Regulate Hemp Consumable Products.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 607

Short Title: Regulate Hemp Consumable Products. (Public)
Sponsors: Representatives McNeely and Chesser (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 1, 2025
*H607-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REGULATE T HE SALE AND DISTRIBU TION OF HEMP -DERIVED 2
CONSUMABLE PRODUCTS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) The General Statutes are amended by adding a new Chapter to read: 5
"Chapter 18D. 6
"Regulation of Hemp-Derived Consumable Products. 7
"Article 1. 8
"Regulation of Hemp-Derived Consumable Products. 9
"§ 18D-100. Definitions. 10
Unless the context requires otherwise, the following definitions apply in this Chapter: 11
(1) ALE Division. – The Alcohol Law Enforcement Division of the Department 12
of Public Safety. 13
(2) Batch. – The hemp-derived consumable product produced during a period of 14
time under similar conditions and identified by a specific code that allows 15
traceability. 16
(3) Distributor. – A person or entity that delivers or sells hemp -derived 17
consumable products for the purpose of distribution in commerce. 18
(4) Exit package. – An opaque bag or other similar opaque covering provided at 19
the point of sale that satisfies the child-resistant effectiveness standards under 20
16 C.F.R. § 1700.15(b)(1) when tested in accordance with the requirements 21
of 16 C.F.R. § 1700.20 in which hemp -derived consumable products are 22
placed by a seller after being sold to the ultimate consumer of the product. 23
(5) Hemp. – As defined in G.S. 90-87. 24
(6) Hemp-derived cannabinoid. – Any phytocannabinoid found in hemp, 25
including delta-9 tetrahydrocannabinol (delta-9 THC), tetrahydrocannabinolic 26
acid (THCA), cannab idiol (CBD), cannabidiolic acid (CBDA), cannabinol 27
(CBN), cannabigerol (CBG), cannabichromene (CBC), cannabicyclol (CBL), 28
cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin 29
(CBDV), cannabicitran (CBT), delta-7 tetrahydrocannabinol (delta-7 THC), 30
delta-8 tetrahydrocannibinol (delta-8 THC), or delta-10 tetrahydrocannibinol 31
(delta-10 THC). This term also includes any synthetic cannabinoid derived 32
from hemp and contained in a hemp-derived consumable product. 33
(7) Hemp-derived consumable product. – A hemp product that is a finished good 34
intended for human ingestion or inhalation that contains a delta-9 THC 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 607-First Edition
concentration of not more than three -tenths of one percent (0.3%) on a dry 1
weight basis , but may contain concentrations of other hemp-derived 2
cannabinoids, in excess of that amount . This term does no t include hemp 3
products intended for topical application, or seeds or seed-derived ingredients 4
that are generally recognized as safe by the United States Food and Drug 5
Administration (FDA). 6
(8) Hemp product. – As defined in G.S. 90-87. 7
(9) Independent testing laboratory. – A laboratory that meets all of the following 8
conditions: 9
a. Holds an ISO 17025 accreditation or is registered with the Drug 10
Enforcement Administration (DEA) in accordance with 21 C .F.R. § 11
1301.13. 12
b. Does not have a direct or indirect interest in the entity whose product 13
is being tested. 14
c. Does not have a direct or indirect interest in a facility that cultivates, 15
processes, distributes, dispenses, or sells hemp -derived consumable 16
products in this State or any other jurisdiction. 17
d. Has entered into a compliance agreement with the ALE Division to 18
conduct tetrahydrocannabinol concentr ation sampling and testing 19
using the high-performance chromatography (HPLC) testing method. 20
(10) Ingestion. – The process of consuming hemp through the mouth, by 21
swallowing into the gastrointestinal system or through tissue absorption. 22
(11) Inhalation. – The process of consuming hemp into the respiratory system 23
through the mouth or nasal passages. 24
(12) License. – A license issued in accordance with this Chapter. 25
(13) Licensee. – A person who has been issued a license in accordance with this 26
Chapter. 27
(14) Manufacture. – To c ompound, blend, extract, infuse, cook, or otherwise 28
manipulate hemp or a hemp-derived cannabinoid to make, prepare, or package 29
hemp-derived consumable products. 30
(15) Manufacturer. – Any person or entity that engages in the process of 31
manufacturing, preparing, or packaging of hemp -derived consumable 32
products. 33
(16) Producer. – Any person or entity that engages in the process of farming and 34
harvesting hemp that is intended to be used in the manufacture of a 35
hemp-derived consumable product. 36
(17) Retail dealer. – Any person who sells a hemp-derived consumable product to 37
the ultimate consumer of the product, including a remote seller. 38
(18) Serving. – A quantity of a hemp -derived consumable product reasonably 39
suitable for a person's use in a single day. 40
"§ 18D-101. Sales restrictions on hemp-derived consumable products. 41
(a) Restrictions. – No person shall do any of the following: 42
(1) Knowingly, or having reason to know, sell a hemp-derived consumable 43
product to a person who is under 21 years of age. Any retail dealer of 44
hemp-derived consumable products shall demand proof of age from a 45
prospective purchaser of hemp-derived consumable products before the 46
hemp-derived consumable products are released to the purchase r if the retail 47
dealer has reasonable grounds to believe that the prospective purchase r is 48
under 30 years of age. Any retail dealer that sells a hemp-derived consumable 49
product on an internet website shall verify the age of any p rospective 50
purchaser and shall use a method of delivery that requires the sig nature of a 51
General Assembly Of North Carolina Session 2025
House Bill 607-First Edition Page 3
person at least 21 years of age before the hemp -derived consumable product 1
is released. 2
(2) Knowingly, or having reason to know, distribute samples of hemp-derived 3
consumable products in or on a public street, sidewalk, park , or public 4
building. 5
(3) Engage in the business of selling a hemp-derived consumable product without 6
a valid license issued in accordance with this Chapter. 7
(4) Knowingly, or having reason to know, sell a hemp-derived consumable 8
product that has a concentration of more than three -tenths of one percent 9
(0.3%) on a dry weight basis of delta-9 tetrahydrocannabinol. 10
(5) Knowingly, or having reason to know, sell a hemp -derived consumable 11
product that is not contained in an exit package or a child proof package. 12
(6) Knowingly, or having reason to know, sell at retail or on an internet website 13
offering delivery in this State, a hemp-derived consumable product that is not 14
in compliance with G.S. 18D-105. 15
(7) Knowingly, or having reason to know, sell at retail hemp flower or a pr oduct 16
containing hemp flower that is not accompanied by a certificate of analysis 17
issued within the previous six-month period demonstrating that the hemp 18
flower or product containing hemp flower has a concentration of no more than 19
three-tenths of one percent ( 0.3%) on a dry weight basis of delta -9 20
tetrahydrocannabinol. 21
(b) Civil Penalties. – Violation of this section shall have the following penalties: 22
(1) For the first violatio n, the ALE Division may impose a civil penalty of no 23
more than five hundred dollars ($500.00). 24
(2) For the second violation within three years, the ALE Division may impose a 25
civil penalty of no more than seven hundred fifty dollars ($750.00). 26
(3) For the third violation within three years of the first violatio n, the ALE 27
Division shall impose a civil penalty of no more than one thousand dollars 28
($1,000) and suspend the retail dealer's license for one year. 29
(4) For a fourth or subsequent violation within three years of the first violation, 30
the ALE Division shall impose a civil penalty of no more than two thousand 31
dollars ($2,000) and revoke the retail dealer's license. 32
(c) Compromise. – In any case in which the ALE Division is entitled to suspend or revoke 33
a retail dealer 's license, the ALE Division may accept from the retail dealer an offer in 34
compromise to pay a penalty of not more than three thousand dollars ($3,000). The ALE Division 35
may either accept a compromise or revoke a license, but not both. The ALE Division may accept 36
a compromise and suspend the license in the same case. 37
(d) Testing Fee. – In any case in which the ALE Division imposes a penalty pursuant to 38
subsection (b) of this section, for a violation of subdivision (4) of subsection (a) of this section, 39
the retail dealer shall also pay to the ALE Division the actual costs paid by the ALE Division for 40
testing of the samples resulting in the violation. Any fee collected pursuant to this subsection 41
shall be remitted to the ALE Division. 42
(e) Defenses. – It is a defense to a violation of subdivision (1) of subsection (a) of this 43
section if the retail dealer does any of the following: 44
(1) Shows that the purchaser produced a drivers license, a special identification 45
card issued under G.S. 20-37.7 or issued by the state agency of any other state 46
authorized to issue similar official state special identification cards for that 47
state, a tribal enrollment card issued by a State or federally recognized Indian 48
Tribe, a military identification card, or a passport showing the purchaser's age 49
to be at least the required age for purchase and bearing a physical description 50
of the person named on the card reasonably describing the purchaser. 51
General Assembly Of North Carolina Session 2025
Page 4 House Bill 607-First Edition
(2) Produces evidence of other facts that reasonably indicated at the time of sale 1
that the purchaser was at least the required age. 2
(3) Shows that at the time of purchase, the purchaser utilized a biometric 3
identification system that demonstrated (i) the purchaser's age to be at least 4
the required age for the purchase and (ii) the purchaser had previously 5
registered with the retail dealer or retail dealer's agent a drivers license, a 6
special identification card issued under G.S. 20-37.7 or issued by the state 7
agency of any other state authorized to issue similar official state special 8
identification cards for that state, a military identification card, or a passport 9
showing the purchaser's date of birth and bearing a physical description of the 10
person named on the document. 11
(f) Proceeds of Civil Penalty. – The clear proceeds of any civil penalty imposed under 12
this section, including any penalty received as an offer in compromise, shall be remitted to the 13
Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 14
(g) Forfeiture. – Any product sold in violation of subdivision (4) of subsection (a) of this 15
section shall be subject to forfeiture pursuant to the procedures set forth in G.S. 18D-301. 16
(h) Criminal Penalty. – Any person against whom a civil penalty has been imposed for 17
violation of subdivision (3) of subsection (a) of this section who commits a second violation of 18
subdivision (3) of subsection (a) of this section is guilty of a Class A1 misdemeanor. Any person 19
who commits a third or subsequent violation of subdivision (3) of subsection (a) of this section 20
is guilty of a Class H felony. 21
"§ 18D-101A. Sales and transfer restrictions on a producer. 22
(a) Restriction. – A producer shall not knowingly sell or in any way transfer hemp that 23
has been processed or prepared with the intent to be used in a hemp-derived consumable product 24
to any person or entity other than a manufacturer licensed pursuant to this Chapter. 25
(b) Civil Penalties. – Violation of this section shall have the following penalties: 26
(1) For the first violatio n, the ALE Division may impose a civil penalty of no 27
more than five hundred dollars ($500.00). 28
(2) For the second violation within three years, the ALE Division may impose a 29
civil penalty of no more than seven hundred fifty dollars ($750.00). 30
(3) For the third violation within three years of the first violatio n, the ALE 31
Division shall impose a civil penalty of no more than one thousand dollars 32
($1,000). 33
(4) For a fourth or subsequent violation within three years of the first violation, 34
the ALE Division shall impose a civil penalty of no more than two thousand 35
dollars ($2,000). 36
(c) Proceeds of Civil Penalty. – The clear proceeds of any civil penalty imposed un der 37
this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with 38
G.S. 115C-457.2. 39
(d) Criminal Penalty. – Any person against whom a civil penalty has been imposed for 40
violation of this section who commits a second violation of this section is guilty of a Class A1 41
misdemeanor. Any person who commits a third or subsequent violation of this section is guilty 42
of a Class H felony. 43
(e) Applicability of this Section. – Nothing in this section shall be construed as 44
prohibiting a producer from selling or transferring hemp that is intended to be used in any lawful 45
product other than those regulated by this Chapter. 46
"§ 18D -102. Offenses involving the p urchase, attempted purchase, or possession of 47
hemp-derived consumable products by a person under 21 years of age. 48
(a) It is unlawful for any person to give a hemp-derived consumable product to anyone 49
less than 21 years old. 50
General Assembly Of North Carolina Session 2025
House Bill 607-First Edition Page 5
(b) It is unlawful for a person less than 21 years old to possess, purchase, or attempt to 1
purchase a hemp-derived consumable product. 2
(c) It is unlawful for any person to enter or attempt to enter a place where hemp-derived 3
consumable products are sold or consumed, or to obtain or attempt to obtain hemp-derived 4
consumable products, or to obtain or attempt to obtain permission to purchase hemp-derived 5
consumable products, in violation of subsection (b) of this section, by using or attempting to use 6
any of the following: 7
(1) A fraudulent or altered drivers license. 8
(2) A fraudulent or altered identification document other than a drivers license. 9
(3) A drivers license issued to another person. 10
(4) An identification document other than a drivers license issued to another 11
person. 12
(5) Any other form or means of identification that indicates or symbolizes that the 13
person is not prohibited from purchasing or possessing a hemp-derived 14
consumable product under this section. 15
(d) It is unlawful for any person to permit the use of the person's drivers license or any 16
other form of identification of any kind issued or given to the person by any other person who 17
violates or attempts to violate subsection (b) of this section. 18
(e) Penalties. – 19
(1) Any person less than 21 years old who violates this section is guilty of a Class 20
2 misdemeanor. 21
(2) Any person at least 21 years old who violates this section is guilty of a Class 22
1 misdemeanor. 23
(3) Aiding or abetting a violation of this section shall be punished as provided in 24
subdivisions (1) and (2) of this subsection, and all other provisions of this 25
section shall apply to that offense. 26
(f) Nothing in this section prohibits an underage person from selling, transporting, or 27
possessing hemp-derived consumable products in the course of employment, if the employment 28
of the person for that purpose is lawful under applicable youth employment statutes. 29
"§ 18D -103. Offenses involving the manufacture and distribution of hemp -derived 30
consumable products. 31
(a) Offenses. – It is unlawful for a manufacturer or distributor to do any of the following: 32
(1) Knowingly, or having reason to know, distribute samples of a hemp -derived 33
consumable product in or on a public street, sidewalk, park, or public building. 34
(2) Engage in the business of manufacturing or distributing a hemp -derived 35
consumable product without a valid license issued in accordance with this 36
Chapter. 37
(3) Knowingly, or having reason to know, manufacture or distribute a 38
hemp-derived consumable product t hat has a concentration of more than 39
three-tenths of one percent (0.3%) on a dry weight basis of delta-9 40
tetrahydrocannabinol. 41
(b) Criminal Penalties. – A violation of this section is a Class A1 misdemeanor. 42
(c) Civil Penalties. – In addition to any criminal punishment authorized by this section, 43
for any violation of this section the ALE Division shall take one or more of the following actions 44
against the licensee: 45
(1) Suspend the licensee's license for a specified period of time not longer than 46
three years. 47
(2) Revoke the licensee's license. 48
(3) Impose conditions on the operating hours of the licensee's business. 49
(4) Impose civil penalties as follows: 50
General Assembly Of North Carolina Session 2025
Page 6 House Bill 607-First Edition
a. For a first violation, impose a civil penalty of no more than one 1
thousand dollars ($1,000). 2
b. For a second violation within three years, impose a civil penalty of no 3
more than five thousand dollars ($5,000). 4
c. For a third violation within three years of the first violation, impose a 5
civil penalty of no more than seven thousand five hundred dollars 6
($7,500). 7
(d) Compromise. – In any case in which the ALE Division is entitled to suspend or revoke 8
a manufacturer's or distributor's license, the ALE Division may accept from the manufacturer or 9
distributor an offer in compromise to pay a penalty of not more than eight thousand dollars 10
($8,000). The ALE Division may either accept a compromise or revoke a license, but not both. 11
The ALE Division may accept a compromise and suspend the license in the same case. 12
(e) Testing Fee. – In any case in which the ALE Division imposes a penalty pursuant to 13
subsection (b) of this section, for a violation of subdivision ( 3) of subsection (a) of this section, 14
the manufacturer or distributor shall also pay to the ALE Division the actual costs paid by the 15
ALE Division for testing of the samples resulting in the violation. Any fee collected pursuant to 16
this subsection shall be remitted to the ALE Division. 17
(f) Proceeds of Civil Penalty. – The clear proceeds of any civil penalty imposed under 18
this section, including any penalty received as an offer in compromise, shall be remitted to the 19
Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 20
(g) Defense. – It is a defense to a violation of subdivision (3) of subsection (a) of this 21
section if the manufacturer does all of the following: 22
(1) Recalls all hemp -derived consumable products from the same batch as the 23
product on which the violation is based. 24
(2) Has samples of the batch tested by an independent testing laboratory. The 25
sample size required for testing pursuant to this subdivision shall be five times 26
the number of units required pursuant to G.S. 18D-104(e) based on the size of 27
the batch at production, regardless of the numb er of units that are able to be 28
recalled. 29
(3) Provides certified results from the independent testing la boratory indicating 30
that the sample tested does not contain a concentration of more than 31
three-tenths of one percent (0.3%) on a dry weight basis total combined of 32
delta-9 tetrahydrocannabinol. 33
(h) Forfeiture. – Any product sold in violation of subdivision (3) of subsection (a) of this 34
section shall be subject to forfeiture pursuant to the procedures set forth in G.S. 18D-301. 35
"§ 18D-104. Testing prior to distribution. 36
(a) Requirement. – The manufacturer shall have a hemp-derived consumable product 37
tested prior to distribution to a distributor or before distributing the product to a retail dealer. If 38
the hemp-derived consumable product is packaged in a manner that may be sold to the ultimate 39
consumer of the product when delivered to the distributor and the distributor does not open such 40
package, the distributor is not required to test the hemp -derived consumable product. If the 41
hemp-derived consumable product is not packaged in a manner that may be sold to the ultimate 42
consumer of the product when delivered to the distributor or the distributor does open such 43
package, the distributor shall have the hemp -derived consumable product test ed prior to 44
distribution. The testing shall determine the presence and amounts of any of the substances listed 45
in subsection (b) of this section . No product that contains more than the maximum amount 46
indicated for any substance in subsection (b) of this section shall be distributed or sold in this 47
State. 48
(b) Substances Tested; Limitations. – Hemp-derived consumable products shall be tested 49
for the presence of and amount of the following substances and shall not exceed the amounts 50
indicated: 51
General Assembly Of North Carolina Session 2025
House Bill 607-First Edition Page 7
(1) Cannabinoids, not to exceed a concentration of three-tenths of one percent 1
(0.3%) of delta-9 tetrahydrocannabinol. 2
(2) 2,3-butanedione (Diacetyl). 3
(3) Abamectin, not to exceed 300 parts per billion for ingestion or 100 parts per 4
billion for inhalation. 5
(4) Acephate, not to exceed 3,000 parts per billion for ingestion or 100 parts per 6
billion for inhalation. 7
(5) Acequinocyl, not to exceed 2,000 parts per billion for ingestion or 100 parts 8
per billion for inhalation. 9
(6) Acetamiprid, not to exceed 3,000 parts per billion for ingestion or 100 parts 10
per billion for inhalation. 11
(7) Aldicarb, not to exceed 100 parts per billion for ingestion or inhalation. 12
(8) Azoxystrobin, not to exceed 3,000 parts per billion for ingestion or 100 parts 13
per billion for inhalation. 14
(9) Bifenazate, not to exceed 3,000 parts per billion for ingestion or 100 parts per 15
billion for inhalation. 16
(10) Bifenthrin, not to exceed 500 parts per billion for ingestion or 100 parts per 17
billion for inhalation. 18
(11) Boscalid, not to exceed 3,000 pa rts per billion for ingestion or 100 parts per 19
billion for inhalation. 20
(12) Captan, not to exceed 3,000 parts per billion for ingestion or 700 parts per 21
billion for inhalation. 22
(13) Carbaryl, not to exceed 500 parts per billion for ingestion or 500 parts p er 23
billion for inhalation. 24
(14) Carbofuran, not to exceed 100 parts per billion for ingestion or inhalation. 25
(15) Chlorantraniliprole, not to exceed 3,000 parts per billion for ingestion or 1,000 26
parts per billion for inhalation. 27
(16) Chlordane, not to exceed 100 parts per billion for ingestion or inhalation. 28
(17) Chlorfenapyr, not to exceed 100 parts per billion for ingestion or inhalation. 29
(18) Chlormequat chloride, not to exceed 3,000 parts per billion for ingestion or 30
1,000 parts per billion for inhalation. 31
(19) Chlorpyrifos, not to exceed 100 parts per billion for ingestion or inhalation. 32
(20) Clofentezine, not to exceed 500 parts per billion for ingestion or 200 parts per 33
billion for inhalation. 34
(21) Coumaphos, not to exceed 100 parts per billion for ingestion or inhalation. 35
(22) Cyfluthrin, not to exceed 1,000 parts per billion for ingestion or 500 parts per 36
billion for inhalation. 37
(23) Cypermethrin, not to exceed 1,000 parts per billion for ingestion or 500 parts 38
per billion for inhalation. 39
(24) Daminozide, not to exceed 100 parts per billion for ingestion or inhalation. 40
(25) DDVP (Dichlorvos), not to exceed 100 parts per billion for ingestion or 41
inhalation. 42
(26) Diazinon, not to exceed 200 parts per billion for ingestion or 100 parts per 43
billion for inhalation. 44
(27) Dimethoate, not to exceed 100 parts per billion for ingestion or inhalation. 45
(28) Dimethomorph, not to exceed 3,000 parts per billion for ingestion or 200 parts 46
per billion for inhalation. 47
(29) Ethoprop(hos), not to exceed 100 parts per billion for ingestion or inhalation. 48
(30) Etofenprox, not to exceed 100 parts per billion for ingestion or inhalation. 49
(31) Etoxazole, not to exceed 1,500 parts per billion for ingestion or 100 parts per 50
billion for inhalation. 51
General Assembly Of North Carolina Session 2025
Page 8 House Bill 607-First Edition
(32) Fenhexamid, not to exceed 3,000 parts per billion for ingestion or 100 parts 1
per billion for inhalation. 2
(33) Fenoxycarb, not to exceed 100 parts per billion for ingestion or inhalation. 3
(34) Fenpyroximate, not to exceed 2,000 parts per billion for ingestion or 100 parts 4
per billion for inhalation. 5
(35) Fipronil, not to exceed 100 parts per billion for ingestion or inhalation. 6
(36) Flonicamid, not to exceed 2,000 parts per billion for ingestion or 100 parts per 7
billion for inhalation. 8
(37) Fludioxonil, not to exceed 3,000 par ts per billion for ingestion or 100 parts 9
per billion for inhalation. 10
(38) Hexythiazox, not to exceed 2,000 parts per billion for ingestion or 100 parts 11
per billion for inhalation. 12
(39) Imazalil, not to exceed 100 parts per billion for ingestion or inhalation. 13
(40) Imidacloprid, not to exceed 3,000 parts per billion for ingestion or 400 parts 14
per billion for inhalation. 15
(41) Kresoxim-methyl, not to exceed 1,000 parts per billion for ingestion or 100 16
parts per billion for inhalation. 17
(42) Malathion, not to exceed 2,000 parts per billion for ingestion or 200 parts per 18
billion for inhalation. 19
(43) Metalaxyl, not to exceed 3,000 parts per billion for ingestion or 100 parts per 20
billion for inhalation. 21
(44) Methiocarb, not to exceed 100 parts per billion for ingestion or inhalation. 22
(45) Methomyl, not to exceed 100 parts per billion for ingestion or inhalation. 23
(46) Methyl parathion, not to exceed 100 parts per billion for ingestion or 24
inhalation. 25
(47) Mevinphos, not to exceed 100 parts per billion for ingestion or inhalation. 26
(48) Myclobutanil, not to exceed 3,000 parts per billion for ingestion; prohibited at 27
any concentration for inhalation. 28
(49) Naled, not to exceed 500 parts per billion for ingestion or 250 parts per billion 29
for inhalation. 30
(50) Oxamyl, not to exceed 500 parts per billion for ingestion or inhalation. 31
(51) Paclobutrazol, not to exceed 100 parts per billion for ingestion or inhalation. 32
(52) Pentachloronitrobenzene, not to exceed 200 parts per billion for ingestion or 33
150 parts per billion for inhalation. 34
(53) Permethrin, not to exceed 1,000 parts per billion for ingestion or 100 parts per 35
billion for inhalation. 36
(54) Phosmet, not to exceed 200 parts per billion for ingestion or 100 parts per 37
billion for inhalation. 38
(55) Piperonyl butoxide, not to exceed 3,000 parts per billion for ingestion or 39
inhalation. 40
(56) Prallethrin, not to exceed 400 parts per billion for ingestion or 100 parts per 41
billion for inhalation. 42
(57) Propiconazole, not to exceed 1,000 parts per billion for ingestion or 100 parts 43
per billion for inhalation. 44
(58) Propoxur, not to exceed 100 parts per billion for ingestion or inhalation. 45
(59) Pyrethrins, not to exceed 1,000 parts per billion for ingestion or 500 parts per 46
billion for inhalation. 47
(60) Pyridaben, not to exceed 3,000 parts per billion for ingestion or 200 parts per 48
billion for inhalation. 49
(61) Spinetoram, not to exceed 3,000 parts per billion for ingestion or 200 parts per 50
billion for inhalation. 51
General Assembly Of North Carolina Session 2025
House Bill 607-First Edition Page 9
(62) Spinosad A & D, not to exceed 3,000 parts per billion for ingestion or 100 1
parts per billion for inhalation. 2
(63) Spiromesifen, not to exceed 3,000 parts per billion for ingestion or 100 parts 3
per billion for inhalation. 4
(64) Spirotetramat, not to exceed 3,000 parts per billion for ingestion or 100 parts 5
per billion for inhalation. 6
(65) Spiroxamine, not to exceed 100 parts per billion for ingestion or inhalation. 7
(66) Tebuconazole, not to exceed 1,000 parts per billion for ingestion or 100 parts 8
per billion for inhalation. 9
(67) Thiacloprid, not to exceed 100 parts per billion for ingestion or 100 parts per 10
billion for inhalation. 11
(68) Thiamethoxam, not to exceed 1,000 parts per billion for ingestion or 500 parts 12
per billion for inhalation. 13
(69) Trifloxystrobin, not to exceed 3,000 parts per billion for ingestion or 100 parts 14
per billion for inhalation. 15
(70) 1,2-Dichloroethane, not to exceed 2 parts per million. 16
(71) 1,1-Dichloroethene, not to exceed 8 parts per million. 17
(72) Acetone, not to exceed 750 parts per million. 18
(73) Acetonitrile, not to exceed 60 parts per million. 19
(74) Benzene, not to exceed 1 part per million. 20
(75) Butane, not to exceed 5,000 parts per million. 21
(76) Chloroform, not to exceed 2 parts per million. 22
(77) Ethanol, not to exceed 5,000 parts per million. 23
(78) Ethyl Acetate, not to exceed 400 parts per million. 24
(79) Ethyl Ether, not to exceed 500 parts per million. 25
(80) Ethylene Oxide, not to exceed 5 parts per million. 26
(81) Heptane, not to exceed 5,000 parts per million. 27
(82) Hexane, not to exceed 250 parts per million. 28
(83) Isopropyl Alcohol, not to exceed 500 parts per million. 29
(84) Methanol, not to exceed 250 parts per million. 30
(85) Methylene Chloride, not to exceed 125 parts per million. 31
(86) Pentane, not to exceed 750 parts per million. 32
(87) Propane, not to exceed 5,000 parts per million. 33
(88) Toluene, not to exceed 150 parts per million. 34
(89) Trichloroethylene, not to exceed 25 parts per million. 35
(90) Xylenes, Total (ortho-, meta-, para-), not to exceed 150 parts per million. 36
(91) Cadmium, not to exceed 500 parts per billion for ingestion or 200 parts per 37
billion for inhalation. 38
(92) Lead, not to exceed 500 parts per billion for ingestion or inhalation. 39
(93) Arsenic, not to exceed 1,500 parts per billion for ingestion or 200 parts per 40
billion for inhalation. 41
(94) Mercury, not to exceed 3,000 p arts per billion for ingestion or 200 parts per 42
billion for inhalation. 43
(95) Shiga toxin-producing Escherichia coli (STEC E. coli) and other pathogenic 44
E. coli, not to exceed 1 CFU per gram. 45
(96) Salmonella, not to exceed 1 CFU per gram. 46
(97) Aspergillus n iger, Aspergillus fumigatus, Aspergillus flavus, Aspergillus 47
terreus, not to exceed 1 CFU per gram. 48
(98) Total Aflatoxin (B1, B2, G1, G2), not to exceed 20 parts per billion for 49
ingestion or inhalation. 50
(99) Ochratoxin, not to exceed 20 parts per billion for ingestion or inhalation. 51
General Assembly Of North Carolina Session 2025
Page 10 House Bill 607-First Edition
(100) Total combined Yeast and Mold , not to exceed 100,000 CFU per gram for 1
ingestion and inhalation. 2
(c) Laboratory Qualifications. – A manufacturer or distributor shall contract with an 3
independent testing laboratory to provide the testing required under subsection (a) of this section. 4
(d) Testing Method. – A laboratory providing testing required under subsection (a) of this 5
section shall use high-performance liquid chromatography for any separation and measurement 6
required in the testing. 7
(e) Batch Testing. – A sample of e ach batch manufactured shall undergo the testing 8
required by subsection (a) of this section and shall obtain a certificate of analysis by a n 9
independent testing laboratory. The size of sample required to be tested shall be determined by 10
the size of the batch as follows: 11
(1) For a batch containing 1 to 999 units, the required sample size is 1 unit. 12
(2) For a batch containing 1,000 to 4,999 units, the required sample size is 2 units. 13
(3) For a batch containing 5,000 to 9,999 units, the required sample size is 3 units. 14
(4) For a batch containing 10,000 or more units, the required sample size is 5 15
units. 16
(f) Expiration Date. – A hemp-derived consumable product shall have an expiration date 17
on the label that conforms with applicable federal law. 18
(g) Civil Penalties. – A violation of this section shall result in the ALE Division taking 19
one or more of the following actions against the licensee: 20
(1) Suspend the licensee 's license for a specified period of time not longer than 21
three years. 22
(2) Revoke the licensee's license. 23
(3) Impose conditions on the operating hours of the licensee's business. 24
(4) Impose civil penalties as follows: 25
a. For a first violation, impose a civil penalty of no more than one 26
thousand dollars ($1,000). 27
b. For a second violation within three years, impose a civil penalty of no 28
more than five thousand dollars ($5,000). 29
c. For a third violation within three years of the first violation, impose a 30
civil penalty of no more than seven thousand five hundred dollars 31
($7,500). 32
(h) Compromise. – In any case in which the ALE Division is entitled to suspend or revoke 33
a manufacturer's or distributor's license, the ALE Division may accept from the manufacturer or 34
distributor an offer in compromise to pay a penalty of not more than eight thousand dollars 35
($8,000). The ALE Division may either accept a compromise or revoke a license, but not both. 36
The ALE Division may accept a compromise and suspend the license in the same case. 37
(i) Proceeds of Civil Penalty. – The clear proceeds of any civil penalty imposed under 38
this section, including any penalty received as an offer in compromise, shall be remitted to the 39
Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 40
(j) ALE Division Duties. – The ALE Division shall do all of the following: 41
(1) Maintain and post on its website a list of independent testing laboratories that 42
meet the qualifications to test intermediate manufactured material and finished 43
hemp-derived consumable products. 44
(2) Develop an application and process to determine qualifying independent 45
testing laboratories to be listed on the ALE Division's website. The application 46
shall require a potentially qualifying laboratory to submit a sample certificate 47
of analysis issued by the applying laboratory indicating that the laboratory is 48
capable of detecting the chemicals provided in subsection (b) of this section. 49
"§ 18D -105. Additional requirements and restrictions for hemp -derived consumable 50
products. 51
General Assembly Of North Carolina Session 2025
House Bill 607-First Edition Page 11
(a) Packaging Requirements. – A hemp-derived consumable product that is sold in this 1
State shall meet both of the following requirements: 2
(1) The product shall satisfy the child -resistant effectiveness standards under 16 3
C.F.R. § 1700.15(b)(1) when tested in accordance with the requirements of 16 4
C.F.R. § 1700.20. 5
(2) The product shall be labeled with consumer protection warnings in the form 6
of statements that cover all of the following: 7
a. A list of ingredients and possible allergens and a nutritional fact panel 8
or have a quick response code that can be scanned that directs 9
consumers to a website containing the list of ingredients and possible 10
allergens and a nutritional fact panel. 11
b. A statement that use while pregnant or breastfeeding may be harmful. 12
c. A statement that c onsumption of certain cannabinoids may impai r 13
your ability to drive and operate heavy machinery. 14
d. A statement that the product is not approved by the United States Food 15
and Drug Administration. 16
e. A statement to keep out of reach of children. 17
f. A statement to consult your physician before use. 18
g. If the product is ingestible, the amount of hemp-derived cannabinoid 19
in each serving of the product, measured in milligrams. 20
h. The total amount of hemp-derived cannabinoid in the entire package, 21
measured in milligrams. 22
i. The net weight of the product. 23
j. A quick response code that can be scanned to access a website 24
providing the product 's batch number, date received, date of 25
completion, and method of analysis for the te sting required under 26
G.S. 18D-106. 27
k. An expiration date in accordance with applicable federal law. 28
(b) Advertising Restrictions. – A manufacturer , distributor, or retail dealer of a 29
hemp-derived consumable product shall not advertise, market, or offer for sale the product by 30
using, in the labeling or design of the product or product packaging or in advertising or marketing 31
materials for the product trade dress, trademarks, branding, or other related materials, any 32
imagery or scenery that depicts or signifies characters or symbols k nown to appeal primarily to 33
persons under 21 years of age, including, but not limited to, superheroes, comic book characters, 34
video game characters, television show characters, movie characters, mythic al creatures, 35
unicorns, animals, cartoon characters, or any imitation of the packaging or labeling of candy, 36
cereals, sweets, chips, or other food products typically marketed to persons under 21 years of 37
age. 38
(c) Non-Liquid Ingestible Product Restrictions. – Any hemp-derived consumable 39
product intended for ingestion that is not a liquid and not intended for inhalation shall not do any 40
of the following: 41
(1) Be sold in a serving that contains more than 25 milligrams, in the aggregate, 42
of one or more of the following hemp-derived cannabinoids: 43
a. Delta-9 tetrahydrocannabinol. 44
b. Delta-7 tetrahydrocannabinol. 45
c. Delta-8 tetrahydrocannabinol. 46
d. Delta-10 tetrahydrocannabinol. 47
(2) Be formed in a shape that would violate subsection (b) of this section. 48
(c1) Liquid Ingestible Product Restrictions. – Any hemp -derived consumable product 49
intended for ingestion that is a liquid and not intended for inhalation shall not be sold in a serving 50
General Assembly Of North Carolina Session 2025
Page 12 House Bill 607-First Edition
that contains more than 10 milligrams , or a package that contains more than 100 milligrams, in 1
the aggregate, of one or more of the following hemp-derived cannabinoids: 2
(1) Delta-9 tetrahydrocannabinol. 3
(2) Delta-7 tetrahydrocannabinol. 4
(3) Delta-8 tetrahydrocannabinol. 5
(4) Delta-10 tetrahydrocannabinol. 6
(c2) Inhalable Product for Vaporization Restrictions. – Any hemp -derived consumable 7
product intended for inhalation by vaporization shall not be sold in a container that contains more 8
than 3 milliliters of hemp-derived cannabinoids, in the aggregate, of one or more of the following 9
hemp-derived cannabinoids: 10
(1) Delta-9 tetrahydrocannabinol. 11
(2) Delta-7 tetrahydrocannabinol. 12
(3) Delta-8 tetrahydrocannabinol. 13
(4) Delta-10 tetrahydrocannabinol. 14
For the purposes of this subsection "vaporization" includes the heating of hemp -derived oil 15
to release aerosolized hemp-derived cannabinoids. 16
(d) Civil Penalties. – A violation of this section shall result in the ALE Division taking 17
one or more of the following actions against the licensee: 18
(1) Suspend the licensee 's license for a specified period of time not longer than 19
three years. 20
(2) Revoke the licensee's license. 21
(3) Impose conditions on the operating hours of the licensee's business. 22
(4) Impose civil penalties as follows: 23
a. For a first violation, impose a civil penalty of no more than one 24
thousand dollars ($1,000). 25
b. For a second violation within three years, impose a civil penalty of no 26
more than five thousand dollars ($5,000). 27
c. For a third violation within three years of the first violation, impose a 28
civil penalty of no more than seven thousand five hundred dollars 29
($7,500). 30
(e) Compromise. – In any case in which the ALE Division is entitled to suspend or revoke 31
a manufacturer's or distributor's license, the ALE Division may accept from the manufacturer or 32
distributor an offer in compromise to pay a penalty of not more than eight thousand dollars 33
($8,000). The ALE Division may either accept a compromise or revoke a license, but not both. 34
The ALE Division may accept a compromise and suspend the license in the same case. 35
(f) Proceeds of Civil Penalty. – The clear proceeds of any civil penalty imposed under 36
this section, including any penalty received as an offer in compromise, shall be remitted to the 37
Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 38
"§ 18D-105.1. Conduct on licensed premises. 39
(a) Certain Conduct. – It shall be unlawful for a licensee or the licensee 's agent or 40
employee to knowingly allow any of the following kinds of conduct to occur on the licensed 41
premises: 42
(1) Any violation of this Chapter. 43
(2) Any violation of the controlled substances, gambling, or any other unlawful 44
acts. 45
(b) Supervision. – It shall be unlawful for a permittee to fail to superintend in person or 46
through a manager the business for which a license is issued. 47
"§ 18D-105.2. Safe harbor protection for goods not sold in State. 48
(a) This Chapter shall not apply to the following: 49
(1) A safe harbor hemp product. 50
(2) A safe harbor manufacturer or storage facility. 51
General Assembly Of North Carolina Session 2025
House Bill 607-First Edition Page 13
(b) For the purposes of this section , a "Safe Harbor Hemp Product" means a 1
hemp-derived compound or cannabinoid, whether a finished product or in the process o f being 2
produced, that is permitted to be manufactured for distribution, produced for distribution, 3
packaged for distribution, processed for distribution, prepared for distribution, treated for 4
distribution, transported for distribution, or held for distribution in North Carolina for export 5
from North Carolina but that is not permitted to be sold or distributed in North Carolina. 6
(c) For the purposes of this section , a "Safe Harbor Manufacturer or Storage Facility " 7
means a facility that manufactures for dist ribution, produces for distribution, packages for 8
distribution, processes for distribution, prepares for distribution, treats for distribution, transports 9
for distribution, or holds for distribution a Safe Harbor Hemp Product. 10
"§ 18D-106. Construction of Chapter. 11
Nothing in this Chapter shall be construed to do any of the following: 12
(1) Permit a person to undertake any task under the influence of a hemp -derived 13
consumable product when doing so would constitute negl igence or 14
professional malpractice. 15
(2) Permit a person to operate, navigate, or be in actual physical control of a motor 16
vehicle, aircraft, motorized watercraft, or any other vehicle while under the 17
influence of a hemp-derived consumable product. 18
(3) Require an employer to accommodate the use of a hemp-derived consumable 19
product in a workplace or an employee working while under the influence of 20
a hemp-derived consumable product. 21
(4) Require an individual or establishment in lawful possession of property to 22
admit a guest, client, customer, or other visitor who is impaired as a result of 23
the person's use of a hemp-derived consumable product. 24
(5) Exempt a person from prosecution for a criminal offense related to impairment 25
or intoxication resulting from the use of a hemp-derived consumable product 26
or relieve a person from any requirement under law to submit to a breath, 27
blood, urine, or other test to detect the presence of a controlled substance. 28
(6) Limit the ability of an employer to establish, continue, or enforce a drug-free 29
workplace program or policy. 30
(7) Create a cause of action against an employer for wrongful discharge or 31
discrimination. 32
(8) Allow the possession, sale, manufacture, or distribution of any substance that 33
is otherwise prohibited by Article 5 of Chapter 90 of the General Statutes. 34
"Article 2. 35
"Licensing. 36
"§ 18D-200. Definitions. 37
The definitions contained in Article 1 of this Chapter apply to this Article as appropriate. 38
"§ 18D-201. Licensing requirements; qualifications; duration. 39
(a) Requirement. – Prior to the commencement of business or by July 1, 2026, whichever 40
is later, a person or entity engaged in this State in any business regulated by this Chapter and 41
listed in this subsection shall obtain a license to engage in that business from the ALE Division. 42
Businesses engaging in one or more of the following are required to obtain a license pursuant to 43
this section: 44
(1) Manufacturing hemp-derived consumable products. 45
(2) Distributing hemp-derived consumable products. 46
(3) Selling hemp-derived consumable products. 47
(b) Qualifications. – In order to obtain and maintain a license under subsection (a) of this 48
section, a person shall meet all of the following criteria: 49
(1) Be at least 21 years old. 50
General Assembly Of North Carolina Session 2025
Page 14 House Bill 607-First Edition
(2) Submit to the ALE Division any information determined by the ALE Division 1
to be necessary for the efficient enforcement of this Chapter. 2
(3) Have not been convicted of a felony relating to a controlled substance within 3
10 years in any state or federal jurisdiction. 4
(4) Consent to reasonable inspection by the ALE Division of the inventory of 5
products regulated by this Chapter to ensure compliance with this Chapter and 6
the taking of samples found to not be in compliance with the packaging, 7
labeling, and testing requirements of this section. 8
(5) Be current in filing all applicable tax returns to the State and in payment of all 9
taxes, interest, and penalties collectable pursuant to G.S. 105-241.22. 10
(c) Single License Required. – A person or entity engaged in more than one of the 11
businesses listed in subsection (a) of this section shall only be required to obtain a single license. 12
Upon application for a license, the person or entity engaged in more than one type of business 13
regulated by this Chapter must indicate on the license application all of the businesses listed in 14
subsection (a) of this section in which the business engages or intends to engage. A person or 15
entity applying for a license for more than one type of business listed in subsection (a) of this 16
section shall pay a single fee as provided in G.S. 18D-202(c). 17
(d) Duration. – A license issued pursuant to this Article is valid for a period of one year 18
and shall be renewed annually. 19
"§ 18D-202. Fees. 20
(a) Application Fee. – The application fee for a license required pursuant to this Article 21
shall be as follows: 22
(1) For a license to manufacture hemp -derived consumable products, a fee of 23
fifteen thousand dollars ($15,000). However, if an applicant submits proof that 24
the applicant's gross income for the calendar year prior to application was less 25
than one hundred thousand dollars ($100,000), the fee shall be one thousand 26
dollars ($1,000). 27
(2) For a license to distribute hemp -derived consumable products, a fee of two 28
thousand five hundred dollars ($2,500). However, if an applicant submits 29
proof that the applicant 's gross income for the calendar year prior to 30
application was less than one hundred thousand dollars ($100,000), the fee 31
shall be seven hundred fifty dollars ($750.00). 32
(3) For a license to sell hemp-derived consumable products at a retail location, or 33
online for delivery to a person within this State , a fee of two hundred fifty 34
dollars ($250.00) for each location or each internet website offering delivery 35
in this State . However, a single entity with more than 25 locations , internet 36
websites offering delivery in this State, or a combination of the two shall not 37
pay more than five thousand dollars ($5,000) and shall submit a list of all 38
locations and all internet websites offering delivery in this State to the ALE 39
Division. 40
(b) Renewal Fee. – The renewal fee for a license issued pursuant to this Article shall be 41
as follows: 42
(1) For a license to manufacture hemp -derived consumable products, a renewal 43
fee of five thousand dollars ($5,000). 44
(2) For a license to distribute hemp -derived consumable products, a renewal fee 45
of seven hundred fifty dollars ($750.00). 46
(3) For a license to sell hemp-derived consumable products at a retail location or 47
online for delivery to a person within this State , a renewal fee in the same 48
amount as the initial licensing fees established under subsection ( a) of this 49
section. 50
General Assembly Of North Carolina Session 2025
House Bill 607-First Edition Page 15
(c) For an application for or renewal of a license to engage in more than one business 1
listed in subsection (a) of G.S. 18D-201, the fee shall be the highest fee of those prescribed for 2
the types of business indicated on the application or renewal, as applied to that applicant or 3
licensee. 4
"§ 18D-203. ALE Division authority to deny or revoke. 5
The ALE Division may revoke or refuse to issue any license for any of the following: 6
(1) Failure to comply with or meet any of the qualifications required by 7
G.S. 18D-201(b). 8
(2) Submission of false or misleading information in an application for licensure 9
or renewal. 10
(3) Submission of false or misleading information in any report or information 11
required by this Chapter to be submitted to the ALE Division. 12
(4) Failure to comply with civil penalties authorized by this Chapter. 13
"§ 18D-204. Civil penalties; procedure. 14
Proceedings for the assessment of civil penalties authorized in Article 1 of this Chapter shall 15
be governed by Chapter 150B of the General Statutes. If the person or entity assessed a civil 16
penalty fails to pay the penalty to the ALE Division, the ALE Division may institute an action in 17
the superior court of the county in which the person resides or has their principal place of business 18
to recover the unpaid amount of the penalty. An action to recover a civil penalty under this 19
Chapter shall not relieve any party from any other penalty prescribed by law. 20
"§ 18D-205. ALE Division to develop application, adopt rules, remit revenue. 21
(a) License Application. – The ALE Division shall develop and make available online an 22
application for the license required by this Article. 23
(b) Rules. – The ALE Division shall have authority to adopt, amend, and repeal rules to 24
carry out the provisions of this Chapter. 25
(c) Distribution of Revenue. – The revenue collected from fees established under this 26
Chapter shall be remitted to the ALE Division , on a monthly basis, to be used to cover costs 27
incurred by the ALE Division in enforcing the provisions of this Chapter. To the extent the funds 28
described in this subsection are deemed unappropriated, the funds are hereby appropriated for 29
the purpose set forth in this subsection. 30
"Article 3. 31
"Enforcement. 32
"§ 18D-300. ALE Division. 33
(a) Authority. – The ALE Division shall enforce the provisions of this Chapter in a 34
manner that is reasonable to reduce the extent to which hemp-derived consumable products are 35
sold or distributed to persons under 21 years of age and shall conduct random, unannounced 36
inspections at locations where hemp-derived consumable products are sold or distributed to 37
ensure compliance with the provisions of this Chapter. If, upon reasonable inspection, the ALE 38
Division determines a licensee's inventory may consist of products not in compliance with the 39
packaging, labeling, and testing requirements of this Chapter, the ALE Division is authorized to 40
only take samples of a licensee's inventory of hemp -derived consumable products considered 41
noncompliant to be submitted for testing in order to determine compliance with the provisions of 42
this Chapter. To procure evidence of violations of this Chapter, ALE Division agents shall have 43
authority to investigate the operation of each licensee under this Chapter and each licensed 44
premises for which a license has been issued under this Chapter, to make inspections that include 45
viewing the entire premises, including the examination of records, equipment, and proceeds 46
related to the manufacture or distribution of hemp-derived consumable products. The inspection 47
authorized by this section may be made at any time it reasonably appears that someone is on the 48
premises. 49
(b) Interference with Inspection. – Refusal by a licensee or by any employee of a licensee 50
to permit ALE Division agents to enter the premises to make an inspection authorized by 51
General Assembly Of North Carolina Session 2025
Page 16 House Bill 607-First Edition
subsection (a) of this section shall be cause for suspension, revocation, or other action against the 1
licensee. It shall be a Class 2 misdemeanor for any person to resist or obstruct an agent attempting 2
to make a lawful inspection under this section. 3
(c) Report. – Beginning January 1, 2027, the ALE Division shall submit an annual report 4
to the General Assembly describing in detail the ALE Division's enforcement efforts under this 5
Chapter. The ALE D ivision shall also make the report required under this subsection available 6
on the ALE Division's website. 7
"§ 18D-301. Forfeiture of property. 8
(a) Seizure of Product. – For any hemp-derived consumable product subject to forfeiture, 9
a law enforcement officer is hereby authorized and empowered to seize and take possession of 10
such products. 11
(b) Custody until Trial. – A law enforcement officer seizing a product subject to forfeiture 12
shall provide for its safe storage until trial. 13
(c) Disposition after Criminal Trial. – The presiding judge in a criminal proceeding for 14
violation of G.S. 18D-103(a)(3) may take the following actions after resolution of a charge 15
against the owner or possessor of products subject to forfeiture under this section: 16
(1) If the owner or possessor of the product is found guilty of a violation of 17
G.S. 18D-103(a)(3), the judge shall order the product forfeited. 18
(2) If the owner or possessor of the product is found not guilty, or if the charge is 19
dismissed or otherwise resolved in favor of the owner or possessor, the judge 20
shall order the product returned to the owner or possessor. 21
(3) If the product is also needed as evidence at an administrative hearing, the 22
judge shall provide that the order does not go into effect until the ALE 23
Division determines that the product is no longer needed for the administrative 24
proceeding. 25
(d) Disposition after Civil Forfeiture Proceeding. – Violations of G.S. 18D-101(a)(4) 26
shall be subject to forfeiture under the procedure set forth in G.S. 75D-5. 27
(e) Disposition of Forfeited Product. – Notwithstanding G.S. 75D-5(j), a judge ordering 28
forfeiture of property shall order the product destroyed. 29
(f) Return of Property . – Any owner of products seized for forfeiture may apply to a 30
judge to have the products returned to the owner if no criminal charge has been made or no action 31
for civil forfeiture has been commenced in connection with that product within a reasonable time 32
after seizure. The judge may not order the return of the product if possession by the owner would 33
be unlawful." 34
SECTION 1.(b) G.S. 18B-500(b) reads as rewritten: 35
"(b) Subject Matter Jurisdiction. – After taking the oath prescribed for a peace officer, an 36
alcohol law-enforcement agent shall have authority to arrest and take other investigatory and 37
enforcement actions for any criminal offense: 38
(1) Occurring, encountered, or otherwise discovered on the premises of, or 39
elsewhere when the conduct relates to, a location under application for or 40
holding a permit issued by the North Carolina Alcoholic Beverage Control 41
Commission or the North Carolina Education Lottery Commission. 42
(1a) Occurring, encountered, or otherwise discovered on the premises of, or 43
elsewhere when the conduct relates to , a location holding a license issued 44
pursuant to Chapter 18D of the General Statutes. 45
(2) Encountered or otherwise discovered while investigating or enforcing matters 46
for the North Carolina Alcoholic Beverage Control Commission or the North 47
Carolina Education Lottery Commission or encountered or otherwise 48
discovered while investigating or enfor cing the provisions of this Chapter, 49
Chapter 18C of the General Statutes, Chapter 18D of the General Statu tes, 50
General Assembly Of North Carolina Session 2025
House Bill 607-First Edition Page 17
G.S. 14-313, or Parts 1 and 2 of Article 37 of Chapter 14 of the General 1
Statutes. 2
(3) Encountered or otherwise discovered while carrying out any duty or function 3
assigned to the Division by law. 4
(4) Occurring in an agent's presence. 5
(5) When assisting another law enforcement agency." 6
SECTION 1.(c) G.S. 7A-304(a) reads as rewritten: 7
"(a) In every criminal case in the superior or district court, wh erein the defendant is 8
convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the 9
prosecuting witness, the following costs shall be assessed and collected. No costs may be 10
assessed when a case is dismissed. Only upon entry of a written order, supported by findings of 11
fact and conclusions of law, determining that there is just cause, the court may (i) waive costs 12
assessed under this section or (ii) waive or reduce costs assessed under subdivision (7), (8), (8a), 13
(11), (12), or (13) of this section. No court may waive or remit all or part of any court fines or 14
costs without providing notice and opportunity to be heard by all government entities directly 15
affected. The court shall provide notice to the government entities directly affected of (i) the date 16
and time of the hearing and (ii) the right to be heard and make an objection to the remission or 17
waiver of all or part of the order of court costs at least 15 days prior to hearing. Notice shall be 18
made to the government entities affected by first-class mail to the address provided for receipt of 19
court costs paid pursuant to the order. The costs referenced in this subsection are listed below: 20
… 21
(14) For the services of any laboratory facility, the district or superior court j udge 22
shall, upon conviction, order payment of the sum of six hundred dollars 23
($600.00) to be remitted to the Alcohol Law Enforcement Division of the 24
Department of Public Safety (ALE Division) or agency that paid for the 25
laboratory services. The cost shall be assessed only in cases in which (i) the 26
defendant is convicted of a violation of G.S. 18D-103(a)(3) and (ii) as part of 27
the investigation leading to the defendant's conviction, testing was conducted 28
at a laboratory on products regulated under Chapter 18D of the Genera l 29
Statutes." 30
SECTION 1.(d) This section becomes effective July 1, 2026, and applies to all 31
hemp-derived consumable products possessed, sold, distributed, or manufactured on or after that 32
date, and to all offenses committed on or after that date. 33
SECTION 2.(a) G.S. 90-94.1 is repealed. 34
SECTION 2.(b) This section becomes effective December 1, 2025, and applies to 35
offenses committed on or after that date. 36
SECTION 3. Except as otherwise provided, this act is effective when it becomes 37
law. 38