GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 607 Short Title: Regulate Hemp Consumable Products. (Public) Sponsors: Representatives McNeely and Chesser (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. Referred to: Rules, Calendar, and Operations of the House April 1, 2025 *H607 -v-1* A BILL TO BE ENTITLED 1 AN ACT TO REGULATE T HE SALE AND DISTRIBU TION OF HEMP-DERIVED 2 CONSUMABLE PRODUCTS. 3 The General Assembly of North Carolina enacts: 4 SECTION 1.(a) The General Statutes are amended by adding a new Chapter to read: 5 "Chapter 18D. 6 "Regulation of Hemp-Derived Consumable Products. 7 "Article 1. 8 "Regulation of Hemp-Derived Consumable Products. 9 "§ 18D-100. Definitions. 10 Unless the context requires otherwise, the following definitions apply in this Chapter: 11 (1) ALE Division. – The Alcohol Law Enforcement Division of the Department 12 of Public Safety. 13 (2) Batch. – The hemp-derived consumable product produced during a period of 14 time under similar conditions and identified by a specific code that allows 15 traceability. 16 (3) Distributor. – A person or entity that delivers or sells hemp-derived 17 consumable products for the purpose of distribution in commerce. 18 (4) Exit package. – An opaque bag or other similar opaque covering provided at 19 the point of sale that satisfies the child-resistant effectiveness standards under 20 16 C.F.R. § 1700.15(b)(1) when tested in accordance with the requirements 21 of 16 C.F.R. § 1700.20 in which hemp-derived consumable products are 22 placed by a seller after being sold to the ultimate consumer of the product. 23 (5) Hemp. – As defined in G.S. 90-87. 24 (6) Hemp-derived cannabinoid. – Any phytocannabinoid found in hemp, 25 including delta-9 tetrahydrocannabinol (delta-9 THC), tetrahydrocannabinolic 26 acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol 27 (CBN), cannabigerol (CBG), cannabichromene (CBC), cannabicyclol (CBL), 28 cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin 29 (CBDV), cannabicitran (CBT), delta-7 tetrahydrocannabinol (delta-7 THC), 30 delta-8 tetrahydrocannibinol (delta-8 THC), or delta-10 tetrahydrocannibinol 31 (delta-10 THC). This term also includes any synthetic cannabinoid derived 32 from hemp and contained in a hemp-derived consumable product. 33 (7) Hemp-derived consumable product. – A hemp product that is a finished good 34 intended for human ingestion or inhalation that contains a delta-9 THC 35 General Assembly Of North Carolina Session 2025 Page 2 House Bill 607-First Edition concentration of not more than three-tenths of one percent (0.3%) on a dry 1 weight basis, but may contain concentrations of other hemp-derived 2 cannabinoids, in excess of that amount. This term does not include hemp 3 products intended for topical application, or seeds or seed-derived ingredients 4 that are generally recognized as safe by the United States Food and Drug 5 Administration (FDA). 6 (8) Hemp product. – As defined in G.S. 90-87. 7 (9) Independent testing laboratory. – A laboratory that meets all of the following 8 conditions: 9 a. Holds an ISO 17025 accreditation or is registered with the Drug 10 Enforcement Administration (DEA) in accordance with 21 C.F.R. § 11 1301.13. 12 b. Does not have a direct or indirect interest in the entity whose product 13 is being tested. 14 c. Does not have a direct or indirect interest in a facility that cultivates, 15 processes, distributes, dispenses, or sells hemp-derived consumable 16 products in this State or any other jurisdiction. 17 d. Has entered into a compliance agreement with the ALE Division to 18 conduct tetrahydrocannabinol concentration sampling and testing 19 using the high-performance chromatography (HPLC) testing method. 20 (10) Ingestion. – The process of consuming hemp through the mouth, by 21 swallowing into the gastrointestinal system or through tissue absorption. 22 (11) Inhalation. – The process of consuming hemp into the respiratory system 23 through the mouth or nasal passages. 24 (12) License. – A license issued in accordance with this Chapter. 25 (13) Licensee. – A person who has been issued a license in accordance with this 26 Chapter. 27 (14) Manufacture. – To compound, blend, extract, infuse, cook, or otherwise 28 manipulate hemp or a hemp-derived cannabinoid to make, prepare, or package 29 hemp-derived consumable products. 30 (15) Manufacturer. – Any person or entity that engages in the process of 31 manufacturing, preparing, or packaging of hemp-derived consumable 32 products. 33 (16) Producer. – Any person or entity that engages in the process of farming and 34 harvesting hemp that is intended to be used in the manufacture of a 35 hemp-derived consumable product. 36 (17) Retail dealer. – Any person who sells a hemp-derived consumable product to 37 the ultimate consumer of the product, including a remote seller. 38 (18) Serving. – A quantity of a hemp-derived consumable product reasonably 39 suitable for a person's use in a single day. 40 "§ 18D-101. Sales restrictions on hemp-derived consumable products. 41 (a) Restrictions. – No person shall do any of the following: 42 (1) Knowingly, or having reason to know, sell a hemp-derived consumable 43 product to a person who is under 21 years of age. Any retail dealer of 44 hemp-derived consumable products shall demand proof of age from a 45 prospective purchaser of hemp-derived consumable products before the 46 hemp-derived consumable products are released to the purchaser if the retail 47 dealer has reasonable grounds to believe that the prospective purchaser is 48 under 30 years of age. Any retail dealer that sells a hemp-derived consumable 49 product on an internet website shall verify the age of any prospective 50 purchaser and shall use a method of delivery that requires the signature of a 51 General Assembly Of North Carolina Session 2025 House Bill 607-First Edition Page 3 person at least 21 years of age before the hemp-derived consumable product 1 is released. 2 (2) Knowingly, or having reason to know, distribute samples of hemp-derived 3 consumable products in or on a public street, sidewalk, park, or public 4 building. 5 (3) Engage in the business of selling a hemp-derived consumable product without 6 a valid license issued in accordance with this Chapter. 7 (4) Knowingly, or having reason to know, sell a hemp-derived consumable 8 product that has a concentration of more than three-tenths of one percent 9 (0.3%) on a dry weight basis of delta-9 tetrahydrocannabinol. 10 (5) Knowingly, or having reason to know, sell a hemp-derived consumable 11 product that is not contained in an exit package or a child proof package. 12 (6) Knowingly, or having reason to know, sell at retail or on an internet website 13 offering delivery in this State, a hemp-derived consumable product that is not 14 in compliance with G.S. 18D-105. 15 (7) Knowingly, or having reason to know, sell at retail hemp flower or a product 16 containing hemp flower that is not accompanied by a certificate of analysis 17 issued within the previous six-month period demonstrating that the hemp 18 flower or product containing hemp flower has a concentration of no more than 19 three-tenths of one percent (0.3%) on a dry weight basis of delta-9 20 tetrahydrocannabinol. 21 (b) Civil Penalties. – Violation of this section shall have the following penalties: 22 (1) For the first violation, the ALE Division may impose a civil penalty of no 23 more than five hundred dollars ($500.00). 24 (2) For the second violation within three years, the ALE Division may impose a 25 civil penalty of no more than seven hundred fifty dollars ($750.00). 26 (3) For the third violation within three years of the first violation, the ALE 27 Division shall impose a civil penalty of no more than one thousand dollars 28 ($1,000) and suspend the retail dealer's license for one year. 29 (4) For a fourth or subsequent violation within three years of the first violation, 30 the ALE Division shall impose a civil penalty of no more than two thousand 31 dollars ($2,000) and revoke the retail dealer's license. 32 (c) Compromise. – In any case in which the ALE Division is entitled to suspend or revoke 33 a retail dealer's license, the ALE Division may accept from the retail dealer an offer in 34 compromise to pay a penalty of not more than three thousand dollars ($3,000). The ALE Division 35 may either accept a compromise or revoke a license, but not both. The ALE Division may accept 36 a compromise and suspend the license in the same case. 37 (d) Testing Fee. – In any case in which the ALE Division imposes a penalty pursuant to 38 subsection (b) of this section, for a violation of subdivision (4) of subsection (a) of this section, 39 the retail dealer shall also pay to the ALE Division the actual costs paid by the ALE Division for 40 testing of the samples resulting in the violation. Any fee collected pursuant to this subsection 41 shall be remitted to the ALE Division. 42 (e) Defenses. – It is a defense to a violation of subdivision (1) of subsection (a) of this 43 section if the retail dealer does any of the following: 44 (1) Shows that the purchaser produced a drivers license, a special identification 45 card issued under G.S. 20-37.7 or issued by the state agency of any other state 46 authorized to issue similar official state special identification cards for that 47 state, a tribal enrollment card issued by a State or federally recognized Indian 48 Tribe, a military identification card, or a passport showing the purchaser's age 49 to be at least the required age for purchase and bearing a physical description 50 of the person named on the card reasonably describing the purchaser. 51 General Assembly Of North Carolina Session 2025 Page 4 House Bill 607-First Edition (2) Produces evidence of other facts that reasonably indicated at the time of sale 1 that the purchaser was at least the required age. 2 (3) Shows that at the time of purchase, the purchaser utilized a biometric 3 identification system that demonstrated (i) the purchaser's age to be at least 4 the required age for the purchase and (ii) the purchaser had previously 5 registered with the retail dealer or retail dealer's agent a drivers license, a 6 special identification card issued under G.S. 20-37.7 or issued by the state 7 agency of any other state authorized to issue similar official state special 8 identification cards for that state, a military identification card, or a passport 9 showing the purchaser's date of birth and bearing a physical description of the 10 person named on the document. 11 (f) Proceeds of Civil Penalty. – The clear proceeds of any civil penalty imposed under 12 this section, including any penalty received as an offer in compromise, shall be remitted to the 13 Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 14 (g) Forfeiture. – Any product sold in violation of subdivision (4) of subsection (a) of this 15 section shall be subject to forfeiture pursuant to the procedures set forth in G.S. 18D-301. 16 (h) Criminal Penalty. – Any person against whom a civil penalty has been imposed for 17 violation of subdivision (3) of subsection (a) of this section who commits a second violation of 18 subdivision (3) of subsection (a) of this section is guilty of a Class A1 misdemeanor. Any person 19 who commits a third or subsequent violation of subdivision (3) of subsection (a) of this section 20 is guilty of a Class H felony. 21 "§ 18D-101A. Sales and transfer restrictions on a producer. 22 (a) Restriction. – A producer shall not knowingly sell or in any way transfer hemp that 23 has been processed or prepared with the intent to be used in a hemp-derived consumable product 24 to any person or entity other than a manufacturer licensed pursuant to this Chapter. 25 (b) Civil Penalties. – Violation of this section shall have the following penalties: 26 (1) For the first violation, the ALE Division may impose a civil penalty of no 27 more than five hundred dollars ($500.00). 28 (2) For the second violation within three years, the ALE Division may impose a 29 civil penalty of no more than seven hundred fifty dollars ($750.00). 30 (3) For the third violation within three years of the first violation, the ALE 31 Division shall impose a civil penalty of no more than one thousand dollars 32 ($1,000). 33 (4) For a fourth or subsequent violation within three years of the first violation, 34 the ALE Division shall impose a civil penalty of no more than two thousand 35 dollars ($2,000). 36 (c) Proceeds of Civil Penalty. – The clear proceeds of any civil penalty imposed under 37 this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with 38 G.S. 115C-457.2. 39 (d) Criminal Penalty. – Any person against whom a civil penalty has been imposed for 40 violation of this section who commits a second violation of this section is guilty of a Class A1 41 misdemeanor. Any person who commits a third or subsequent violation of this section is guilty 42 of a Class H felony. 43 (e) Applicability of this Section. – Nothing in this section shall be construed as 44 prohibiting a producer from selling or transferring hemp that is intended to be used in any lawful 45 product other than those regulated by this Chapter. 46 "§ 18D-102. Offenses involving the purchase, attempted purchase, or possession of 47 hemp-derived consumable products by a person under 21 years of age. 48 (a) It is unlawful for any person to give a hemp-derived consumable product to anyone 49 less than 21 years old. 50 General Assembly Of North Carolina Session 2025 House Bill 607-First Edition Page 5 (b) It is unlawful for a person less than 21 years old to possess, purchase, or attempt to 1 purchase a hemp-derived consumable product. 2 (c) It is unlawful for any person to enter or attempt to enter a place where hemp-derived 3 consumable products are sold or consumed, or to obtain or attempt to obtain hemp-derived 4 consumable products, or to obtain or attempt to obtain permission to purchase hemp-derived 5 consumable products, in violation of subsection (b) of this section, by using or attempting to use 6 any of the following: 7 (1) A fraudulent or altered drivers license. 8 (2) A fraudulent or altered identification document other than a drivers license. 9 (3) A drivers license issued to another person. 10 (4) An identification document other than a drivers license issued to another 11 person. 12 (5) Any other form or means of identification that indicates or symbolizes that the 13 person is not prohibited from purchasing or possessing a hemp-derived 14 consumable product under this section. 15 (d) It is unlawful for any person to permit the use of the person's drivers license or any 16 other form of identification of any kind issued or given to the person by any other person who 17 violates or attempts to violate subsection (b) of this section. 18 (e) Penalties. – 19 (1) Any person less than 21 years old who violates this section is guilty of a Class 20 2 misdemeanor. 21 (2) Any person at least 21 years old who violates this section is guilty of a Class 22 1 misdemeanor. 23 (3) Aiding or abetting a violation of this section shall be punished as provided in 24 subdivisions (1) and (2) of this subsection, and all other provisions of this 25 section shall apply to that offense. 26 (f) Nothing in this section prohibits an underage person from selling, transporting, or 27 possessing hemp-derived consumable products in the course of employment, if the employment 28 of the person for that purpose is lawful under applicable youth employment statutes. 29 "§ 18D-103. Offenses involving the manufacture and distribution of hemp-derived 30 consumable products. 31 (a) Offenses. – It is unlawful for a manufacturer or distributor to do any of the following: 32 (1) Knowingly, or having reason to know, distribute samples of a hemp-derived 33 consumable product in or on a public street, sidewalk, park, or public building. 34 (2) Engage in the business of manufacturing or distributing a hemp-derived 35 consumable product without a valid license issued in accordance with this 36 Chapter. 37 (3) Knowingly, or having reason to know, manufacture or distribute a 38 hemp-derived consumable product that has a concentration of more than 39 three-tenths of one percent (0.3%) on a dry weight basis of delta-9 40 tetrahydrocannabinol. 41 (b) Criminal Penalties. – A violation of this section is a Class A1 misdemeanor. 42 (c) Civil Penalties. – In addition to any criminal punishment authorized by this section, 43 for any violation of this section the ALE Division shall take one or more of the following actions 44 against the licensee: 45 (1) Suspend the licensee's license for a specified period of time not longer than 46 three years. 47 (2) Revoke the licensee's license. 48 (3) Impose conditions on the operating hours of the licensee's business. 49 (4) Impose civil penalties as follows: 50 General Assembly Of North Carolina Session 2025 Page 6 House Bill 607-First Edition a. For a first violation, impose a civil penalty of no more than one 1 thousand dollars ($1,000). 2 b. For a second violation within three years, impose a civil penalty of no 3 more than five thousand dollars ($5,000). 4 c. For a third violation within three years of the first violation, impose a 5 civil penalty of no more than seven thousand five hundred dollars 6 ($7,500). 7 (d) Compromise. – In any case in which the ALE Division is entitled to suspend or revoke 8 a manufacturer's or distributor's license, the ALE Division may accept from the manufacturer or 9 distributor an offer in compromise to pay a penalty of not more than eight thousand dollars 10 ($8,000). The ALE Division may either accept a compromise or revoke a license, but not both. 11 The ALE Division may accept a compromise and suspend the license in the same case. 12 (e) Testing Fee. – In any case in which the ALE Division imposes a penalty pursuant to 13 subsection (b) of this section, for a violation of subdivision (3) of subsection (a) of this section, 14 the manufacturer or distributor shall also pay to the ALE Division the actual costs paid by the 15 ALE Division for testing of the samples resulting in the violation. Any fee collected pursuant to 16 this subsection shall be remitted to the ALE Division. 17 (f) Proceeds of Civil Penalty. – The clear proceeds of any civil penalty imposed under 18 this section, including any penalty received as an offer in compromise, shall be remitted to the 19 Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 20 (g) Defense. – It is a defense to a violation of subdivision (3) of subsection (a) of this 21 section if the manufacturer does all of the following: 22 (1) Recalls all hemp-derived consumable products from the same batch as the 23 product on which the violation is based. 24 (2) Has samples of the batch tested by an independent testing laboratory. The 25 sample size required for testing pursuant to this subdivision shall be five times 26 the number of units required pursuant to G.S. 18D-104(e) based on the size of 27 the batch at production, regardless of the number of units that are able to be 28 recalled. 29 (3) Provides certified results from the independent testing laboratory indicating 30 that the sample tested does not contain a concentration of more than 31 three-tenths of one percent (0.3%) on a dry weight basis total combined of 32 delta-9 tetrahydrocannabinol. 33 (h) Forfeiture. – Any product sold in violation of subdivision (3) of subsection (a) of this 34 section shall be subject to forfeiture pursuant to the procedures set forth in G.S. 18D-301. 35 "§ 18D-104. Testing prior to distribution. 36 (a) Requirement. – The manufacturer shall have a hemp-derived consumable product 37 tested prior to distribution to a distributor or before distributing the product to a retail dealer. If 38 the hemp-derived consumable product is packaged in a manner that may be sold to the ultimate 39 consumer of the product when delivered to the distributor and the distributor does not open such 40 package, the distributor is not required to test the hemp-derived consumable product. If the 41 hemp-derived consumable product is not packaged in a manner that may be sold to the ultimate 42 consumer of the product when delivered to the distributor or the distributor does open such 43 package, the distributor shall have the hemp-derived consumable product tested prior to 44 distribution. The testing shall determine the presence and amounts of any of the substances listed 45 in subsection (b) of this section. No product that contains more than the maximum amount 46 indicated for any substance in subsection (b) of this section shall be distributed or sold in this 47 State. 48 (b) Substances Tested; Limitations. – Hemp-derived consumable products shall be tested 49 for the presence of and amount of the following substances and shall not exceed the amounts 50 indicated: 51 General Assembly Of North Carolina Session 2025 House Bill 607-First Edition Page 7 (1) Cannabinoids, not to exceed a concentration of three-tenths of one percent 1 (0.3%) of delta-9 tetrahydrocannabinol. 2 (2) 2,3-butanedione (Diacetyl). 3 (3) Abamectin, not to exceed 300 parts per billion for ingestion or 100 parts per 4 billion for inhalation. 5 (4) Acephate, not to exceed 3,000 parts per billion for ingestion or 100 parts per 6 billion for inhalation. 7 (5) Acequinocyl, not to exceed 2,000 parts per billion for ingestion or 100 parts 8 per billion for inhalation. 9 (6) Acetamiprid, not to exceed 3,000 parts per billion for ingestion or 100 parts 10 per billion for inhalation. 11 (7) Aldicarb, not to exceed 100 parts per billion for ingestion or inhalation. 12 (8) Azoxystrobin, not to exceed 3,000 parts per billion for ingestion or 100 parts 13 per billion for inhalation. 14 (9) Bifenazate, not to exceed 3,000 parts per billion for ingestion or 100 parts per 15 billion for inhalation. 16 (10) Bifenthrin, not to exceed 500 parts per billion for ingestion or 100 parts per 17 billion for inhalation. 18 (11) Boscalid, not to exceed 3,000 parts per billion for ingestion or 100 parts per 19 billion for inhalation. 20 (12) Captan, not to exceed 3,000 parts per billion for ingestion or 700 parts per 21 billion for inhalation. 22 (13) Carbaryl, not to exceed 500 parts per billion for ingestion or 500 parts per 23 billion for inhalation. 24 (14) Carbofuran, not to exceed 100 parts per billion for ingestion or inhalation. 25 (15) Chlorantraniliprole, not to exceed 3,000 parts per billion for ingestion or 1,000 26 parts per billion for inhalation. 27 (16) Chlordane, not to exceed 100 parts per billion for ingestion or inhalation. 28 (17) Chlorfenapyr, not to exceed 100 parts per billion for ingestion or inhalation. 29 (18) Chlormequat chloride, not to exceed 3,000 parts per billion for ingestion or 30 1,000 parts per billion for inhalation. 31 (19) Chlorpyrifos, not to exceed 100 parts per billion for ingestion or inhalation. 32 (20) Clofentezine, not to exceed 500 parts per billion for ingestion or 200 parts per 33 billion for inhalation. 34 (21) Coumaphos, not to exceed 100 parts per billion for ingestion or inhalation. 35 (22) Cyfluthrin, not to exceed 1,000 parts per billion for ingestion or 500 parts per 36 billion for inhalation. 37 (23) Cypermethrin, not to exceed 1,000 parts per billion for ingestion or 500 parts 38 per billion for inhalation. 39 (24) Daminozide, not to exceed 100 parts per billion for ingestion or inhalation. 40 (25) DDVP (Dichlorvos), not to exceed 100 parts per billion for ingestion or 41 inhalation. 42 (26) Diazinon, not to exceed 200 parts per billion for ingestion or 100 parts per 43 billion for inhalation. 44 (27) Dimethoate, not to exceed 100 parts per billion for ingestion or inhalation. 45 (28) Dimethomorph, not to exceed 3,000 parts per billion for ingestion or 200 parts 46 per billion for inhalation. 47 (29) Ethoprop(hos), not to exceed 100 parts per billion for ingestion or inhalation. 48 (30) Etofenprox, not to exceed 100 parts per billion for ingestion or inhalation. 49 (31) Etoxazole, not to exceed 1,500 parts per billion for ingestion or 100 parts per 50 billion for inhalation. 51 General Assembly Of North Carolina Session 2025 Page 8 House Bill 607-First Edition (32) Fenhexamid, not to exceed 3,000 parts per billion for ingestion or 100 parts 1 per billion for inhalation. 2 (33) Fenoxycarb, not to exceed 100 parts per billion for ingestion or inhalation. 3 (34) Fenpyroximate, not to exceed 2,000 parts per billion for ingestion or 100 parts 4 per billion for inhalation. 5 (35) Fipronil, not to exceed 100 parts per billion for ingestion or inhalation. 6 (36) Flonicamid, not to exceed 2,000 parts per billion for ingestion or 100 parts per 7 billion for inhalation. 8 (37) Fludioxonil, not to exceed 3,000 parts per billion for ingestion or 100 parts 9 per billion for inhalation. 10 (38) Hexythiazox, not to exceed 2,000 parts per billion for ingestion or 100 parts 11 per billion for inhalation. 12 (39) Imazalil, not to exceed 100 parts per billion for ingestion or inhalation. 13 (40) Imidacloprid, not to exceed 3,000 parts per billion for ingestion or 400 parts 14 per billion for inhalation. 15 (41) Kresoxim-methyl, not to exceed 1,000 parts per billion for ingestion or 100 16 parts per billion for inhalation. 17 (42) Malathion, not to exceed 2,000 parts per billion for ingestion or 200 parts per 18 billion for inhalation. 19 (43) Metalaxyl, not to exceed 3,000 parts per billion for ingestion or 100 parts per 20 billion for inhalation. 21 (44) Methiocarb, not to exceed 100 parts per billion for ingestion or inhalation. 22 (45) Methomyl, not to exceed 100 parts per billion for ingestion or inhalation. 23 (46) Methyl parathion, not to exceed 100 parts per billion for ingestion or 24 inhalation. 25 (47) Mevinphos, not to exceed 100 parts per billion for ingestion or inhalation. 26 (48) Myclobutanil, not to exceed 3,000 parts per billion for ingestion; prohibited at 27 any concentration for inhalation. 28 (49) Naled, not to exceed 500 parts per billion for ingestion or 250 parts per billion 29 for inhalation. 30 (50) Oxamyl, not to exceed 500 parts per billion for ingestion or inhalation. 31 (51) Paclobutrazol, not to exceed 100 parts per billion for ingestion or inhalation. 32 (52) Pentachloronitrobenzene, not to exceed 200 parts per billion for ingestion or 33 150 parts per billion for inhalation. 34 (53) Permethrin, not to exceed 1,000 parts per billion for ingestion or 100 parts per 35 billion for inhalation. 36 (54) Phosmet, not to exceed 200 parts per billion for ingestion or 100 parts per 37 billion for inhalation. 38 (55) Piperonyl butoxide, not to exceed 3,000 parts per billion for ingestion or 39 inhalation. 40 (56) Prallethrin, not to exceed 400 parts per billion for ingestion or 100 parts per 41 billion for inhalation. 42 (57) Propiconazole, not to exceed 1,000 parts per billion for ingestion or 100 parts 43 per billion for inhalation. 44 (58) Propoxur, not to exceed 100 parts per billion for ingestion or inhalation. 45 (59) Pyrethrins, not to exceed 1,000 parts per billion for ingestion or 500 parts per 46 billion for inhalation. 47 (60) Pyridaben, not to exceed 3,000 parts per billion for ingestion or 200 parts per 48 billion for inhalation. 49 (61) Spinetoram, not to exceed 3,000 parts per billion for ingestion or 200 parts per 50 billion for inhalation. 51 General Assembly Of North Carolina Session 2025 House Bill 607-First Edition Page 9 (62) Spinosad A & D, not to exceed 3,000 parts per billion for ingestion or 100 1 parts per billion for inhalation. 2 (63) Spiromesifen, not to exceed 3,000 parts per billion for ingestion or 100 parts 3 per billion for inhalation. 4 (64) Spirotetramat, not to exceed 3,000 parts per billion for ingestion or 100 parts 5 per billion for inhalation. 6 (65) Spiroxamine, not to exceed 100 parts per billion for ingestion or inhalation. 7 (66) Tebuconazole, not to exceed 1,000 parts per billion for ingestion or 100 parts 8 per billion for inhalation. 9 (67) Thiacloprid, not to exceed 100 parts per billion for ingestion or 100 parts per 10 billion for inhalation. 11 (68) Thiamethoxam, not to exceed 1,000 parts per billion for ingestion or 500 parts 12 per billion for inhalation. 13 (69) Trifloxystrobin, not to exceed 3,000 parts per billion for ingestion or 100 parts 14 per billion for inhalation. 15 (70) 1,2-Dichloroethane, not to exceed 2 parts per million. 16 (71) 1,1-Dichloroethene, not to exceed 8 parts per million. 17 (72) Acetone, not to exceed 750 parts per million. 18 (73) Acetonitrile, not to exceed 60 parts per million. 19 (74) Benzene, not to exceed 1 part per million. 20 (75) Butane, not to exceed 5,000 parts per million. 21 (76) Chloroform, not to exceed 2 parts per million. 22 (77) Ethanol, not to exceed 5,000 parts per million. 23 (78) Ethyl Acetate, not to exceed 400 parts per million. 24 (79) Ethyl Ether, not to exceed 500 parts per million. 25 (80) Ethylene Oxide, not to exceed 5 parts per million. 26 (81) Heptane, not to exceed 5,000 parts per million. 27 (82) Hexane, not to exceed 250 parts per million. 28 (83) Isopropyl Alcohol, not to exceed 500 parts per million. 29 (84) Methanol, not to exceed 250 parts per million. 30 (85) Methylene Chloride, not to exceed 125 parts per million. 31 (86) Pentane, not to exceed 750 parts per million. 32 (87) Propane, not to exceed 5,000 parts per million. 33 (88) Toluene, not to exceed 150 parts per million. 34 (89) Trichloroethylene, not to exceed 25 parts per million. 35 (90) Xylenes, Total (ortho-, meta-, para-), not to exceed 150 parts per million. 36 (91) Cadmium, not to exceed 500 parts per billion for ingestion or 200 parts per 37 billion for inhalation. 38 (92) Lead, not to exceed 500 parts per billion for ingestion or inhalation. 39 (93) Arsenic, not to exceed 1,500 parts per billion for ingestion or 200 parts per 40 billion for inhalation. 41 (94) Mercury, not to exceed 3,000 parts per billion for ingestion or 200 parts per 42 billion for inhalation. 43 (95) Shiga toxin-producing Escherichia coli (STEC E. coli) and other pathogenic 44 E. coli, not to exceed 1 CFU per gram. 45 (96) Salmonella, not to exceed 1 CFU per gram. 46 (97) Aspergillus niger, Aspergillus fumigatus, Aspergillus flavus, Aspergillus 47 terreus, not to exceed 1 CFU per gram. 48 (98) Total Aflatoxin (B1, B2, G1, G2), not to exceed 20 parts per billion for 49 ingestion or inhalation. 50 (99) Ochratoxin, not to exceed 20 parts per billion for ingestion or inhalation. 51 General Assembly Of North Carolina Session 2025 Page 10 House Bill 607-First Edition (100) Total combined Yeast and Mold, not to exceed 100,000 CFU per gram for 1 ingestion and inhalation. 2 (c) Laboratory Qualifications. – A manufacturer or distributor shall contract with an 3 independent testing laboratory to provide the testing required under subsection (a) of this section. 4 (d) Testing Method. – A laboratory providing testing required under subsection (a) of this 5 section shall use high-performance liquid chromatography for any separation and measurement 6 required in the testing. 7 (e) Batch Testing. – A sample of each batch manufactured shall undergo the testing 8 required by subsection (a) of this section and shall obtain a certificate of analysis by an 9 independent testing laboratory. The size of sample required to be tested shall be determined by 10 the size of the batch as follows: 11 (1) For a batch containing 1 to 999 units, the required sample size is 1 unit. 12 (2) For a batch containing 1,000 to 4,999 units, the required sample size is 2 units. 13 (3) For a batch containing 5,000 to 9,999 units, the required sample size is 3 units. 14 (4) For a batch containing 10,000 or more units, the required sample size is 5 15 units. 16 (f) Expiration Date. – A hemp-derived consumable product shall have an expiration date 17 on the label that conforms with applicable federal law. 18 (g) Civil Penalties. – A violation of this section shall result in the ALE Division taking 19 one or more of the following actions against the licensee: 20 (1) Suspend the licensee's license for a specified period of time not longer than 21 three years. 22 (2) Revoke the licensee's license. 23 (3) Impose conditions on the operating hours of the licensee's business. 24 (4) Impose civil penalties as follows: 25 a. For a first violation, impose a civil penalty of no more than one 26 thousand dollars ($1,000). 27 b. For a second violation within three years, impose a civil penalty of no 28 more than five thousand dollars ($5,000). 29 c. For a third violation within three years of the first violation, impose a 30 civil penalty of no more than seven thousand five hundred dollars 31 ($7,500). 32 (h) Compromise. – In any case in which the ALE Division is entitled to suspend or revoke 33 a manufacturer's or distributor's license, the ALE Division may accept from the manufacturer or 34 distributor an offer in compromise to pay a penalty of not more than eight thousand dollars 35 ($8,000). The ALE Division may either accept a compromise or revoke a license, but not both. 36 The ALE Division may accept a compromise and suspend the license in the same case. 37 (i) Proceeds of Civil Penalty. – The clear proceeds of any civil penalty imposed under 38 this section, including any penalty received as an offer in compromise, shall be remitted to the 39 Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 40 (j) ALE Division Duties. – The ALE Division shall do all of the following: 41 (1) Maintain and post on its website a list of independent testing laboratories that 42 meet the qualifications to test intermediate manufactured material and finished 43 hemp-derived consumable products. 44 (2) Develop an application and process to determine qualifying independent 45 testing laboratories to be listed on the ALE Division's website. The application 46 shall require a potentially qualifying laboratory to submit a sample certificate 47 of analysis issued by the applying laboratory indicating that the laboratory is 48 capable of detecting the chemicals provided in subsection (b) of this section. 49 "§ 18D-105. Additional requirements and restrictions for hemp-derived consumable 50 products. 51 General Assembly Of North Carolina Session 2025 House Bill 607-First Edition Page 11 (a) Packaging Requirements. – A hemp-derived consumable product that is sold in this 1 State shall meet both of the following requirements: 2 (1) The product shall satisfy the child-resistant effectiveness standards under 16 3 C.F.R. § 1700.15(b)(1) when tested in accordance with the requirements of 16 4 C.F.R. § 1700.20. 5 (2) The product shall be labeled with consumer protection warnings in the form 6 of statements that cover all of the following: 7 a. A list of ingredients and possible allergens and a nutritional fact panel 8 or have a quick response code that can be scanned that directs 9 consumers to a website containing the list of ingredients and possible 10 allergens and a nutritional fact panel. 11 b. A statement that use while pregnant or breastfeeding may be harmful. 12 c. A statement that consumption of certain cannabinoids may impair 13 your ability to drive and operate heavy machinery. 14 d. A statement that the product is not approved by the United States Food 15 and Drug Administration. 16 e. A statement to keep out of reach of children. 17 f. A statement to consult your physician before use. 18 g. If the product is ingestible, the amount of hemp-derived cannabinoid 19 in each serving of the product, measured in milligrams. 20 h. The total amount of hemp-derived cannabinoid in the entire package, 21 measured in milligrams. 22 i. The net weight of the product. 23 j. A quick response code that can be scanned to access a website 24 providing the product's batch number, date received, date of 25 completion, and method of analysis for the testing required under 26 G.S. 18D-106. 27 k. An expiration date in accordance with applicable federal law. 28 (b) Advertising Restrictions. – A manufacturer, distributor, or retail dealer of a 29 hemp-derived consumable product shall not advertise, market, or offer for sale the product by 30 using, in the labeling or design of the product or product packaging or in advertising or marketing 31 materials for the product trade dress, trademarks, branding, or other related materials, any 32 imagery or scenery that depicts or signifies characters or symbols known to appeal primarily to 33 persons under 21 years of age, including, but not limited to, superheroes, comic book characters, 34 video game characters, television show characters, movie characters, mythical creatures, 35 unicorns, animals, cartoon characters, or any imitation of the packaging or labeling of candy, 36 cereals, sweets, chips, or other food products typically marketed to persons under 21 years of 37 age. 38 (c) Non-Liquid Ingestible Product Restrictions. – Any hemp-derived consumable 39 product intended for ingestion that is not a liquid and not intended for inhalation shall not do any 40 of the following: 41 (1) Be sold in a serving that contains more than 25 milligrams, in the aggregate, 42 of one or more of the following hemp-derived cannabinoids: 43 a. Delta-9 tetrahydrocannabinol. 44 b. Delta-7 tetrahydrocannabinol. 45 c. Delta-8 tetrahydrocannabinol. 46 d. Delta-10 tetrahydrocannabinol. 47 (2) Be formed in a shape that would violate subsection (b) of this section. 48 (c1) Liquid Ingestible Product Restrictions. – Any hemp-derived consumable product 49 intended for ingestion that is a liquid and not intended for inhalation shall not be sold in a serving 50 General Assembly Of North Carolina Session 2025 Page 12 House Bill 607-First Edition that contains more than 10 milligrams, or a package that contains more than 100 milligrams, in 1 the aggregate, of one or more of the following hemp-derived cannabinoids: 2 (1) Delta-9 tetrahydrocannabinol. 3 (2) Delta-7 tetrahydrocannabinol. 4 (3) Delta-8 tetrahydrocannabinol. 5 (4) Delta-10 tetrahydrocannabinol. 6 (c2) Inhalable Product for Vaporization Restrictions. – Any hemp-derived consumable 7 product intended for inhalation by vaporization shall not be sold in a container that contains more 8 than 3 milliliters of hemp-derived cannabinoids, in the aggregate, of one or more of the following 9 hemp-derived cannabinoids: 10 (1) Delta-9 tetrahydrocannabinol. 11 (2) Delta-7 tetrahydrocannabinol. 12 (3) Delta-8 tetrahydrocannabinol. 13 (4) Delta-10 tetrahydrocannabinol. 14 For the purposes of this subsection "vaporization" includes the heating of hemp-derived oil 15 to release aerosolized hemp-derived cannabinoids. 16 (d) Civil Penalties. – A violation of this section shall result in the ALE Division taking 17 one or more of the following actions against the licensee: 18 (1) Suspend the licensee's license for a specified period of time not longer than 19 three years. 20 (2) Revoke the licensee's license. 21 (3) Impose conditions on the operating hours of the licensee's business. 22 (4) Impose civil penalties as follows: 23 a. For a first violation, impose a civil penalty of no more than one 24 thousand dollars ($1,000). 25 b. For a second violation within three years, impose a civil penalty of no 26 more than five thousand dollars ($5,000). 27 c. For a third violation within three years of the first violation, impose a 28 civil penalty of no more than seven thousand five hundred dollars 29 ($7,500). 30 (e) Compromise. – In any case in which the ALE Division is entitled to suspend or revoke 31 a manufacturer's or distributor's license, the ALE Division may accept from the manufacturer or 32 distributor an offer in compromise to pay a penalty of not more than eight thousand dollars 33 ($8,000). The ALE Division may either accept a compromise or revoke a license, but not both. 34 The ALE Division may accept a compromise and suspend the license in the same case. 35 (f) Proceeds of Civil Penalty. – The clear proceeds of any civil penalty imposed under 36 this section, including any penalty received as an offer in compromise, shall be remitted to the 37 Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 38 "§ 18D-105.1. Conduct on licensed premises. 39 (a) Certain Conduct. – It shall be unlawful for a licensee or the licensee's agent or 40 employee to knowingly allow any of the following kinds of conduct to occur on the licensed 41 premises: 42 (1) Any violation of this Chapter. 43 (2) Any violation of the controlled substances, gambling, or any other unlawful 44 acts. 45 (b) Supervision. – It shall be unlawful for a permittee to fail to superintend in person or 46 through a manager the business for which a license is issued. 47 "§ 18D-105.2. Safe harbor protection for goods not sold in State. 48 (a) This Chapter shall not apply to the following: 49 (1) A safe harbor hemp product. 50 (2) A safe harbor manufacturer or storage facility. 51 General Assembly Of North Carolina Session 2025 House Bill 607-First Edition Page 13 (b) For the purposes of this section, a "Safe Harbor Hemp Product" means a 1 hemp-derived compound or cannabinoid, whether a finished product or in the process of being 2 produced, that is permitted to be manufactured for distribution, produced for distribution, 3 packaged for distribution, processed for distribution, prepared for distribution, treated for 4 distribution, transported for distribution, or held for distribution in North Carolina for export 5 from North Carolina but that is not permitted to be sold or distributed in North Carolina. 6 (c) For the purposes of this section, a "Safe Harbor Manufacturer or Storage Facility" 7 means a facility that manufactures for distribution, produces for distribution, packages for 8 distribution, processes for distribution, prepares for distribution, treats for distribution, transports 9 for distribution, or holds for distribution a Safe Harbor Hemp Product. 10 "§ 18D-106. Construction of Chapter. 11 Nothing in this Chapter shall be construed to do any of the following: 12 (1) Permit a person to undertake any task under the influence of a hemp-derived 13 consumable product when doing so would constitute negligence or 14 professional malpractice. 15 (2) Permit a person to operate, navigate, or be in actual physical control of a motor 16 vehicle, aircraft, motorized watercraft, or any other vehicle while under the 17 influence of a hemp-derived consumable product. 18 (3) Require an employer to accommodate the use of a hemp-derived consumable 19 product in a workplace or an employee working while under the influence of 20 a hemp-derived consumable product. 21 (4) Require an individual or establishment in lawful possession of property to 22 admit a guest, client, customer, or other visitor who is impaired as a result of 23 the person's use of a hemp-derived consumable product. 24 (5) Exempt a person from prosecution for a criminal offense related to impairment 25 or intoxication resulting from the use of a hemp-derived consumable product 26 or relieve a person from any requirement under law to submit to a breath, 27 blood, urine, or other test to detect the presence of a controlled substance. 28 (6) Limit the ability of an employer to establish, continue, or enforce a drug-free 29 workplace program or policy. 30 (7) Create a cause of action against an employer for wrongful discharge or 31 discrimination. 32 (8) Allow the possession, sale, manufacture, or distribution of any substance that 33 is otherwise prohibited by Article 5 of Chapter 90 of the General Statutes. 34 "Article 2. 35 "Licensing. 36 "§ 18D-200. Definitions. 37 The definitions contained in Article 1 of this Chapter apply to this Article as appropriate. 38 "§ 18D-201. Licensing requirements; qualifications; duration. 39 (a) Requirement. – Prior to the commencement of business or by July 1, 2026, whichever 40 is later, a person or entity engaged in this State in any business regulated by this Chapter and 41 listed in this subsection shall obtain a license to engage in that business from the ALE Division. 42 Businesses engaging in one or more of the following are required to obtain a license pursuant to 43 this section: 44 (1) Manufacturing hemp-derived consumable products. 45 (2) Distributing hemp-derived consumable products. 46 (3) Selling hemp-derived consumable products. 47 (b) Qualifications. – In order to obtain and maintain a license under subsection (a) of this 48 section, a person shall meet all of the following criteria: 49 (1) Be at least 21 years old. 50 General Assembly Of North Carolina Session 2025 Page 14 House Bill 607-First Edition (2) Submit to the ALE Division any information determined by the ALE Division 1 to be necessary for the efficient enforcement of this Chapter. 2 (3) Have not been convicted of a felony relating to a controlled substance within 3 10 years in any state or federal jurisdiction. 4 (4) Consent to reasonable inspection by the ALE Division of the inventory of 5 products regulated by this Chapter to ensure compliance with this Chapter and 6 the taking of samples found to not be in compliance with the packaging, 7 labeling, and testing requirements of this section. 8 (5) Be current in filing all applicable tax returns to the State and in payment of all 9 taxes, interest, and penalties collectable pursuant to G.S. 105-241.22. 10 (c) Single License Required. – A person or entity engaged in more than one of the 11 businesses listed in subsection (a) of this section shall only be required to obtain a single license. 12 Upon application for a license, the person or entity engaged in more than one type of business 13 regulated by this Chapter must indicate on the license application all of the businesses listed in 14 subsection (a) of this section in which the business engages or intends to engage. A person or 15 entity applying for a license for more than one type of business listed in subsection (a) of this 16 section shall pay a single fee as provided in G.S. 18D-202(c). 17 (d) Duration. – A license issued pursuant to this Article is valid for a period of one year 18 and shall be renewed annually. 19 "§ 18D-202. Fees. 20 (a) Application Fee. – The application fee for a license required pursuant to this Article 21 shall be as follows: 22 (1) For a license to manufacture hemp-derived consumable products, a fee of 23 fifteen thousand dollars ($15,000). However, if an applicant submits proof that 24 the applicant's gross income for the calendar year prior to application was less 25 than one hundred thousand dollars ($100,000), the fee shall be one thousand 26 dollars ($1,000). 27 (2) For a license to distribute hemp-derived consumable products, a fee of two 28 thousand five hundred dollars ($2,500). However, if an applicant submits 29 proof that the applicant's gross income for the calendar year prior to 30 application was less than one hundred thousand dollars ($100,000), the fee 31 shall be seven hundred fifty dollars ($750.00). 32 (3) For a license to sell hemp-derived consumable products at a retail location, or 33 online for delivery to a person within this State, a fee of two hundred fifty 34 dollars ($250.00) for each location or each internet website offering delivery 35 in this State. However, a single entity with more than 25 locations, internet 36 websites offering delivery in this State, or a combination of the two shall not 37 pay more than five thousand dollars ($5,000) and shall submit a list of all 38 locations and all internet websites offering delivery in this State to the ALE 39 Division. 40 (b) Renewal Fee. – The renewal fee for a license issued pursuant to this Article shall be 41 as follows: 42 (1) For a license to manufacture hemp-derived consumable products, a renewal 43 fee of five thousand dollars ($5,000). 44 (2) For a license to distribute hemp-derived consumable products, a renewal fee 45 of seven hundred fifty dollars ($750.00). 46 (3) For a license to sell hemp-derived consumable products at a retail location or 47 online for delivery to a person within this State, a renewal fee in the same 48 amount as the initial licensing fees established under subsection (a) of this 49 section. 50 General Assembly Of North Carolina Session 2025 House Bill 607-First Edition Page 15 (c) For an application for or renewal of a license to engage in more than one business 1 listed in subsection (a) of G.S. 18D-201, the fee shall be the highest fee of those prescribed for 2 the types of business indicated on the application or renewal, as applied to that applicant or 3 licensee. 4 "§ 18D-203. ALE Division authority to deny or revoke. 5 The ALE Division may revoke or refuse to issue any license for any of the following: 6 (1) Failure to comply with or meet any of the qualifications required by 7 G.S. 18D-201(b). 8 (2) Submission of false or misleading information in an application for licensure 9 or renewal. 10 (3) Submission of false or misleading information in any report or information 11 required by this Chapter to be submitted to the ALE Division. 12 (4) Failure to comply with civil penalties authorized by this Chapter. 13 "§ 18D-204. Civil penalties; procedure. 14 Proceedings for the assessment of civil penalties authorized in Article 1 of this Chapter shall 15 be governed by Chapter 150B of the General Statutes. If the person or entity assessed a civil 16 penalty fails to pay the penalty to the ALE Division, the ALE Division may institute an action in 17 the superior court of the county in which the person resides or has their principal place of business 18 to recover the unpaid amount of the penalty. An action to recover a civil penalty under this 19 Chapter shall not relieve any party from any other penalty prescribed by law. 20 "§ 18D-205. ALE Division to develop application, adopt rules, remit revenue. 21 (a) License Application. – The ALE Division shall develop and make available online an 22 application for the license required by this Article. 23 (b) Rules. – The ALE Division shall have authority to adopt, amend, and repeal rules to 24 carry out the provisions of this Chapter. 25 (c) Distribution of Revenue. – The revenue collected from fees established under this 26 Chapter shall be remitted to the ALE Division, on a monthly basis, to be used to cover costs 27 incurred by the ALE Division in enforcing the provisions of this Chapter. To the extent the funds 28 described in this subsection are deemed unappropriated, the funds are hereby appropriated for 29 the purpose set forth in this subsection. 30 "Article 3. 31 "Enforcement. 32 "§ 18D-300. ALE Division. 33 (a) Authority. – The ALE Division shall enforce the provisions of this Chapter in a 34 manner that is reasonable to reduce the extent to which hemp-derived consumable products are 35 sold or distributed to persons under 21 years of age and shall conduct random, unannounced 36 inspections at locations where hemp-derived consumable products are sold or distributed to 37 ensure compliance with the provisions of this Chapter. If, upon reasonable inspection, the ALE 38 Division determines a licensee's inventory may consist of products not in compliance with the 39 packaging, labeling, and testing requirements of this Chapter, the ALE Division is authorized to 40 only take samples of a licensee's inventory of hemp-derived consumable products considered 41 noncompliant to be submitted for testing in order to determine compliance with the provisions of 42 this Chapter. To procure evidence of violations of this Chapter, ALE Division agents shall have 43 authority to investigate the operation of each licensee under this Chapter and each licensed 44 premises for which a license has been issued under this Chapter, to make inspections that include 45 viewing the entire premises, including the examination of records, equipment, and proceeds 46 related to the manufacture or distribution of hemp-derived consumable products. The inspection 47 authorized by this section may be made at any time it reasonably appears that someone is on the 48 premises. 49 (b) Interference with Inspection. – Refusal by a licensee or by any employee of a licensee 50 to permit ALE Division agents to enter the premises to make an inspection authorized by 51 General Assembly Of North Carolina Session 2025 Page 16 House Bill 607-First Edition subsection (a) of this section shall be cause for suspension, revocation, or other action against the 1 licensee. It shall be a Class 2 misdemeanor for any person to resist or obstruct an agent attempting 2 to make a lawful inspection under this section. 3 (c) Report. – Beginning January 1, 2027, the ALE Division shall submit an annual report 4 to the General Assembly describing in detail the ALE Division's enforcement efforts under this 5 Chapter. The ALE Division shall also make the report required under this subsection available 6 on the ALE Division's website. 7 "§ 18D-301. Forfeiture of property. 8 (a) Seizure of Product. – For any hemp-derived consumable product subject to forfeiture, 9 a law enforcement officer is hereby authorized and empowered to seize and take possession of 10 such products. 11 (b) Custody until Trial. – A law enforcement officer seizing a product subject to forfeiture 12 shall provide for its safe storage until trial. 13 (c) Disposition after Criminal Trial. – The presiding judge in a criminal proceeding for 14 violation of G.S. 18D-103(a)(3) may take the following actions after resolution of a charge 15 against the owner or possessor of products subject to forfeiture under this section: 16 (1) If the owner or possessor of the product is found guilty of a violation of 17 G.S. 18D-103(a)(3), the judge shall order the product forfeited. 18 (2) If the owner or possessor of the product is found not guilty, or if the charge is 19 dismissed or otherwise resolved in favor of the owner or possessor, the judge 20 shall order the product returned to the owner or possessor. 21 (3) If the product is also needed as evidence at an administrative hearing, the 22 judge shall provide that the order does not go into effect until the ALE 23 Division determines that the product is no longer needed for the administrative 24 proceeding. 25 (d) Disposition after Civil Forfeiture Proceeding. – Violations of G.S. 18D-101(a)(4) 26 shall be subject to forfeiture under the procedure set forth in G.S. 75D-5. 27 (e) Disposition of Forfeited Product. – Notwithstanding G.S. 75D-5(j), a judge ordering 28 forfeiture of property shall order the product destroyed. 29 (f) Return of Property. – Any owner of products seized for forfeiture may apply to a 30 judge to have the products returned to the owner if no criminal charge has been made or no action 31 for civil forfeiture has been commenced in connection with that product within a reasonable time 32 after seizure. The judge may not order the return of the product if possession by the owner would 33 be unlawful." 34 SECTION 1.(b) G.S. 18B-500(b) reads as rewritten: 35 "(b) Subject Matter Jurisdiction. – After taking the oath prescribed for a peace officer, an 36 alcohol law-enforcement agent shall have authority to arrest and take other investigatory and 37 enforcement actions for any criminal offense: 38 (1) Occurring, encountered, or otherwise discovered on the premises of, or 39 elsewhere when the conduct relates to, a location under application for or 40 holding a permit issued by the North Carolina Alcoholic Beverage Control 41 Commission or the North Carolina Education Lottery Commission. 42 (1a) Occurring, encountered, or otherwise discovered on the premises of, or 43 elsewhere when the conduct relates to, a location holding a license issued 44 pursuant to Chapter 18D of the General Statutes. 45 (2) Encountered or otherwise discovered while investigating or enforcing matters 46 for the North Carolina Alcoholic Beverage Control Commission or the North 47 Carolina Education Lottery Commission or encountered or otherwise 48 discovered while investigating or enforcing the provisions of this Chapter, 49 Chapter 18C of the General Statutes, Chapter 18D of the General Statutes, 50 General Assembly Of North Carolina Session 2025 House Bill 607-First Edition Page 17 G.S. 14-313, or Parts 1 and 2 of Article 37 of Chapter 14 of the General 1 Statutes. 2 (3) Encountered or otherwise discovered while carrying out any duty or function 3 assigned to the Division by law. 4 (4) Occurring in an agent's presence. 5 (5) When assisting another law enforcement agency." 6 SECTION 1.(c) G.S. 7A-304(a) reads as rewritten: 7 "(a) In every criminal case in the superior or district court, wherein the defendant is 8 convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the 9 prosecuting witness, the following costs shall be assessed and collected. No costs may be 10 assessed when a case is dismissed. Only upon entry of a written order, supported by findings of 11 fact and conclusions of law, determining that there is just cause, the court may (i) waive costs 12 assessed under this section or (ii) waive or reduce costs assessed under subdivision (7), (8), (8a), 13 (11), (12), or (13) of this section. No court may waive or remit all or part of any court fines or 14 costs without providing notice and opportunity to be heard by all government entities directly 15 affected. The court shall provide notice to the government entities directly affected of (i) the date 16 and time of the hearing and (ii) the right to be heard and make an objection to the remission or 17 waiver of all or part of the order of court costs at least 15 days prior to hearing. Notice shall be 18 made to the government entities affected by first-class mail to the address provided for receipt of 19 court costs paid pursuant to the order. The costs referenced in this subsection are listed below: 20 … 21 (14) For the services of any laboratory facility, the district or superior court judge 22 shall, upon conviction, order payment of the sum of six hundred dollars 23 ($600.00) to be remitted to the Alcohol Law Enforcement Division of the 24 Department of Public Safety (ALE Division) or agency that paid for the 25 laboratory services. The cost shall be assessed only in cases in which (i) the 26 defendant is convicted of a violation of G.S. 18D-103(a)(3) and (ii) as part of 27 the investigation leading to the defendant's conviction, testing was conducted 28 at a laboratory on products regulated under Chapter 18D of the General 29 Statutes." 30 SECTION 1.(d) This section becomes effective July 1, 2026, and applies to all 31 hemp-derived consumable products possessed, sold, distributed, or manufactured on or after that 32 date, and to all offenses committed on or after that date. 33 SECTION 2.(a) G.S. 90-94.1 is repealed. 34 SECTION 2.(b) This section becomes effective December 1, 2025, and applies to 35 offenses committed on or after that date. 36 SECTION 3. Except as otherwise provided, this act is effective when it becomes 37 law. 38