Regulate Hemp-Derived Beverages.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 535

Short Title: Regulate Hemp-Derived Beverages. (Public)
Sponsors: Senators Moffitt, Johnson, and Lazzara (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S535-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REGULATE NONALCOHOLIC HEMP-DERIVED BEVERAGES. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. G.S. 18B-101 reads as rewritten: 4
"§ 18B-101. Definitions. 5
As used in this Chapter, unless the context requires otherwise: 6
… 7
(4) "Alcoholic beverage" means any beverage containing at least one-half of one 8
percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, 9
fortified wine, spirituous liquor, mixed beverages, and any alcohol 10
consumable. This term does not include hemp-derived beverages. 11
… 12
(7b) "Hemp-derived beverage " means a nonalcoholic beverage fit for human 13
consumption that contains hemp, as defined in G.S. 90-87, but may contain 14
concentrations of other hemp-derived cannabinoids in excess of that amount. 15
(7c) "Hemp-derived cannabinoid " means any phytocannabinoid found in hemp, 16
including delta 9 tetrahydrocannabinol (delta 9 THC), tetrahydrocannabinolic 17
acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol 18
(CBN), cannabigerol (CBG), cannabichromene (CBC), cannabicyclol (CBL), 19
cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin 20
(CBDV), cannabicitran (CBT), delta 7 tetrahydrocannabinol (delta 7 THC), 21
delta 8 tetrahydrocannibinol (delta 8 THC), or delta 10 tetrahydro cannibinol 22
(delta 10 THC). This term also includes any synthetic cannabinoid derived 23
from hemp and contained in a hemp-derived consumable product. 24
(7b)(7d) "Historic ABC establishment" means a restaurant or hotel that meets all of 25
the following requirements: 26
a. Is on the national register of historic places or located within a State 27
historic district. 28
b. Is a property designed to attract local, State, national, and international 29
tourists located on a State Route (SR) and with a property line located 30
within 1.5 miles of the intersection of a designated North Carolina 31
scenic byway as defined in G.S. 136-18(31). 32
c. Is located within 15 miles of a national scenic highway. 33
d. Is located in a county in which the on-premises sale of malt beverages 34
or unfortified wine is authorized in two or more cities in the county. 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 535-First Edition
(7c)(7e) "Keg" means a portable container designed to hold and dispense 7.75 1
gallons or more of malt beverage. 2
… 3
(9) "Malt beverage" means beer, lager, malt liquor, ale, porter, and any other 4
brewed or fermented beverage or alcohol consumable except unfortified or 5
fortified wine as defined by this Chapter, containing at least one -half of one 6
percent (0.5%), and not more than fifteen percent (15%), alcohol by volume. 7
Any malt beverage containing more than six percent (6%) alcohol by volume 8
shall bear a label clearly indicating the alcohol content of the malt beverage. 9
This term also includes hemp-derived beverages. 10
…." 11
SECTION 2. G.S. 18B-102 reads as rewritten: 12
"§ 18B-102. Manufacture, sale, etc., forbidden except as expressly authorized. 13
(a) General Prohibition. – It shall be unlawful for any person to manufacture, sell, 14
transport, import, deliver, furnish, purchase, consume, or possess any alcoholic beverages except 15
as authorized by the ABC law. 16
(a1) Powdered Alcohol Prohibition. – It shall be unlawful for any person to manufacture, 17
sell, transport, import, deliver, furnish, purchase, consume, or possess powdered alcohol. 18
(a2) Hemp-Derived Beverages. – Except as otherwise provided in this Chapter, it shall be 19
unlawful for any person to manufacture, sell, transport, import, deliver, furnish, purchase, 20
consume, or possess hemp-derived beverages. 21
(b) Violation a Class 1 Misdemeanor. – Unless a different punishment is otherwise 22
expressly stated, any person who violates any provision of this Chapter shall be guilty of a Class 23
1 misdemeanor. In addition the court may impose the provisions of G.S. 18B-202 and of 24
G.S. 18B-503, 18B-504, and 18B-505." 25
SECTION 3. G.S. 18B-206 reads as rewritten: 26
"§ 18B-206. Standards for alcoholic beverages.beverages and hemp-derived beverages. 27
(a) Authority to Set Standards. – The Commission may set standards and adopt rules for 28
alcoholic beverages and hemp -derived beverages to protect th e public against alcoholic 29
beverages or hemp-derived beverages containing harmful or impure substances, alcoholic 30
beverages or hemp-derived beverages containing an improper balance of substances as 31
determined by the Commission, spurious or imitation alcoho lic beverages, beverages or 32
hemp-derived beverages, and alcoholic beverages or hemp-derived beverages unfit for human 33
consumption. In setting standards and in issuing rules relating to them, alcoholic beverages, the 34
Commission may follow federal guidelines for standards of identity, labeling and advertising 35
contained in Title 27 of the Code of Federal Regulations, or may adopt more restrictive standards. 36
(b) Effective Date of Standards. – A person possessing alcoholic beverages or 37
hemp-derived beverages which do not meet a new standard set by the Commission shall have 60 38
days after the effective date of the standard to sell or otherwise dispose of those alcoholic 39
beverages.beverages or hemp-derived beverages. 40
(c) Testing. – The Commission may test malt beverages, unfortified wine, fortified wine, 41
and spirituous liquor possessed or offered for sale in this State to determine whether they meet 42
the standards set by the Commission. If the Commission chooses to test an alcoholic beverage, 43
beverage or hemp -derived beverage, that test may be performed by the Commission, the 44
Commission may arrange for the State Chemist to perform the testing, or the Commission may 45
have the testing performed in some other manner. The manufacturer of tested alcoholic beverages 46
or hemp-derived beverages shall pay the costs of the test. In lieu of testing an alcoholic beverage, 47
beverage or hemp-derived beverages, the Commission may rely on testing by a federal agency 48
or an agency of another state or may accept test results from a federal agency, an agency of 49
another state, or the manufacturer of the alcoholic beverage or hemp-derived beverage or his or 50
General Assembly Of North Carolina Session 2025
Senate Bill 535-First Edition Page 3
her authorized agent. A manufacturer who submits test results shall also submit a fee of ten 1
dollars ($10.00) for each test result to cover administrative costs." 2
SECTION 4. G.S. 18B-403.1(a) reads as rewritten: 3
"(a) Purchase-Transportation. – A person who is not a permittee may purchase and 4
transport for off -premises consumption a keg or kegs as defined in G.S. 18B -101(7c) after 5
obtaining a purchase-transportation permit. Failure to obtain a purchase -transportation permit 6
according to this section is a violation of G.S. 18B-303(b)." 7
SECTION 5. The ABC Commission shall adopt rules, or amend their rules, 8
consistent with the provisions of this act. The Commission may use the procedure set forth in 9
G.S. 150B-21.1 to adopt or amend any rules as required under this section. 10
SECTION 6. This act becomes effective July 1, 2025, and applies to hemp -derived 11
beverages manufactured, sold, transported, imported, delivered, furnished, purchased, consumed, 12
or possessed on or after that date. 13