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View NCGA Bill Details2021
House Bill 818 (Public) Filed Tuesday, May 4, 2021
Intro. by Sasser, Humphrey, McNeely.

Status: Ref to the Com on Agriculture, if favorable, Rules, Calendar, and Operations of the House (House action) (May 5 2021)
H 818

Bill Summaries:

  • Summary date: May 4 2021 - View Summary

    Amends GS 106-121 by adding and defining the term cannabinoid-related compounds, as any phytocannabinoid found in hemp, including, but not limited to, tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol (CBN), cannabigerol (CBG), cannabichromene (CBC), cannabicyclol (CBL), cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), cannabichromevarin (CBCV), cannabigerovarin (CBGV), cannabigerol monomethyl ether (CBGM), cannabielsoin (CBE), or cannabicitran (CBT); specifies that cannabinoids do not include synthetic cannabinoids.

    Amends GS 106-139 to require the Board of Agriculture to adopt rules to establish a voluntary certification program for good manufacturing practices in manufacturing, packaging, or labeling operations for cannabinoid-related compounds derived from hemp. Sets out labeling requirements that must be included in the voluntary certification rules. Prohibits the manufacture, sale, delivery, holding, or offering for sale of any cannabinoid-related compounds that are falsely certified and also subjects it to GS 106-123 (allowing the Commissioner (Commissioner) of Agriculture to seek injunctions restraining violations) and GS 106-125 (detention of product or article suspected of being adulterated or misbranded). Requires an application for certification of good manufacturing practices to be made to the Commissioner on forms provided by the Department of Agriculture; sets out items that must be included in the application. Requires the Board to develop a schedule of license fees with fees used to cover reasonable costs of administering the voluntary licensing program, including staffing. Effective January 1, 2022.

    Amends GS 106-568.51 by amending the following definitions as they apply in Article 50E, Industrial Hemp. Changes the definition of hemp products to all products made from hemp that are prepared in a form available for commercial sale, excluding smokeable products. Removes the term "industrial hemp" and replaces it with hemp, defined as the plant Cannabis sativa (L.) along with any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Effective October 1, 2021.

    Enacts new GS 106-568.58 specifying that products that contain hemp or any part of the hemp plant or hemp derivative are not considered to be adulterated or misbranded based solely on the inclusion of hemp or any hemp derivative. Prohibits restricting or prohibiting the production, marketing, sale, or distribution of products that contain hemp or any derivatives of hemp, based solely on the inclusion of hemp or any hemp derivative. 

    Amends GS 90-87, which defines marijuana as it is used in Article 5, North Carolina Controlled Substances Act, by providing that the term does not include hemp or hemp products (was, does not include industrial hemp produced and used in compliance with rules issued by the NC Industrial Hemp Commission).

    Amends GS 90-94 to exclude from the tetrahydrocannabinols considered Schedule VI controlled substances those found in hemp or hemp products. Effective October 1, 2021.

    Requires the Board of Agriculture to adopt temporary rules to implement this act by January 1, 2022. The temporary rules remain in effect until permanent rules that replace the temporary rules become effective; requires the permanent rules to be adopted by January 1, 2023.