Bill Summary for H 563 (2023-2024)

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Summary date: 

Jun 24 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 563 (Public) Filed Tuesday, April 4, 2023
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.

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Bill summary

Senate amendments make the following changes to the 7th edition, as amended.

Amendment #5 amends proposed GS 18D-105 by also prohibiting any hemp-derived consumable product intended for ingestion that is a liquid and not intended for inhalation from being sold in a package that contains more than 100 milligrams, in the aggregate, of one or more of the specified hemp-derived cannabinoids.

Amendment #6 amends the prohibition in GS 18D-101 on knowingly, or having reason to know, selling a hemp-derived consumable product to a person under age 21, by adding the requirement a seller of hemp-derived consumable products demand proof of age from a prospective purchaser before releasing the product to the purchaser if the seller has reasonable grounds to believe that the prospective purchaser is under age 30. Requires an online seller of hemp-derived consumable products to verify a prospective purchaser’s age and use a method of delivery that requires the signature of a person at least 21 years of age before the hemp-derived consumable product is released. Also adds a prohibition on distributing hemp-derived consumable products through displays accessible to the public without the assistance of a retailer’s employee or agent other than in an establishment open only to persons age 21 or older.

Amendment #7 expands the additional advertising restrictions under GS 18D-105 (pertaining to additional requirements and restrictions for hemp-derived consumable products) by preventing labeling such products in a way that depicts or signifies characters or symbols as candy, cereals, sweets, chips, or other food products typically marketed to persons under 21 years of age.

Amendment #8 adds new Section 15(b), amending GS 90-88 (concerning the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Service’s authority to control certain controlled substances schedules) so that marijuana cannot be rescheduled or deleted under the NC Controlled Substances Act if it is rescheduled or deleted as a controlled substance under federal law unless the General Assembly enacts legislation.