Nicotine & Vaping Prevention in Schools.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 802

Short Title: Nicotine & Vaping Prevention in Schools. (Public)
Sponsors: Representatives Rubin, Lambeth, White, and Cervania (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 8, 2025
*H802-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE SCHOOLS TO PROVIDE EVIDENCE-BASED NICOTINE, HEMP, 2
AND VAPOR PRODUCT US E MATERIALS AND TO D IRECT DISCIPLINARY 3
REPERCUSSIONS FOR STUDENTS FOUND VAPING. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) Article 29A of Chapter 115C of the General Statutes is amended by 6
adding a new section to read: 7
"§ 115C-407.1. Definitions. 8
For the purposes of this Article, the following definitions apply: 9
(1) Hemp product. – Products derived from hemp, as defined in G.S. 90-87, and 10
their synthetic counterparts that are designed, manufactured, or sold to be 11
inhaled or otherwise consumed, including the substances commonly known 12
as "delta-8," "delta-9," and "CBD." 13
(2) Nicotine product. – Includes any of the following: 14
a. Tobacco product. – Any product that contains tobacco and is intended 15
for human consumption. For purposes of this section, the term includes 16
an alternative nicotine product, vapor product, consumable product, or 17
components of a vapor product. 18
b. Alternative nicotine product. – Any noncombustible product that 19
contains nicotine, whether natural or synthetic, but does not contain 20
tobacco and is intended for human consumption whether chewed, 21
absorbed, dissolved, ingested, or by other means. This term does not 22
include a vapor product or any product regulated by the United States 23
Food and Drug Administration under Chapter V of the Federal Food, 24
Drug, and Cosmetic Act. 25
(3) Vapor product. – Any noncombustible product that employs a mechanical 26
heating element, battery, or electronic circuit regardless of shape or size and 27
that can be used to heat a consumable product. The term includes an electronic 28
cigarette, electronic cigar, electronic cigarillo, and electronic pipe. The term 29
does not include any product regulated by the United States Food and Drug 30
Administration under Chapter V of the Federal Food, Drug, and Cosmetic 31
Act." 32
SECTION 1.(b) G.S. 115C-407 reads as rewritten: 33
"§ 115C-407. Policy prohibiting tobacco nicotine, hemp, and vapor product use in school 34
buildings, grounds, and at school-sponsored events. 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 802-First Edition
(a) Not later than August 1, 2008, local boards of education Governing bodies of public 1
school units shall adopt, implement, and enforce adopt a written policy prohibiting at all times 2
the use of any tobacco nicotine, hemp, and vapor product by any person in school buildings, in 3
school facilities, on school campuses, and in or on any other school property owned or operated 4
by the local school administrative public school unit. The policy shall further prohibit the use of 5
all tobacco nicotine, hemp, and vapor products by persons attending a school-sponsored event at 6
a location not listed in this subsection when in the presence of students or school personnel or in 7
an area where smoking is otherwise prohibited by law. 8
(b) The policy shall include at least all of the following elements: 9
(1) Adequate notice to students, parents, the public, and school personnel of the 10
policy. 11
(2) Posting of signs prohibiting at all times the use of tobacco nicotine, hemp, and 12
vapor products by any person in and on school property. 13
(3) Requirements that school personnel enforce the policy. 14
(c) The policy may permit tobacco nicotine, hemp, and vapor products to be included in 15
instructional or rese arch activities in public school buildings if the activity is conducted or 16
supervised by the faculty member overseeing the instruction or research and the activity does not 17
include smoking, chewing, or otherwise ingesting the tobacco nicotine, hemp, or vapor product. 18
(d) The North Carolina Health and Wellness Trust Fund Commission Department of 19
Health and Human Services shall work with local boards of education governing bodies of public 20
school units to provide assistance with the implementation of this pol icy including providing 21
evidence-based, age-appropriate information regarding smoking nicotine, hemp, and vapor 22
cessation and use prevention resources. resources to students at the beginning of each school 23
year. Students shall be able to access evidence-based, age-appropriate nicotine, hemp, and vapor 24
product cessation and use prevention materials throughout the school year. 25
(d1) Nothing in this section, G.S. 143-595 through G.S. 143-601, or any other section 26
prohibits a local board of education governing body of a public school unit from adopting and 27
enforcing a more restrictive policy on the use of tobacco nicotine, hemp, and vapor products in 28
school buildings, in school facilities, on school campuses, or at school -related or 29
school-sponsored events, and in or on other school property. 30
(e) Any information or resources given or made available to students pursuant to this 31
section shall be first approved by the Department of Health and Human Services before 32
distribution. In approving materials pursuant to th is section, the Department of Health and 33
Human Services shall ensure that nicotine, hemp, and vapor product cessation and use prevention 34
materials are evidence -based and shall identify the ages or grades of students for which the 35
material is appropriate. A school may request specific material be reviewed for possible approval 36
by the Department of Health and Human Services." 37
SECTION 2.(a) Article 27 of Chapter 115C of the General Statutes is amended by 38
adding a new section to read: 39
"§ 115C-391.5. Possession of nicotine, hemp, and vapor products. 40
(a) The Code of Student Conduct developed by the governing body of the public school 41
unit shall include a policy that if any student under the age of 21 is found in possession of a 42
nicotine, hemp, or vapor product, as defined in G.S. 115C-407.1, the product shall be confiscated. 43
The school shall notify the parent or legal guardian of a student who had an item confiscated 44
pursuant to this section within 24 hours of the confiscation. 45
(b) For the first offense of being in possession of a nicotine, hemp, or vapor product, the 46
following actions shall be taken: 47
(1) A school counselor or other school-based mental health services provider shall 48
provide to the student and the parent of the student evidence -based, 49
age-appropriate nicotine, hemp, and vapor product cessation information , 50
General Assembly Of North Carolina Session 2025
House Bill 802-First Edition Page 3
including age-appropriate cessation services, including materials, information 1
on programs, or referrals for treatment. 2
(2) At least one of the following: 3
a. A student meeting and individual student assessment with a health 4
educator, school nurse, counselor , or designated staff with parents 5
and/or guardians to discuss nicotine, hemp, or vapor product use and 6
school policy. 7
b. Student participation in an evidence-based, self-paced nicotine, hemp, 8
and vapor product use education program. 9
(c) For the second offense of being in possession of a nicotine, hemp, or vapor product, 10
a school shall follow the provisions of subsection (b) of this section and the school shall take 11
disciplinary action as outlined in the Code of Student Conduct and school discipline policies. 12
(d) For a third or subsequent offense of being in possession of a nicotine, hemp, or vapor 13
product, a school shall follow the provisions of subsection (b) of this section; however, requiring 14
educational community service shall be an additional option under subdivision (b)(2) of this 15
section." 16
SECTION 2.(b) G.S. 115C-12(27) reads as rewritten: 17
"(27) Reporting Dropout Rates, Corporal Punishment, Suspensions, Expulsions, 18
Alternative Placements, and Alternative Placements. Possession. – The State 19
Board shall report by March 15 of each year to the Joint Legislative Education 20
Oversight Committee on the num bers of students who have dropped out of 21
school, been subjected to corporal punishment, been suspended, been 22
expelled, been reassigned for disciplinary purposes, or been provided 23
alternative education services. services, or been disciplined or provided 24
medical intervention for a violation of G.S. 115C-391.5. The data shall be 25
reported in a disaggregated manner, reflecting the local school administrative 26
unit, race, gender, grade level, ethnicity, and disability status of each affected 27
student. Such data shall be readily available to the public. The State Board 28
shall not include students that have been expelled from school when 29
calculating the dropout rate. The Board shall maintain a separate record of the 30
number o f students who are expelled from school and the reasons for the 31
expulsion." 32
SECTION 3. No later than September 15, 2025, the Department of Health and 33
Human Services shall publish on its website nicotine, hemp, and vapor product awareness 34
information, including the various types of products containing nicotine or hemp and the health 35
issues associated with nicotine, hemp, and vapor products . The Department shall also publish 36
and maintain a list of evidence -based resources for use by public schools to provide nicotine, 37
hemp, and vapor product cessation and use prevention information and programs. 38
SECTION 4. This act is effective when it becomes law and applies beginning with 39
the 2025-2026 school year. 40