effect. Hemp industry lobbyists have rallied to overturn the ban before it takes effect in November.
Those efforts appear to be paying off, according to a letter to Congress last month The Trump administration asked Congress to reverse itself and keep these hemp products legal.
Berger said passing the ban at the state level ensures North Carolinians will be protected regardless of what the federal government does.
“What we’ve put in place, or what we’re trying to put in place, hopefully the House will pass the conference report, is a ban on intoxicating hemp products,” he said. “And if the feds decide they don’t want to do that as we go forward, North Carolina would still ban intoxicants.”
It left the door open to relaxing some restrictions in the future.
“If there are people who want to legalize marijuana, they can introduce that bill, we’ll talk about it,” Berger said. “If there are people who want a specific regulatory scheme on some of these things that would allow people over the age of 21 to buy, let’s introduce a bill and let’s see.”
The Senate version of the bill goes further than the House version, which would have imposed a 21-year age limit on hemp-derived consumables but would have otherwise left the market undisturbed, banning a wide range of hemp-derived products currently being sold. The Senate also requires consumers to be 21 for products that remain legal.
Advocates for loosening marijuana restrictions also supported the bill. Sen. Bill Rabon (R-Brunswick), the architect of the bill that almost succeeded in legalizing medical marijuana in North Carolina, issued a fiery rebuke Friday to hemp products being sold across the state.
“The big players and the people who want to make money can’t make the money they want to make, they can’t catch the people they want to catch, in a regulated product,” Rabon said. “So if that’s the case, we have to get rid of everything. There’s no other option.”
The House will have a chance to take up the Senate’s version of the bill when they return to session on July 27. It is not clear whether they will agree to this or not.
This story was first published by NC Newsline.