Conference report makes the following changes to the 4th edition:

(1)   Moves former Sections 2.(a) and (b) to Section 3.(a) and (b). Changes effective date from December 1, 2025, to when the act becomes law.

(2)   Removes the remaining content of the previous edition.

Adds the following new content.  

Section 1

Makes findings.

Amends GS 90-87(13a) defining hemp as a plant Cannabis sativa (L.) and any part of that plant, whether growing or not, with a total tetrahydrocannabinol concentration of less than 0.3% on a dry weight basis (was, “with a delta 9 tetrahydrocannabinol concentration”). Adds definition of “total tetrahydrocannabinol."

Adds new GS 90-87(24a) defining prohibited finished hemp-derived consumable product.

Amends GS 90-94(b) which lists the Schedule VI controlled substances by amending the exception in subdivision (2) that excludes certain types of tetrahydrocannabinols from the schedule to include products with a total tetrahydrocannabinol concentration of less than 0.3% on a dry weight basis in the exception (was, products with a delta-9 tetrahydrocannabinol concentration of less than 0.3%). Adds definition of total tetrahydrocannabinol to the subdivision. Adds new subdivision (4) to include a prohibited finished hemp-derived consumable product in the schedule list.

Effective November 12, 2026, and applies to offenses committed and to products manufactured, sold, delivered, or possessed on or after that date.

Section 2

Enacts GS 14-313.1 prohibiting possession of hemp-derived consumable products under age 21. Defines the following terms: (1) deliver, (2) hemp, (3) hemp-derived cannabinoid, (4) hemp-derived consumable product, (5) hemp product, (6) ingestion, (7) inhalation, and (8) prohibited finished hemp-derived consumable product. Makes it a Class 2 misdemeanor for: (1) any person to knowingly sell or deliver a hemp-derived consumable product to a person under 21; or (2) any person under 21 to possess a hemp-derived consumable product. Requires seller of such products to demand proof of age from a prospective purchaser if seller has reasonable grounds to believe the prospective purchaser is under 21. Includes civil penalties for a person who knowingly sells or delivers such product to a person under 21. Establishes liability of retail establishments for violations committed by owners, officers, managers, employees, and agents acting within the scope of employment. Permits Attorney General or district attorney to bring civil action to recover civil penalties. Clarifies that nothing in the statute alters any provisions in Article 5 of GS Chapter 14.

Effective July 15, 2026, and applies to offenses committed on or after that date.

Section 4

Makes the following updates to the Controlled Substances Act (CSA).

Expands the definition of opiates under GS 90-89 (listing Schedule I controlled substances) to include 40 additional chemical designations. Amends GS 90-89(1a) to change the alternative names for certain fentanyl derivatives. Amends GS 90-89 to enact new subdivision GS 90-89(1b) to include Nitazene derivatives as a Schedule I controlled substance including any of the specified derivatives, their salts, isomers, or salts of isomers unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from benzimidazole by substitution at the 1-position nitrogen with an ethylamine group, and by substitution at the 2-position carbon with a benzyl group, whether or not the compound is further modified in any of specified ways. Enacts new GS 90-89(1c) to include the described chemical compounds constituting orphine derivatives as a Schedule I controlled substance unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration. Specifies that orphine derivatives include their salts, isomers, and salts of isomers.

Modifies the listed chemical designation for the hallucinogenic substance at GS 90-89(3)mm so it now reads “5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT)" (was, same formula but no isopropyltryptamine, just propyltryptamine).  

Removes BCP (benzocyclidine) from the list of substituted phenylcyclohexylamines in GS 90-89(3)oo.

Adds bromazolam to systemic depressants listed at GS 90-89(4). 

Adds cycloalkyl to the list of substituted cathinones considered stimulants under GS 90-89(5).  

Amends GS 90-89(7) (synthetic cannabinoids) to conform to statutory list. Modifies the statutory list of indole carboxamides (GS 90-89(7)(l)) so that it includes the described compounds substituted in one or both of the listed ways (was, just one of the listed ways). Modifies descriptions of listed substitution at the nitrogen of the carboxamide and adds reference to MDMB-ICA as a substance included in the definition.

Amends GS 90-89(7)(n), indazole carboxaldehydes, to add four additional groups. Modifies GS 90-89(7)(o) to so that it includes the described structurally derived compounds substituted in one or both of the listed ways (was, just one of the listed ways). Modifies descriptions of listed substitution at the nitrogen of the carboxamide so that it can also be derived by methyl 3,3-dimethyl-butanoate group. Deletes APINCACA as a substance and adds four more substances in the class. Adds four more substances (oxindoles, indole acetamides, indazole acetaldehydes, and pyrazoles) to the list of synthetic cannabinoids, as described.

Amends GS 90-90(2)h1 (pertaining to Schedule II controlled substances that are opioids/opiates) to read as follows: fentanyl immediate precursor chemical 4-anilino-N-phenethylpiperdine (ANPP) [(was, Fentanyl immediate precursor chemical, 4-anilino-N-phenethyl-4-piperidine (ANPP)]. Amends GS 90-91(k)11 (Schedule III controlled substances that are anabolic steroids) to change listing to Dehydrochloromethyltestosterone (was, Dehydrochlormethyltestosterone) and GS 90-91(k)16 to Mesterolone (was, Mesterolene).

Applies to offenses committed on or after December 1, 2026.

Section 5

Enacts new GS 14-401.28 making it a Class 2 misdemeanor for any person: (1) to knowingly sell or deliver a synthetic kratom product to any other person, (2) to knowingly possess a synthetic kratom product, (3) to knowingly sell or deliver a kratom product to a person who is under age 21 (requires a person engaged in the sale of kratom products to demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under age 21), and (4) who is under age 21 to possess a kratom product. Defines kratom, kratom product, and synthetic kratom product.

Amends GS 7A-304 by amending court costs assessed when a criminal defendant in superior or district court is convicted or enters a plea of guilty or nolo contendere or when the costs are assessed against the prosecuting witness, so that the $600 for services of the (1) NC State Crime Laboratory facilities or (2) any crime laboratory facilities, can be assessed in cases where kratom or synthetic kratom products are analyzed.

Applies to offenses committed on or after July 15, 2026.

Section 6

Amends GS 90-91(b) by adding Xylazine to the list of Schedule III controlled substances. Applies to offenses committed on or after December 1, 2026.