Bill Summary for H 563 (2023-2024)
Printer-friendly: Click to view
Summary date:
Bill Information:
View NCGA Bill Details | 2023-2024 Session |
AN ACT TO REGULATE THE SALE AND DISTRIBUTION OF HEMP-DERIVED CONSUMABLE PRODUCTS, TO IMPOSE AN EXCISE TAX ON THOSE PRODUCTS, TO BAN THOSE PRODUCTS FROM SCHOOL GROUNDS, TO PLACE TIANEPTINE, XYLAZINE, AND KRATOM ON THE CONTROLLED SUBSTANCE SCHEDULES, TO CREATE THE OFFENSE OF CRIMINAL POSSESSION AND UNLAWFUL SALE OF EMBALMING FLUID AND TO MAKE OTHER TECHNICAL REVISIONS, TO CREATE NEW CRIMINAL OFFENSES FOR EXPOSING A CHILD TO A CONTROLLED SUBSTANCE TO ENACT THE NORTH CAROLINA COMPASSIONATE CARE ACT, AND TO REQUIRE CERTAIN EDUCATION ABOUT OPIOIDS.Intro. by McNeely, Sasser, Cotham, Fontenot.
View: All Summaries for Bill | Tracking: |
Bill summary
House committee substitute to the 3rd edition makes the following changes.
Part I.
Amends proposed GS 18D-100 by deleting the term cannabinoid and replacing it with the term hemp-derived cannabinoid, as defined. Amends the definition of the term hemp-derived consumable product so that it is now defined as a hemp product intended for human ingestion or inhalation that contains a delta-9 THC concentration of not more 0.3% on a dry weight basis, but may contain concentrations of other hemp-derived cannabinoids including CBD, CBDA, 5 CBG, CBGA, CBN, THCA, and THCP, in excess of that amount.
Amends GS 18D-101 to prohibit a person from knowingly, or having reason to know, sell at retail a hemp-derived consumable product that has a concentration of more than 0.3% on a dry weight basis total combined of delta-9 tetrahydrocannabinol (was, delta-9 tetrahydrocannabinol, delta-7 tetrahydrocannabinol, delta-8 tetrahydrocannabinol, or delta-10 tetrahydrocannabinol).
Amends GS 18D-103 to prohibit a manufacturer from knowingly, or having reason to know, manufacture or distribute a hemp-derived consumable product that has a concentration of more than 0.3% on a dry weight basis total combined of delta-9 tetrahydrocannabinol (was, delta-9 tetrahydrocannabinol, delta-7 tetrahydrocannabinol, delta-8 tetrahydrocannabinol, or delta-10 tetrahydrocannabinol). Makes conforming changes.
Amends GS 18D-104 to require hemp-derived consumable products to be tested for the presence of and amount of cannabinoids, not to exceed a concentration of 0.3% total combined of delta-9 tetrahydrocannabinol (was, delta-9 tetrahydrocannabinol, delta-7 tetrahydrocannabinol, delta-8 tetrahydrocannabinol, or delta-10 tetrahydrocannabinol).
Amends GS 18D-105 as follows. Amends what must be in a consumer protection warning on the label on a hemp-derived consumable product to require a statement that the product is not approved by the US FDA (was, not approved by the FDA for medical use), and a statement to consult your physician before use (was, only if you are pregnant). Removes the prohibition on a hemp-derived consumable product intended for ingestion from being sold in a serving that contains more than 200 milligrams, in the aggregate, of one or more hemp-derived cannabinoids. Prohibits a hemp-derived consumable product intended for ingestion from being sold in a serving that contains more than three milligrams, in the aggregate, of one or more of: delta-9 tetrahydrocannabinol, delta-7 tetrahydrocannabinol, delta-8 tetrahydrocannabinol, or delta-10 tetrahydrocannabinol.
Amends GS 18D-301 to require that in order to obtain and maintain a license for manufacturing hemp-derived consumable products, distributing hemp-derived consumable products, selling hemp-derived consumable products, manufacturing kratom products, distributing kratom products, or selling kratom products to consent to reasonable inspection by the ALE Division of the inventory of products regulated by GS Chapter 18D to ensure compliance with the Chapter, and the taking of samples found to not be in compliance with the packaging, labeling, and testing requirements (was, consent to reasonable inspection and the taking of reasonable samples by the ALE Division of the person's inventory of products regulated by this Chapter).
Amends GS 18D-400 by amending the ALE's enforcement provisions to require that it enforce the provisions of GS Chapter 18D in a manner reasonable to reduce the extent to which hemp-derived consumable products and kratom products are sold or distributed to persons under age 18 and conduct random, unannounced inspections on locations where products are sold or distributed. Provides that if, upon reasonable inspection, the Division determines a licensee's inventory may consist of products not in compliance with the packaging, labeling, and testing requirements of this Chapter, the Division is authorized to only take samples of a licensee's inventory of hemp-derived consumable products and kratom products considered non-compliant to be submitted for testing in order to determine compliance with the provisions of this Chapter (was, the Division is authorized to take reasonable samples of a licensee's inventory of hemp-derived consumable products and kratom products to be submitted for testing in order to determine compliance with this Chapter).