North Carolina 2025-2026 Regular Session

North Carolina House Bill H680 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 680
	3	+	H D
	4	+	HOUSE BILL DRH10332-MLf-74C
	5	+
5	6
6	7
7	8		Short Title: The Protect Children from Cannabis Act. (Public)
8		-	Sponsors: Representatives Reeder, Chesser, and Cotham (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	April 3, 2025
12		-	H680 -v-1
	9	+	Sponsors: Representative Reeder.
	10	+	Referred to:
	11	+
	12	+	DRH10332 -MLf-74C
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO REGULATE THE SALE AND DISTRIBUTION OF HEMP -DERIVED 2
15	15		CONSUMABLE PRODUCTS . 3
16	16		Whereas, changes to federal law in 2018 related to hemp and associated changes in 4
17	17		State law have resulted in a surge in the manufacture and sale of intoxicating cannabis products 5
18	18		in North Carolina; and 6
19	19		Whereas, these products are being sold by retailers like vape shops, gas stations, and 7
20	20		convenience stores, as well as online, in various forms such as candy, baked goods, snack foods, 8
21	21		beverages, and vape pens; and 9
22	22		Whereas, these products may contain high levels of intoxicating cannabis, however, 10
23	23		there are no State laws or regulations addressing age limits for the sale of these products, and 11
24	24		there is no system for identifying or regulating the retailers who sell these products; and 12
25	25		Whereas, evidence shows that young children and youth can have severe reactions to 13
26	26		ingesting cannabis, including respiratory depression requiring respiratory support, confusion, and 14
27	27		intoxication; and 15
28	28		Whereas, evidence also shows that cannabis use during adolescence and young 16
29	29		adulthood may harm the developing brain, and youth who use intoxicating cannabis can 17
30	30		experience multiple negative impacts such as: problems with memory, learning, school and social 18
31	31		life; impaired driving; the potential for addiction; and increased risk of mental health issues, 19
32	32		including depression, anxiety, psychosis, schizophrenia, and suicidal behaviors; and 20
33	33		Whereas, since 2019 and following this surge in the availability of intoxicating 21
34	34		cannabis products, the rate of emergency department visits in North Carolina for intoxicating 22
35	35		cannabis ingestion (THC ingestion) among children and youth ages 17 and under increased more 23
36	36		than 600 percent by 2023, and among older teens the rate increased more than 1,000 percent; and 24
37	37		Whereas, the State must protect its children under the age of 21 from intoxicating 25
38	38		cannabis products that can harm their health, development, and safety; Now, therefore, 26
39	39		The General Assembly of North Carolina enacts: 27
40	40		SECTION 1. The General Statutes are amended by adding a new Chapter to read: 28
41	41		"Chapter 18D. 29
42	42		"Regulation of Hemp-Derived Consumable Products. 30
43	43		"Article 1. 31
44	44		"Definitions and Authority. 32
45	45		"§ 18D-100. Definitions. 33
46	46		Unless the context requires otherwise, the following definitions apply in this Article: 34
47		-	(1) ALE Division. – As defined in G.S. 18B-101. 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 680-First Edition
49		-	(2) Commission. – As defined in G.S. 18B-101. 1
50		-	(3) Consumer. – An individual who purchases, receives, or possesses 2
51		-	hemp-derived consumable products for personal consumption and not for 3
52		-	resale. 4
53		-	(4) Delivery sale. – A sale of hemp-derived consumable products to a consumer 5
54		-	in this State in which either of the following applies: 6
55		-	a. The consumer submits the order for the sale by telephone, mail, the 7
56		-	internet or other online service or application, or when the seller is 8
57		-	otherwise not in the physical presence of the consumer when the 9
58		-	consumer submits the order. 10
59		-	b. The hemp-derived consumable products are delivered via mail or a 11
60		-	delivery service. 12
61		-	(5) Delivery seller. – A person located within or outside this State who makes a 13
62		-	delivery sale. 14
63		-	(6) Delivery seller permit. – A permit issued to a delivery seller pursuant to this 15
64		-	Chapter. 16
65		-	(7) Delivery service. – A person engaged in the commercial delivery of letters, 17
66		-	packages, or other containers. 18
67		-	(8) Distribute. – Sell, furnish, give, or provide hemp-derived consumable 19
68		-	products to the ultimate consumer. 20
69		-	(9) Hemp. – As defined in G.S. 90-87. 21
70		-	(10) Hemp-derived cannabinoid. – Any phytocannabinoid found in hemp, 22
71		-	including delta-9 tetrahydrocannabinol (delta-9 THC), tetrahydrocannabinolic 23
72		-	acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol 24
73		-	(CBN), cannabigerol (CBG), cannabichromene (CBC), cannabicyclol (CBL), 25
74		-	cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin 26
75		-	(CBDV), cannabicitran (CBT), delta-7 tetrahydrocannabinol (delta-7 THC), 27
76		-	delta-8 tetrahydrocannibinol (delta-8 THC), or delta-10 tetrahydrocannibinol 28
77		-	(delta-10 THC). This term also includes any artificially produced cannabinoid 29
78		-	derived from hemp and contained in a hemp-derived consumable product. 30
79		-	(11) Hemp-derived consumable product. – A hemp product that is a finished good 31
80		-	intended for human ingestion or inhalation that contains a delta-9 THC 32
81		-	concentration of not more than three-tenths of one percent (0.3%) on a dry 33
82		-	weight basis, but may contain concentrations of other hemp-derived 34
83		-	cannabinoids, in excess of that amount. This term does not include hemp 35
84		-	products intended for topical application or seeds or seed-derived ingredients 36
85		-	that are generally recognized as safe by the United States Food and Drug 37
86		-	Administration (FDA). 38
87		-	(12) Hemp-derived consumable product retail sales law. – Any statute or statutes 39
88		-	in this Chapter and the rules issued by the Commission under the authority of 40
89		-	this Chapter. 41
90		-	(13) Hemp product. – As defined in G.S. 90-87. 42
91		-	(14) Ingestion. – The process of consuming hemp through the mouth, by 43
92		-	swallowing into the gastrointestinal system or through tissue absorption. 44
93		-	(15) Inhalation. – The process of consuming hemp into the respiratory system 45
94		-	through the mouth or nasal passages. 46
95		-	(16) Packaging. – The individual packet, can, box, or other container used to 47
96		-	contain and to convey hemp-derived consumable products to the consumer. 48
97		-	(17) Permit. – A permit issued pursuant to this Chapter, unless the context clearly 49
98		-	requires otherwise. 50 General Assembly Of North Carolina Session 2025
99		-	House Bill 680-First Edition Page 3
	47	+	(1) ALE Division. – As defined in G.S. 18B-101. 35
	48	+	(2) Commission. – As defined in G.S. 18B-101. 36
	49	+	H.B. 680
	50	+	Apr 1, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH10332-MLf-74C
	53	+	(3) Consumer. – An individual who purchases, receives, or possesses 1
	54	+	hemp-derived consumable products for personal consumption and not for 2
	55	+	resale. 3
	56	+	(4) Delivery sale. – A sale of hemp-derived consumable products to a consumer 4
	57	+	in this State in which either of the following applies: 5
	58	+	a. The consumer submits the order for the sale by telephone, mail, the 6
	59	+	internet or other online service or application, or when the seller is 7
	60	+	otherwise not in the physical presence of the consumer when the 8
	61	+	consumer submits the order. 9
	62	+	b. The hemp-derived consumable products are delivered via mail or a 10
	63	+	delivery service. 11
	64	+	(5) Delivery seller. – A person located within or outside this State who makes a 12
	65	+	delivery sale. 13
	66	+	(6) Delivery seller permit. – A permit issued to a delivery seller pursuant to this 14
	67	+	Chapter. 15
	68	+	(7) Delivery service. – A person engaged in the commercial delivery of letters, 16
	69	+	packages, or other containers. 17
	70	+	(8) Distribute. – Sell, furnish, give, or provide hemp-derived consumable 18
	71	+	products to the ultimate consumer. 19
	72	+	(9) Hemp. – As defined in G.S. 90-87. 20
	73	+	(10) Hemp-derived cannabinoid. – Any phytocannabinoid found in hemp, 21
	74	+	including delta-9 tetrahydrocannabinol (delta-9 THC), tetrahydrocannabinolic 22
	75	+	acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol 23
	76	+	(CBN), cannabigerol (CBG), cannabichromene (CBC), cannabicyclol (CBL), 24
	77	+	cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin 25
	78	+	(CBDV), cannabicitran (CBT), delta-7 tetrahydrocannabinol (delta-7 THC), 26
	79	+	delta-8 tetrahydrocannibinol (delta-8 THC), or delta-10 tetrahydrocannibinol 27
	80	+	(delta-10 THC). This term also includes any artificially produced cannabinoid 28
	81	+	derived from hemp and contained in a hemp-derived consumable product. 29
	82	+	(11) Hemp-derived consumable product. – A hemp product that is a finished good 30
	83	+	intended for human ingestion or inhalation that contains a delta-9 THC 31
	84	+	concentration of not more than three-tenths of one percent (0.3%) on a dry 32
	85	+	weight basis, but may contain concentrations of other hemp-derived 33
	86	+	cannabinoids, in excess of that amount. This term does not include hemp 34
	87	+	products intended for topical application or seeds or seed-derived ingredients 35
	88	+	that are generally recognized as safe by the United States Food and Drug 36
	89	+	Administration (FDA). 37
	90	+	(12) Hemp-derived consumable product retail sales law. – Any statute or statutes 38
	91	+	in this Chapter and the rules issued by the Commission under the authority of 39
	92	+	this Chapter. 40
	93	+	(13) Hemp product. – As defined in G.S. 90-87. 41
	94	+	(14) Ingestion. – The process of consuming hemp through the mouth, by 42
	95	+	swallowing into the gastrointestinal system or through tissue absorption. 43
	96	+	(15) Inhalation. – The process of consuming hemp into the respiratory system 44
	97	+	through the mouth or nasal passages. 45
	98	+	(16) Packaging. – The individual packet, can, box, or other container used to 46
	99	+	contain and to convey hemp-derived consumable products to the consumer. 47
	100	+	(17) Permit. – A permit issued pursuant to this Chapter, unless the context clearly 48
	101	+	requires otherwise. 49 General Assembly Of North Carolina Session 2025
	102	+	DRH10332-MLf-74C Page 3
100	103		(18) Person. – An individual, firm, partnership, association, corporation, limited 1
101	104		liability company, other organization or group, or other combination of 2
102	105		individuals acting as a unit. 3
103	106		(19) Premises. – A fixed permanent establishment, including all areas inside or 4
104	107		outside the licensed establishment, where the permittee has control through a 5
105	108		lease, deed, or other legal process. 6
106	109		(20) Proof of age. – A drivers license, a special identification card issued under 7
107	110		G.S. 20-37.7 or issued by the state agency of any other state authorized to 8
108	111		issue similar official state special identification cards for that state, a military 9
109	112		identification card, or a passport showing the purchaser's age to be at least the 10
110	113		required age for purchase and bearing a physical description of the person 11
111	114		named on the card reasonably describing the purchaser. 12
112	115		(21) Retail dealer. – A person who sells a hemp-derived consumable product to the 13
113	116		ultimate consumer of the product, including a delivery seller. 14
114	117		(22) Retail seller. – A retail dealer who is not a delivery seller. 15
115	118		(23) Retail seller permit. – A permit issued to a retail seller pursuant to this Chapter. 16
116	119		(24) Sale. – As defined in G.S. 105-113.4. 17
117	120		(25) Sample. – A hemp-derived consumable product distributed to members of the 18
118	121		general public at no cost for the purpose of promoting the product. 19
119	122		"§ 18D-101. Powers and duties of the Commission. 20
120	123		(a) The Commission shall have the authority to do all of the following: 21
121	124		(1) Administer the hemp-derived consumable product retail sales laws pursuant 22
122	125		to this Chapter. 23
123	126		(2) Provide for enforcement of the hemp-derived consumable product retail sales 24
124	127		laws pursuant to this Chapter, in conjunction with the ALE Division. 25
125	128		(3) Issue permits and impose sanctions against permittees in accordance with this 26
126	129		Chapter. 27
127	130		(b) The Commission shall have all other powers which may be reasonably implied from 28
128	131		the granting of the express powers listed in subsection (a) of this section, or which may be 29
129	132		incidental to, or convenient for, performing the duties given to the Commission. 30
130	133		"§ 18D-102. Inspection of licensed premises. 31
131	134		(a) To procure evidence of violations of the hemp-derived consumable product retail 32
132	135		sales law, alcohol law enforcement agents and employees of the Commission shall have authority 33
133	136		to investigate the operation of each licensed premises for which a permit has been issued, to make 34
134	137		inspections that include viewing the entire premises, and to examine the books and records of the 35
135	138		permittee. The inspection authorized by this section may be made at any time it reasonably 36
136	139		appears that someone is on the premises. 37
137	140		(b) Refusal by a permittee or by any employee of a permittee to allow officers or 38
138	141		employees of the Commission to enter the premises to make an inspection authorized by 39
139	142		subsection (a) of this section shall be cause for revocation, suspension, or other action against the 40
140	143		permit or the permittee as provided in G.S. 18D-103. It shall be a Class 2 misdemeanor for any 41
141	144		person to resist or obstruct an officer attempting to make a lawful inspection under this section. 42
142	145		"§ 18D-103. Administrative penalties. 43
143	146		(a) For any violation of the hemp-derived consumable product retail sales laws, the 44
144	147		Commission may take any of the following actions against a permittee: 45
145	148		(1) Suspend the permittee's permit for a specified period of time not longer than 46
146	149		three years. 47
147	150		(2) Revoke the permittee's permit. 48
148	151		(3) Fine the permittee up to five hundred dollars ($500.00) for the first violation, 49
149	152		up to seven hundred fifty dollars ($750.00) for the second violation within 50 General Assembly Of North Carolina Session 2025
150		-	Page 4 ~~House Bill 680-First Edition~~
	153	+	Page 4 DRH10332-MLf-74C
151	154		three years, and up to one thousand dollars ($1,000) for the third violation 1
152	155		within three years of the first violation. 2
153	156		(4) Suspend the permittee's permit under subdivision (1) of this subsection and 3
154	157		impose a fine under subdivision (3) of this subsection. 4
155	158		(b) In any case in which the Commission is entitled to suspend or revoke a permit, the 5
156	159		Commission may accept from the permittee an offer in compromise to pay a penalty of not more 6
157	160		than five thousand dollars ($5,000). The Commission may either accept a compromise or revoke 7
158	161		a permit, but not both. The Commission may accept a compromise and suspend the permit in the 8
159	162		same case. 9
160	163		(c) The clear proceeds of fines and penalties assessed pursuant to this section shall be 10
161	164		remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 11
162	165		(d) Suspension or revocation of a permit is grounds for suspension or revocation of any 12
163	166		related State or local revenue license. 13
164	167		(e) Unless some other disposition is ordered by the Commission for a hemp-derived 14
165	168		consumable product retail sales law violation, revocation or suspension of a permit under 15
166	169		subsection (a) of this section does not include automatic revocation or suspension, respectively, 16
167	170		of any ABC permit held by the same permittee for the same establishment. 17
168	171		"§ 18D-104. Rules. 18
169	172		The Commission shall have authority to adopt, amend, and repeal rules to carry out the 19
170	173		provisions of this Chapter. Those rules shall become effective when adopted and filed pursuant 20
171	174		to the provisions of Chapter 150B of the General Statutes. 21
172	175		"§ 18D-105. Applicability of Administrative Procedure Act. 22
173	176		(a) A permit is a "license" within the meaning of G.S. 150B-2 and, except for a 23
174	177		confirmation pursuant to G.S. 18D-300(a)(7), a Commission action on issuance, suspension, or 24
175	178		revocation of a permit, other than a temporary permit issued under G.S. 18D-304, is a "contested 25
176	179		case" subject to the provisions of Chapter 150B of the General Statutes, except as provided in 26
177	180		this section. 27
178	181		(b) Hearings on permits shall be held within 100 miles, as best can be determined by the 28
179	182		Commission, of the county seat of the county in which the licensed business or proposed business 29
180	183		is located. The hearing may be held, however, at any place upon agreement of the Commission 30
181	184		and all other parties. 31
182	185		(c) In making a final decision in a contested case in which an issue is whether to deny an 32
183	186		application for a permit because the applicant is unsuitable, the Commission may hear evidence 33
184	187		of acts that occurred after the date the contested case hearing was held if the evidence is 34
185	188		admissible under G.S. 150B-29(a). New evidence heard under this subsection is not grounds for 35
186	189		reversal or remand under G.S. 150B-51(a). 36
187	190		"Article 2. 37
188	191		"Sales. 38
189	192		"§ 18D-200. Permit required. 39
190	193		(a) It is unlawful to sell a hemp-derived consumable product to a consumer in this State 40
191	194		without a permit issued by the Commission in accordance with this Chapter. 41
192	195		(b) Notwithstanding subsection (a) of this section, no permit issued pursuant to this 42
193	196		Chapter shall be required by a delivery service making deliveries on behalf of another person 43
194	197		holding a permit issued pursuant to this Chapter. 44
195	198		"§ 18D-201. Disposition of seized hemp-derived consumable products. 45
196	199		(a) A law enforcement officer who seizes hemp-derived consumable products as 46
197	200		evidence of a hemp-derived consumable product retail sales law violation shall provide for the 47
198	201		storage of those hemp-derived consumable products until the commencement of the trial or 48
199	202		administrative hearing relating to the violation, unless some other disposition is authorized under 49
200	203		this section. 50 General Assembly Of North Carolina Session 2025
201		-	~~House Bill 680-First Edition~~ Page 5
	204	+	DRH10332-MLf-74C Page 5
202	205		(b) After giving notice to each defendant, to any other known owner, and to the 1
203	206		Commission, a judge may order any of the following dispositions of the hemp-derived 2
204	207		consumable products seized as evidence of a hemp-derived consumable product retail sales law 3
205	208		violation: 4
206	209		(1) The destruction of any hemp-derived consumable products except that amount 5
207	210		needed for evidence at trial. 6
208	211		(2) The sale of any hemp-derived consumable products other than any 7
209	212		hemp-derived consumable products needed for evidence at trial, if the trial is 8
210	213		likely to be delayed for more than 90 days, or if the quantity or nature of the 9
211	214		hemp-derived consumable products is such that storage is impractical or 10
212	215		unduly expensive. 11
213	216		(3) The destruction of the hemp-derived consumable products if storage or sale is 12
214	217		not practical. 13
215	218		(4) Continued storage of the hemp-derived consumable products. 14
216	219		(c) After the criminal charge is resolved, a judge may order any of the following 15
217	220		dispositions of the seized hemp-derived consumable products: 16
218	221		(1) If the owner or possessor of the hemp-derived consumable products is found 17
219	222		guilty of a criminal charge relating to those hemp-derived consumable 18
220	223		products, the judge may order the sale or destruction of any hemp-derived 19
221	224		consumable products that were held until trial. 20
222	225		(2) If the owner or possessor of the hemp-derived consumable products is found 21
223	226		not guilty, or if charges are dismissed or otherwise resolved in favor of the 22
224	227		owner or possessor, the judge shall order the hemp-derived consumable 23
225	228		products returned to that owner or possessor, except as provided in 24
226	229		subdivision (3) of this subsection. 25
227	230		(3) If the owner or possessor of the hemp-derived consumable products is found 26
228	231		not guilty, or if charges are otherwise resolved in favor of the owner or 27
229	232		possessor, but possession of the hemp-derived consumable products by that 28
230	233		owner or possessor would be unlawful, the judge shall order the hemp-derived 29
231	234		consumable products either sold or destroyed. 30
232	235		(4) If ownership of the hemp-derived consumable products remains uncertain 31
233	236		after trial or after the charges have been dismissed, the judge may order the 32
234	237		hemp-derived consumable products held for a specified time, until ownership 33
235	238		of the hemp-derived consumable products can be determined. 34
236	239		(d) If hemp-derived consumable products used as evidence in a criminal proceeding are 35
237	240		also needed as evidence at an administrative hearing, a judge shall not order any of the 36
238	241		dispositions set out in subsection (c) of this section but shall order the hemp-derived consumable 37
239	242		products held for the administrative hearing and for a determination of final disposition by the 38
240	243		Commission. The Commission may, before or after an administrative hearing, order any of the 39
241	244		dispositions authorized under subsections (b) and (c) of this section. If no related criminal 40
242	245		proceeding has commenced, the Commission shall not order destruction of the hemp-derived 41
243	246		consumable products until notice has been given to the district attorney for the district where the 42
244	247		hemp-derived consumable products were seized or any violation of hemp-derived consumable 43
245	248		product retail sales laws related to the seizure of the hemp-derived consumable products is likely 44
246	249		to be prosecuted. 45
247	250		(e) The sale of hemp-derived consumable products shall be by public auction to a 46
248	251		hemp-derived consumable products manufacturer, a hemp-derived consumable products 47
249	252		wholesaler, or a person holding a permit issued under this Chapter. 48
250	253		(f) An agency selling hemp-derived consumable products seized under the provisions of 49
251	254		this Chapter shall keep the proceeds in a separate account until some other disposition is ordered 50
252	255		by a judge or the Commission. In a criminal proceeding, if the owner or possessor of the 51 General Assembly Of North Carolina Session 2025
253		-	Page 6 ~~House Bill 680-First Edition~~
	256	+	Page 6 DRH10332-MLf-74C
254	257		hemp-derived consumable products is found guilty of a violation relating to seizure of the 1
255	258		hemp-derived consumable products, if the owner or possessor is found not guilty or the charge 2
256	259		is dismissed or otherwise resolved in favor of the owner or possessor, but the possession of the 3
257	260		hemp-derived consumable products by that owner or possessor would be unlawful, or if the 4
258	261		ownership of the hemp-derived consumable products cannot be determined, the proceeds from 5
259	262		the sale of those hemp-derived consumable products shall be paid to the school fund of the county 6
260	263		in which the hemp-derived consumable products were seized. If the owner or possessor of the 7
261	264		hemp-derived consumable products seized for violation of the hemp-derived consumable product 8
262	265		retail sales laws is found not guilty of criminal charges relating to the seizure of those 9
263	266		hemp-derived consumable products or the charge is dismissed or otherwise resolved in favor of 10
264	267		the owner or possessor, and if possession of the hemp-derived consumable products by that 11
265	268		owner or possessor was lawful when the hemp-derived consumable products were seized, the 12
266	269		proceeds from the sale of those hemp-derived consumable products shall be paid to the owner or 13
267	270		possessor. The agency making the sale may deduct and retain from the amount to be placed in 14
268	271		the county school fund the costs of storing the seized hemp-derived consumable products and of 15
269	272		conducting the sale but may not deduct those costs from the amount to be turned over to an owner 16
270	273		or possessor of the hemp-derived consumable products. 17
271	274		(g) Any person who claims any of the following resulting from the seizure of 18
272	275		hemp-derived consumable products may bring an action in the superior court of the county in 19
273	276		which the hemp-derived consumable products were seized: 20
274	277		(1) To be the owner of hemp-derived consumable products that are wrongfully 21
275	278		held. 22
276	279		(2) To be the owner of hemp-derived consumable products that are needed as 23
277	280		evidence in another proceeding. 24
278	281		(3) To be entitled to proceeds from a sale of the hemp-derived consumable 25
279	282		products. 26
280	283		(4) To be entitled to restitution for hemp-derived consumable products 27
281	284		wrongfully destroyed. 28
282	285		"§ 18D-202. Forfeiture. 29
283	286		(a) Hemp-derived consumable products possessed or sold in violation of the 30
284	287		hemp-derived consumable product retail sales laws shall be subject to forfeiture. 31
285	288		(b) Hemp-derived consumable products which may be possessed lawfully shall not be 32
286	289		subject to forfeiture when they were used unlawfully by someone other than the owner of the 33
287	290		hemp-derived consumable products and the owner did not consent to the unlawful use. 34
288	291		(c) If hemp-derived consumable products subject to forfeiture have not already been 35
289	292		seized as part of an arrest or search, a law enforcement officer may apply to a judge for an order 36
290	293		authorizing seizure of that hemp-derived consumable product. An order for seizure may be issued 37
291	294		only after criminal process has been issued for hemp-derived consumable product retail sales law 38
292	295		violation in connection with that hemp-derived consumable product. The order shall describe the 39
293	296		hemp-derived consumable product to be seized and shall state the facts establishing probable 40
294	297		cause to believe that the hemp-derived consumable product is subject to forfeiture. 41
295	298		(d) A law enforcement officer seizing the hemp-derived consumable product subject to 42
296	299		forfeiture shall provide for its safe storage until trial. 43
297	300		(e) The presiding judge in a criminal proceeding for violation of hemp-derived 44
298	301		consumable product retail sales laws may take any of the following actions after resolution of a 45
299	302		charge against the owner or possessor of the hemp-derived consumable product subject to 46
300	303		forfeiture under this section: 47
301	304		(1) If the owner or possessor of the hemp-derived consumable product is found 48
302	305		guilty of a hemp-derived consumable product retail sales offense, the judge 49
303	306		may order the hemp-derived consumable product forfeited. 50 General Assembly Of North Carolina Session 2025
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	307	+	DRH10332-MLf-74C Page 7
305	308		(2) If the owner or possessor of the hemp-derived consumable product is found 1
306	309		not guilty, or if the charge is dismissed or otherwise resolved in favor of the 2
307	310		owner or possessor, the judge shall order the hemp-derived consumable 3
308	311		product returned to the owner or possessor. 4
309	312		(3) If ownership of the hemp-derived consumable product remains uncertain after 5
310	313		trial, the judge may order the hemp-derived consumable product held for a 6
311	314		specified time to determine ownership. If the judge finds that ownership 7
312	315		cannot be determined with reasonable effort, the judge shall order the 8
313	316		hemp-derived consumable product forfeited. 9
314	317		(4) Regardless of the disposition of the charge, if the hemp-derived consumable 10
315	318		product is something that may not be possessed lawfully, the judge shall order 11
316	319		it forfeited. 12
317	320		(5) If the hemp-derived consumable product is also needed as evidence at an 13
318	321		administrative hearing, the judge shall provide that the order does not go into 14
319	322		effect until the Commission determines that the hemp-derived consumable 15
320	323		product is no longer needed for the administrative proceeding. 16
321	324		(f) A judge ordering forfeiture of the hemp-derived consumable product may order any 17
322	325		one of the following dispositions: 18
323	326		(1) Sale at public auction to a hemp-derived consumable products manufacturer, 19
324	327		a hemp-derived consumable products wholesaler, or a person holding a permit 20
325	328		issued under this Chapter. 21
326	329		(2) Destruction, if possession of the hemp-derived consumable product would be 22
327	330		unlawful or if sale or other disposition is not practical. 23
328	331		(g) If the forfeited hemp-derived consumable product is sold, the proceeds of that sale 24
329	332		shall be paid to the school fund of the county in which the hemp-derived consumable product 25
330	333		was seized, except as provided in subsection (h) of this section. Before placing the hemp-derived 26
331	334		consumable product proceeds in the school fund, the agency making the sale may deduct and 27
332	335		retain the costs of storing the hemp-derived consumable product and conducting the sale. 28
333	336		(h) At any time before forfeiture is ordered, an owner of the seized hemp-derived 29
334	337		consumable product or a holder of a security interest in the seized hemp-derived consumable 30
335	338		product, other than the defendant, may apply to protect the person's interest in the hemp-derived 31
336	339		consumable product. The application may be made to any judge who has jurisdiction to try the 32
337	340		offense with which the hemp-derived consumable product is associated. If the judge finds that 33
338	341		the hemp-derived consumable product owner or holder of a security interest did not consent to 34
339	342		the unlawful use of the hemp-derived consumable product, and that the hemp-derived 35
340	343		consumable product may be possessed lawfully by the owner or holder, the judge may order any 36
341	344		of the following: 37
342	345		(1) That the hemp-derived consumable product be returned to the owner, if it is 38
343	346		not needed as evidence at trial. 39
344	347		(2) That the hemp-derived consumable product be returned to the owner 40
345	348		following trial or other resolution of the case. 41
346	349		(3) That, if the hemp-derived consumable product is sold following trial, a 42
347	350		specified sum be paid from the proceeds of that sale to the holder of the 43
348	351		security interest. 44
349	352		(i) When the hemp-derived consumable product is seized for forfeiture but the owner is 45
350	353		unknown, the district attorney may seek forfeiture under this section by an action in rem against 46
351	354		the hemp-derived consumable product. If the owner is known and has been charged with an 47
352	355		offense but is unavailable for trial, the district attorney may seek forfeiture either by an action in 48
353	356		rem against the hemp-derived consumable product or by motion in the criminal action. 49
354	357		(j) Any owner of a hemp-derived consumable product seized for forfeiture may apply to 50
355	358		a judge to have the hemp-derived consumable product returned to him if no criminal charge has 51 General Assembly Of North Carolina Session 2025
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	359	+	Page 8 DRH10332-MLf-74C
357	360		been made in connection with that hemp-derived consumable product within a reasonable time 1
358	361		after seizure. The judge may not order the return of the hemp-derived consumable product if 2
359	362		possession by the owner would be unlawful. 3
360	363		"Article 3. 4
361	364		"Issuance of Permits. 5
362	365		"§ 18D-300. Qualifications for a permit. 6
363	366		(a) To be eligible to receive and to hold a permit under this Chapter, a person must satisfy 7
364	367		all of the following requirements: 8
365	368		(1) Be at least 21 years old. 9
366	369		(2) Be a resident of North Carolina, unless either of the following applies: 10
367	370		a. The person is an officer, director, or stockholder of a corporate 11
368	371		applicant or permittee and is not a manager or otherwise responsible 12
369	372		for the day-to-day operation of the business. 13
370	373		b. The person has executed a power of attorney designating a qualified 14
371	374		resident of this State to serve as attorney-in-fact for the purposes of 15
372	375		receiving service of process and managing the business for which 16
373	376		permits are sought. 17
374	377		(3) Not have been convicted of a felony within three years and, if convicted of a 18
375	378		felony before then, have had his or her citizenship restored. 19
376	379		(4) Not have been convicted of a hemp-derived consumable product retail sales 20
377	380		law within five years. 21
378	381		(5) Not have been convicted of a misdemeanor controlled substance offense 22
379	382		within five years. 23
380	383		(6) Not have had a permit issued under this Chapter revoked within five years, 24
381	384		except where the revocation was based solely on a permittee's failure to pay 25
382	385		the annual renewal fee required in G.S. 18D-302(d). 26
383	386		(7) Be current in filing all applicable tax returns to the State and in payment of all 27
384	387		taxes, interest, and penalties that are collectible under G.S. 105-241.22. 28
385	388		To avoid undue hardship, however, the Commission may decline to take action under 29
386	389		G.S. 18D-103 against a permittee who is in violation of subdivision (3), (4), or (5) of this 30
387	390		subsection. 31
388	391		(b) A person has been "convicted" for the purposes of subsection (a) of this section when 32
389	392		the person has been found guilty or has entered a plea of guilty or nolo contendere and judgment 33
390	393		has been entered. A felony conviction in another jurisdiction disqualifies a person from being 34
391	394		eligible to receive or hold a permit under this Chapter if the conduct would also constitute a 35
392	395		felony in North Carolina. A conviction of a hemp-derived consumable product retail sales law or 36
393	396		misdemeanor drug offense in another jurisdiction disqualifies a person from being eligible to 37
394	397		receive or hold a permit under this Chapter if the conduct would constitute an offense in North 38
395	398		Carolina, unless the Commission determines that under North Carolina procedure judgment 39
396	399		would not have been entered under the same circumstances. Revocation of a permit in another 40
397	400		jurisdiction disqualifies a person if the conduct would be grounds for revocation of a permit under 41
398	401		this Chapter in North Carolina. 42
399	402		(c) For a permit to be issued to and held for a business, each of the following persons 43
400	403		associated with that business must qualify under subsection (a) of this section: 44
401	404		(1) The owner of a sole proprietorship. 45
402	405		(2) Each member of a firm, association, or general partnership. 46
403	406		(3) Each general partner in a limited partnership. 47
404	407		(4) Each manager and any member with a twenty-five percent (25%) or greater 48
405	408		interest in a limited liability company. 49
406	409		(5) Each officer, director, and owner of twenty-five percent (25%) or more of the 50
407	410		stock of a corporation except that the requirement of subdivision (1) of 51 General Assembly Of North Carolina Session 2025
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	411	+	DRH10332-MLf-74C Page 9
409	412		subsection (a) of this section does not apply to the officer, director, or 1
410	413		stockholder unless he or she is a manager or is otherwise responsible for the 2
411	414		day-to-day operation of the business. 3
412	415		(6) The manager of an establishment operated by a corporation. 4
413	416		(7) Any manager who has been empowered as attorney-in-fact for a nonresident 5
414	417		individual or partnership. 6
415	418		(8) Any manager or person otherwise responsible for the day-to-day operation of 7
416	419		the business, if none of the persons listed in subdivisions (1) through (7) of 8
417	420		this subsection are a manager or person otherwise responsible for the 9
418	421		day-to-day operation of the business. 10
419	422		(d) Upon request of the Commission, the Department of Revenue shall provide 11
420	423		information to the Commission to confirm a person's compliance with subdivision (7) of 12
421	424		subsection (a) of this section. If the Department of Revenue notifies the Commission that a person 13
422	425		is not in compliance, then the Commission may not issue or renew the person's permit until the 14
423	426		Commission receives notice from the Department of Revenue that the person is in compliance. 15
424	427		The requirement to pay all taxes, interest, and penalties may be satisfied by an operative 16
425	428		agreement under G.S. 105-237 covering any amounts that are collectible under G.S. 105-241.22. 17
426	429		Chapter 150B of the General Statutes does not apply to a Commission action on issuance, 18
427	430		suspension, or revocation of a permit under subdivision (7) of subsection (a) of this section. 19
428	431		"§ 18D-301. Issuance of permits. 20
429	432		(a) All permits shall be issued by the Commission. 21
430	433		(b) Before issuing a permit, the Commission shall be satisfied that the applicant is a 22
431	434		suitable person to hold a permit and that the location is a suitable place to hold the permit for 23
432	435		which the applicant has applied. Factors the Commission shall consider in determining whether 24
433	436		the applicant and the business location are suitable are all of the following: 25
434	437		(1) The reputation, character, and criminal record of the applicant. 26
435	438		(2) Any other evidence that would tend to show whether the applicant would 27
436	439		comply with the hemp-derived consumable product retail sales laws. 28
437	440		(3) Whether the operation of the retail seller permit applicant's business at that 29
438	441		location would be detrimental to the neighborhood, including evidence 30
439	442		admissible under G.S. 150B-29(a) of any of the following: 31
440	443		a. Past revocations, suspensions, and violations of ABC laws by prior 32
441	444		permittees related to or associated with the applicant, or a business 33
442	445		with which the applicant is associated, within the immediate preceding 34
443	446		12-month period at this location. 35
444	447		b. Evidence of illegal drug activity on or about the licensed premises. 36
445	448		c. Evidence of fighting, disorderly conduct, and other dangerous 37
446	449		activities on or about the licensed premises. 38
447	450		(c) The Commission shall have the sole power, in its discretion, to determine the 39
448	451		suitability and qualifications of an applicant for a permit. The Commission shall also have the 40
449	452		authority to determine the suitability of the location to which the permit may be issued. 41
450	453		"§ 18D-302. Application for permit; fees. 42
451	454		(a) An application for a permit shall be on a form prescribed by the Commission and shall 43
452	455		be notarized in accordance with Chapter 10B of the General Statutes. Each person required to 44
453	456		qualify under G.S. 18D-300(c) shall sign and swear to the application and submit a full set of 45
454	457		fingerprints with the application. 46
455	458		(b) Before issuing a new permit, the Commission, with the assistance of the ALE 47
456	459		Division, shall investigate the applicant and, for a retail seller permit, the premises for which the 48
457	460		permit is requested. An applicant shall cooperate fully with the investigation. The State Bureau 49
458	461		of Investigation may provide a criminal record check to the ALE Division for a person who has 50
459	462		applied for a permit through the Commission. The ALE Division shall provide to the State Bureau 51 General Assembly Of North Carolina Session 2025
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461	464		of Investigation, along with the request, the fingerprints of the applicant, any additional 1
462	465		information required by the State Bureau of Investigation, and a form signed by the applicant 2
463	466		consenting to the check of the criminal record and to the use of the fingerprints and other 3
464	467		identifying information required by the State or national repositories. The applicant's fingerprints 4
465	468		shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history 5
466	469		record file, and the State Bureau of Investigation shall forward a set of the fingerprints to the 6
467	470		Federal Bureau of Investigation for a national criminal history check. The ALE Division and the 7
468	471		Commission shall keep all information pursuant to this subsection privileged, in accordance with 8
469	472		applicable State law and federal guidelines, and the information shall be confidential and shall 9
470	473		not be a public record under Chapter 132 of the General Statutes. The State Bureau of 10
471	474		Investigation may charge each applicant a fee for conducting the checks of criminal history 11
472	475		records authorized by this subsection. 12
473	476		(c) Knowingly making a false statement in an application for a permit shall be grounds 13
474	477		for denying, suspending, revoking, or taking other action against the permit as provided in 14
475	478		G.S. 18D-103 and shall also be unlawful. 15
476	479		(d) An application for a permit shall be accompanied by payment of two thousand dollars 16
477	480		($2,000) for each applicant's location or each delivery seller applicant's internet website offering 17
478	481		delivery in this State. However, a single entity with more than 25 locations, internet websites 18
479	482		offering delivery in this State, or a combination of the two shall not pay more than fifty thousand 19
480	483		dollars ($50,000) and shall submit a list of all locations and all internet websites offering delivery 20
481	484		in this State to the Commission. 21
482	485		(e) The fee required by subsection (d) of this section shall not be refunded. 22
483	486		(f) All fees collected by the Commission under this Chapter shall be remitted to the State 23
484	487		Treasurer for the General Fund. 24
485	488		"§ 18D-303. Duration of permit; renewal and transfer. 25
486	489		(a) Once issued, permits shall be valid for up to one year, from May 1 to April 30. 26
487	490		(b) Application for renewal of a permit shall be on a form provided by the Commission. 27
488	491		An application for renewal shall be accompanied by a renewal fee. The renewal fee shall be the 28
489	492		same amount as the application fee set in G.S. 18D-302. A renewal fee shall not be refundable. 29
490	493		(c) Notwithstanding subsection (a) of this section, the Commission shall not revoke a 30
491	494		permit for failure to pay a renewal application fee until June 1 of each year. No later than five 31
492	495		business days after April 30 of each year, the Commission shall notify permittees who have not 32
493	496		paid any required renewal application fees as of April 30. The Commission shall charge a late 33
494	497		fee of twenty-five percent (25%) of the renewal application fee for a permit for which the renewal 34
495	498		application fee is submitted after April 30. 35
496	499		(d) Change in Ownership. – 36
497	500		(1) Except as provided in subdivisions (2) and (2a) of this subsection, all permits 37
498	501		for an establishment shall automatically expire and shall be surrendered to the 38
499	502		Commission in any of the following circumstances: 39
500	503		a. Ownership of the establishment changes. 40
501	504		b. There is a change in the membership of the firm, association, or 41
502	505		partnership owning the establishment, involving the acquisition of a 42
503	506		twenty-five percent (25%) or greater share in the firm, association, or 43
504	507		partnership by someone who did not previously own a twenty-five 44
505	508		percent (25%) or greater share. 45
506	509		c. Twenty-five percent (25%) or more of the stock of the corporate 46
507	510		permittee owning the establishment is acquired by someone who did 47
508	511		not previously own twenty-five percent (25%) or more of the stock. 48
509	512		(2) Notwithstanding subsection (e) of this section, any person who through 49
510	513		contract, lease, management agreement, or change of ownership or transfer of 50
511	514		business as provided in subdivision (1) of this subsection becomes lawfully 51 General Assembly Of North Carolina Session 2025
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	515	+	DRH10332-MLf-74C Page 11
513	516		entitled to use and control of the premises of an establishment that holds 1
514	517		permits immediately prior to such change of ownership may continue to 2
515	518		operate the establishment, as successor to the prior permittee, to the same 3
516	519		extent as the predecessor permittee until the person receives a temporary or 4
517	520		new permit, subject to the following limitations: 5
518	521		a. The person shall provide written or electronic notice to the 6
519	522		Commission of the name of the non-permitted person, the name and 7
520	523		address of the permitted establishment, and the date of the change in 8
521	524		ownership. The person may not operate the establishment as provided 9
522	525		in this subdivision until the person has provided notice to the 10
523	526		Commission. The Commission shall not require any additional 11
524	527		documentation besides the written or electronic notice to satisfy this 12
525	528		requirement. The prior permittee shall not be liable for any acts or 13
526	529		omissions of the non-permitted person operating the establishment. 14
527	530		Any violations of the hemp-derived consumable product retail sales 15
528	531		law committed by the person or any actions taken by the Commission 16
529	532		to revoke or suspend the permit based on the acts or omissions of the 17
530	533		person operating the establishment shall not preclude the prior 18
531	534		permittee from receiving a permit for a different establishment. 19
532	535		b. The person shall submit a new permit application to the Commission 20
533	536		within 60 days after the change of ownership. If the person does not 21
534	537		apply for a new permit within 60 days, all permits for the establishment 22
535	538		shall automatically expire and shall be surrendered to the Commission. 23
536	539		c. The 60-day period to file a new permit application shall only be 24
537	540		allowed once per 24 months for each establishment that holds a permit, 25
538	541		unless the establishment requests and the Commission grants a waiver 26
539	542		of the 24-month requirement. The Commission shall grant a waiver of 27
540	543		the 24-month requirement if it determines that the public health, 28
541	544		safety, and welfare would not be harmed by granting the waiver. 29
542	545		d. This subdivision shall apply only to establishments that hold permits 30
543	546		that are in good standing and that have not been found responsible by 31
544	547		the Commission or a court of competent jurisdiction of a gambling, 32
545	548		assault, disorderly conduct, prostitution, or controlled substances 33
546	549		violation within 12 months prior to the date the non-permitted person 34
547	550		becomes entitled to use and control of the establishment. 35
548	551		e. The person shall be authorized to operate the establishment as 36
549	552		successor to the prior permittee to the same extent as the predecessor 37
550	553		permittee until the Commission either issues or denies the permit 38
551	554		application submitted pursuant to sub-subdivision b. of this 39
552	555		subdivision. 40
553	556		(2a) The transfer by a person of any ownership interest to a revocable or 41
554	557		irrevocable trust established by the person shall not constitute a change in 42
555	558		ownership for purposes of subdivision (1) of this subsection if the person 43
556	559		transferring the ownership interest to the trust continues to operate the 44
557	560		establishment. If the person who transferred the ownership interest ceases to 45
558	561		operate the establishment following the transfer of the ownership interest to 46
559	562		the trust, this shall constitute a change in ownership for purposes of 47
560	563		subdivision (1) of this subsection. The trustee shall notify the Commission 48
561	564		within 30 days if the person who transferred the ownership interest ceases to 49
562	565		operate the establishment. 50 General Assembly Of North Carolina Session 2025
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564	567		(e) A corporation holding a permit for an establishment for which the manager is required 1
565	568		to qualify as an applicant under G.S. 18D-300(c) shall, within 30 days after employing a new 2
566	569		manager, submit to the Commission an application for substitution of a manager. The application 3
567	570		shall be signed by the new manager, shall be on a form provided by the Commission, and shall 4
568	571		be accompanied by a fee of ten dollars ($10.00). The fee shall not be refundable. 5
569	572		(f) A permit issued pursuant to this Chapter may not be transferred from one person to 6
570	573		another or from one location to another. 7
571	574		(g) The Commission may issue duplicate permits for an establishment when the existing 8
572	575		valid permits have been lost or damaged. The request for duplicate permits shall be on a form 9
573	576		provided by the Commission, certified by the permittee and the ALE Division, and accompanied 10
574	577		by a fee of ten dollars ($10.00). 11
575	578		(h) The Commission may issue new permits to a permittee upon application and payment 12
576	579		of a fee of ten dollars ($10.00) for each location when the permittee's name or name of the 13
577	580		business is changed. 14
578	581		"§ 18D-304. Miscellaneous provisions concerning permits. 15
579	582		(a) The following apply to a permit issued pursuant to this Chapter: 16
580	583		(1) A retail seller permit shall authorize the sale of hemp-derived consumable 17
581	584		products only in the physical presence of the consumer on the fixed premises 18
582	585		of the establishment located in the State and named in the permit. A retail 19
583	586		seller permit shall be issued to the owner of the business conducted on the 20
584	587		premises or to the management company employed to independently manage 21
585	588		and operate the business. The Commission may determine if a management 22
586	589		agreement delegates sufficient managerial control and independence to a 23
587	590		manager or management company to require a retail seller permit to be issued 24
588	591		to the manager. 25
589	592		(2) A delivery seller permit shall authorize a delivery sale only, originating either 26
590	593		inside or outside of the State. A delivery seller permit shall be issued to the 27
591	594		owner of the business or to the management company employed to 28
592	595		independently manage and operate the business. The Commission may 29
593	596		determine if a management agreement delegates sufficient managerial control 30
594	597		and independence to a manager or management company to require a delivery 31
595	598		seller permit to be issued to the manager. 32
596	599		(b) Each retail seller permit that is held by an establishment shall be posted in a prominent 33
597	600		place on the premises. Each delivery seller shall post its delivery seller permit number on any 34
598	601		advertisement, the internet, or other online service or application a customer may use to submit 35
599	602		an order and on all invoices or receipts for hemp-derived consumable products delivered by mail 36
600	603		or a delivery service. 37
601	604		(c) No permit shall be issued to a business on the campus or property of a public school, 38
602	605		college, or university. 39
603	606		(d) A permit shall automatically expire and shall be surrendered to the Commission if the 40
604	607		person to whom it is issued does not commence the activity authorized by the permit within six 41
605	608		months of the date the permit is effective. Before the expiration of the six-month period, the 42
606	609		Commission may waive this provision in individual cases for good cause. 43
607	610		(e) Upon issuing a permit, the Commission shall send notice of the issuance, with the 44
608	611		name and address of the permittee and the establishment, to all of the following: 45
609	612		(1) The Department of Revenue. 46
610	613		(2) The Department of Health and Human Services, Division of Mental Health, 47
611	614		Developmental Disabilities, and Substance Use Services. 48
612	615		(3) The ALE Division. 49
613	616		"§ 18D-305. Temporary permits. 50 General Assembly Of North Carolina Session 2025
614		-	~~House Bill 680-First Edition~~ Page 13
	617	+	DRH10332-MLf-74C Page 13
615	618		When an application has been received in proper form, with the required application fee, the 1
616	619		Commission may issue a temporary permit for any of the activities for which permits are 2
617	620		authorized under this Chapter. A temporary permit may be revoked summarily by the 3
618	621		Commission without complying with the provisions of Chapter 150B of the General Statutes. 4
619	622		Revocation of a temporary permit or withdrawal by the Commission of a pending application by 5
620	623		a permittee possessing a temporary permit shall be effective upon service of the notice of 6
621	624		revocation or withdrawal upon the permittee at either the permittee's residence or the address 7
622	625		given for the business in the permit application or upon the expiration of five business days after 8
623	626		the notice of the revocation or withdrawal has been mailed to the permittee at either the 9
624	627		permittee's residence or the address given for the business in the permit application. No further 10
625	628		notice shall be required. 11
626	629		"§ 18D-306. Allow electronic submission of payments and forms. 12
627	630		(a) The Commission shall make all forms required by the Commission to apply for and 13
628	631		receive a permit available on the Commission's website, and the Commission shall, to the extent 14
629	632		practicable, allow for the electronic submission of these forms. Any form required by the 15
630	633		Commission to apply for and receive a permit that requires a signature may be submitted with an 16
631	634		electronic signature in accordance with Article 40 of Chapter 66 of the General Statutes and 17
632	635		notarized in accordance with Chapter 10B of the General Statutes. 18
633	636		(b) The Commission shall accept electronic payments for any fee required under this 19
634	637		Chapter to receive a permit. For purposes of this subsection, the term "electronic payment" means 20
635	638		payment by charge card, credit card, debit card, or by electronic funds transfer as defined in 21
636	639		G.S. 105-228.90. 22
637	640		(c) The Commission may charge a fee to be used to cover costs incurred by the 23
638	641		Commission in processing forms electronically and accepting payments electronically. The fee 24
639	642		authorized under this subsection may not exceed five dollars ($5.00). 25
640	643		"§ 18D-307. Permits issued pursuant to this Chapter and ABC permits. 26
641	644		(a) Applications for permits issued pursuant to this Chapter may be filed simultaneously 27
642	645		or in conjunction with applications for ABC permits under Chapter 18B of the General Statutes 28
643	646		and may be combined by the Commission in a single application. 29
644	647		(b) The Commission may use, rely upon, or incorporate by reference any information an 30
645	648		applicant for a permit under this Chapter has submitted in conjunction with an ABC permit issued 31
646	649		pursuant to Chapter 18B of the General Statutes. 32
647	650		"Article 4. 33
648	651		"Retail Activities. 34
649	652		"§ 18D-400. Responsibilities of permittee. 35
650	653		(a) For purposes of this Chapter, a retail seller permittee shall be responsible for the entire 36
651	654		premises for which the permit is issued. The permittee shall keep the premises clean, well-lighted, 37
652	655		and orderly. 38
653	656		(b) For purposes of this Chapter, a permittee shall be responsible for the actions of all 39
654	657		employees of the business for which the permit is issued. 40
655	658		(c) A permittee shall not knowingly employ in the sale or distribution of hemp-derived 41
656	659		consumable products any person who has been a past permit holder under this Chapter whose 42
657	660		permit had been revoked within the last 18 months and who had been the permit holder at the 43
658	661		location where the person would be employed. 44
659	662		(d) An employee or agent of a retail seller shall demand proof of age from a prospective 45
660	663		purchaser of hemp-derived consumable products before the hemp-derived consumable product 46
661	664		is released to the purchaser, if the person has reasonable grounds to believe that the prospective 47
662	665		purchaser is under 30 years of age. 48
663	666		(e) A delivery seller shall do both of the following: 49
664	667		(1) Perform an age verification through an independent, third-party age 50
665	668		verification service that compares information available from public records 51 General Assembly Of North Carolina Session 2025
666		-	Page 14 ~~House Bill 680-First Edition~~
	669	+	Page 14 DRH10332-MLf-74C
667	670		to the personal information entered by the individual during the ordering 1
668	671		process to establish that the individual ordering the hemp-derived consumable 2
669	672		products is 21 years of age or older. 3
670	673		(2) Use a method of mailing, shipping, or delivery that requires the signature of a 4
671	674		person at least 21 years of age before the hemp-derived consumable product 5
672	675		is released to the purchaser. 6
673	676		(f) Retail sellers of hemp-derived consumable products shall train their employees or 7
674	677		agents in the requirements of this Chapter, to include all of the following: 8
675	678		(1) Which products the retail dealer sells meet the definition of a hemp-derived 9
676	679		consumable product. 10
677	680		(2) The age requirements for purchasing hemp-derived consumable products. 11
678	681		(3) Acceptable forms of identification. 12
679	682		(4) Methods to detect fake, altered, and imposter forms of identification. 13
680	683		(5) Penalties for sales to underage persons. 14
681	684		(6) Methods of identifying potentially underage persons and to prevent underage 15
682	685		sales. 16
683	686		(g) Retail dealers shall prominently display to the ultimate consumer the following 17
684	687		statement: "N.C. LAW STRICTLY PROHIBITS THE PURCHASE OF HEMP-DERIVED 18
685	688		CONSUMABLE PRODUCTS BY PERSONS UNDER THE AGE OF 21. PROOF OF AGE 19
686	689		REQUIRED." as follows: 20
687	690		(1) Retail sellers shall prominently display this required statement near the point 21
688	691		of sale on a sign with letters at least 5/8 of an inch high. 22
689	692		(2) Delivery sellers shall prominently display this required statement on any 23
690	693		advertisement, the internet, or other online service or application a customer 24
691	694		may use to submit an order and on all invoices or receipts for hemp-derived 25
692	695		consumable products delivered by mail or a delivery service. 26
693	696		"§ 18D-401. Conduct on licensed premises. 27
694	697		(a) It shall be unlawful for a permittee or the permittee's agent or employee to knowingly 28
695	698		allow any of the following kinds of conduct to occur on the licensed premises: 29
696	699		(1) Any violation of this Chapter. 30
697	700		(2) Any fighting or other disorderly conduct that can be prevented without undue 31
698	701		danger to the permittee, the permittee's employees, or patrons. 32
699	702		(3) Any violation of the controlled substances, gambling, or prostitution statutes, 33
700	703		or any other unlawful acts. 34
701	704		(b) It shall be unlawful for a permittee to fail to superintend in person or through a 35
702	705		manager the business for which a permit is issued. 36
703	706		"§ 18D-402. Miscellaneous hemp-derived consumable product sales provisions. 37
704	707		(a) A permittee shall not sell hemp-derived consumable products through displays 38
705	708		accessible to the public without the assistance of a permittee's employee or agent other than in 39
706	709		an establishment open only to persons 21 years of age and older. 40
707	710		(b) It shall be unlawful for any person to do any of the following: 41
708	711		(1) Produce or possess any false or facsimile permit, or for a permittee to display 42
709	712		any false or facsimile permit on the person's licensed premises. 43
710	713		(2) Refuse to surrender any permit to the Commission upon lawful demand of the 44
711	714		Commission or its agents. 45
712	715		(3) Offer hemp-derived consumable products for sale in a vending machine. 46
713	716		(4) Distribute hemp-derived consumable products not approved or authorized by 47
714	717		the federal Food and Drug Administration. 48
715	718		(5) Sell hemp-derived consumable products other than in the manufacturer's or 49
716	719		importer's original, sealed, and unopened packaging that complies with all 50
717	720		federal labeling requirements. 51 General Assembly Of North Carolina Session 2025
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	721	+	DRH10332-MLf-74C Page 15
719	722		(6) Distribute or cause to be distributed samples of hemp-derived consumable 1
720	723		products. 2
721	724		"Article 5. 3
722	725		"Hemp-Derived Consumable Product Sales to Underage Persons. 4
723	726		"§ 18D-500. Sales to persons under the age of 21. 5
724	727		If any person shall sell, aid, assist, or abet any other person in selling hemp-derived 6
725	728		consumable products to any person under the age of 21 years, or if any person shall purchase 7
726	729		hemp-derived consumable products on behalf of a person under the age of 21 years, the person 8
727	730		shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be unlawful to sell 9
728	731		hemp-derived consumable products to an employee or agent of a permittee under the age of 21 10
729	732		years when possession of the hemp-derived consumable product is required pursuant to a permit 11
730	733		in the performance of that person's duties of employment or contract. 12
731	734		"§ 18D-501. Purchase by persons under the age of 21. 13
732	735		(a) Except as provided in subsection (b) of this section, if any person under the age of 21 14
733	736		years purchases or accepts receipt, or attempts to purchase or accept receipt, of hemp-derived 15
734	737		consumable products, the person shall commit an infraction. The person shall not be required to 16
735	738		pay any fine or court costs. 17
736	739		(b) If a person under the age of 21 presents or offers to any person any purported proof 18
737	740		of age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing or 19
738	741		receiving any hemp-derived consumable product, the person shall be guilty of a Class 2 20
739	742		misdemeanor. 21
740	743		(c) It shall not be unlawful for an employee or agent of a permittee under the age of 21 22
741	744		years to accept receipt of, sell, transport, possess, or dispense hemp-derived consumable products 23
742	745		when required pursuant to a permit in the performance of that person's duties of employment or 24
743	746		contract, if the employment of the person for that purpose is lawful under applicable youth 25
744	747		employment statutes and Commission rules. 26
745	748		"§ 18D-502. Aiding or abetting a person under the age of 21 to purchase or receive 27
746	749		hemp-derived consumable products. 28
747	750		(a) If any person less than 21 years of age shall send a person less than 21 years of age to 29
748	751		purchase, acquire, receive, or attempt to purchase, acquire, or receive hemp-derived consumable 30
749	752		products or if any person less than 21 years of age shall aid or abet a person who is less than 21 31
750	753		years of age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive 32
751	754		hemp-derived consumable products, the person shall commit an infraction. The person shall not 33
752	755		be required to pay any fine or court costs. 34
753	756		(b) If any person 21 years of age or older shall send a person less than 21 years of age to 35
754	757		purchase, acquire, receive, or attempt to purchase, acquire, or receive hemp-derived consumable 36
755	758		products, or if any person 21 years of age or older shall aid or abet a person who is less than 21 37
756	759		years of age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive 38
757	760		hemp-derived consumable products, the person shall be guilty of a Class 2 misdemeanor. 39
758	761		"§ 18D-503. Exceptions to violations of G.S. 18D-501 and G.S. 18D-502. 40
759	762		Notwithstanding G.S. 18D-501 and G.S. 18D-502, a person under the age of 21 may lawfully 41
760	763		be enlisted by any of the following: 42
761	764		(1) Law enforcement, including the Division of Alcohol Law Enforcement, to test 43
762	765		compliance if the testing is under the direct supervision of that law 44
763	766		enforcement department and written parental consent is provided. 45
764	767		(2) The Department of Health and Human Services, pursuant to a written plan 46
765	768		prepared by the Secretary of Health and Human Services, to use persons under 47
766	769		21 years of age in annual, random, unannounced inspections, provided that 48
767	770		prior written parental consent is given for the involvement of these persons 49
768	771		and that the inspections are conducted for the sole purpose of preparing a 50
769	772		scientifically and methodologically valid statistical study of the extent of 51 General Assembly Of North Carolina Session 2025
770		-	Page 16 ~~House Bill 680-First Edition~~
	773	+	Page 16 DRH10332-MLf-74C
771	774		success the State has achieved in reducing the availability of hemp-derived 1
772	775		consumable products to persons under the age of 21, and preparing any report 2
773	776		to the extent required by section 1926 of the federal Public Health Service Act 3
774	777		(42 U.S.C. § 300x-26). 4
775	778		(3) A research program affiliated with an accredited community college, college, 5
776	779		or university located in this State to test compliance as part of a scientific 6
777	780		research study to further efforts in underage hemp-derived consumable 7
778	781		product use prevention, provided that prior written parental consent is given 8
779	782		for persons under 18 years of age. The scientific research study must be 9
780	783		approved by an institutional review board with jurisdiction to review the study 10
781	784		and must comply with 45 C.F.R. § 46. The ALE Division and the Department 11
782	785		of Health and Human Services shall be provided a copy of the study protocol 12
783	786		30 calendar days before it is presented to the institutional review board and 13
784	787		given an opportunity to provide comments regarding the proposed research 14
785	788		protocol to the research investigators. The research investigators shall provide 15
786	789		any comments received from the ALE Division and the Department of Health 16
787	790		and Human Services to the institutional review board for review prior to the 17
788	791		rendering of a decision on the scientific research study application. A person 18
789	792		shall not be guilty of a violation of this Article when the act in question arises 19
790	793		as part of a test of compliance in a scientific research study pursuant to this 20
791	794		subdivision. A permittee shall not be in violation of this Article or subject to 21
792	795		any administrative penalty when the act in question arises as part of a test of 22
793	796		compliance in a scientific research study pursuant to this subdivision. 23
794	797		"§ 18D-504. Defense to underage sale. 24
795	798		It shall be a defense to a violation of G.S. 18D-500 if the seller does any of the following: 25
796	799		(1) Shows that the purchaser produced a drivers license, a special identification 26
797	800		card issued under G.S. 20-37.7 or issued by the state agency of any other state 27
798	801		authorized to issue similar official state special identification cards for that 28
799	802		state, a military identification card, or a passport, showing the person's age to 29
800	803		be at least the required age for purchase and bearing a physical description of 30
801	804		the person named on the card reasonably describing the purchaser. 31
802	805		(2) Produces evidence of other facts that reasonably indicated at the time of sale 32
803	806		that the purchaser was at least the required age. 33
804	807		(3) Shows that at the time of purchase, the purchaser utilized a biometric 34
805	808		identification system that demonstrated (i) the purchaser's age to be at least 35
806	809		the required age for the purchase and (ii) the purchaser had previously 36
807	810		registered with the seller or seller's agent a drivers license, a special 37
808	811		identification card issued under G.S. 20-37.7 or issued by the state agency of 38
809	812		any other state authorized to issue similar official state special identification 39
810	813		cards for that state, a military identification card, or a passport showing the 40
811	814		purchaser's date of birth and bearing a physical description of the person 41
812	815		named on the document. 42
813	816		"§ 18D-505. Deferred prosecution or conditional discharge. 43
814	817		Notwithstanding G.S. 15A-1341(a1) or G.S. 15A-1341(a4), any person charged with a 44
815	818		misdemeanor under this Article shall be qualified for deferred prosecution or a conditional 45
816	819		discharge pursuant to Article 82 of Chapter 15A of the General Statutes provided the defendant 46
817	820		has not previously been placed on probation for a violation of this Article and so states under 47
818	821		oath. 48
819	822		"Article 6. 49
820	823		"Miscellaneous. 50
821	824		"§ 18D-600. Restitution. 51 General Assembly Of North Carolina Session 2025
822		-	~~House Bill 680-First Edition~~ Page 17
	825	+	DRH10332-MLf-74C Page 17
823	826		When a person is convicted of a violation of the hemp-derived consumable product retail 1
824	827		sales laws, the court may order the person to make restitution to any law enforcement agency for 2
825	828		reasonable expenditures made in purchasing hemp-derived consumable products from the person 3
826	829		or the person's agent as part of an investigation leading to the person's conviction. 4
827	830		"§ 18D-601. Criminal penalty. 5
828	831		Unless a different punishment is otherwise expressly stated, any person who violates any 6
829	832		provisions of this Chapter shall be guilty of a Class 1 misdemeanor. In addition, the court may 7
830	833		impose the provisions of G.S. 18D-201, 18D-202, and 18D-600." 8
831	834		SECTION 2. G.S. 18B-500(b) reads as rewritten: 9
832	835		"(b) Subject Matter Jurisdiction. – After taking the oath prescribed for a peace officer, an 10
833	836		alcohol law-enforcement agent shall have authority to arrest and take other investigatory and 11
834	837		enforcement actions for any criminal offense: 12
835	838		(1) Occurring, encountered, or otherwise discovered on the premises of, or 13
836	839		elsewhere when the conduct relates to, a location under application for or 14
837	840		holding a permit issued by the North Carolina Alcoholic Beverage Control 15
838	841		Commission or the North Carolina Education Lottery Commission. 16
839	842		(1a) Occurring, encountered, or otherwise discovered on the premises of, or 17
840	843		elsewhere when the conduct relates to, a location holding a permit issued 18
841	844		pursuant to Chapter 18D of the General Statutes. 19
842	845		(2) Encountered or otherwise discovered while investigating or enforcing matters 20
843	846		for the North Carolina Alcoholic Beverage Control Commission or the North 21
844	847		Carolina Education Lottery Commission or encountered or otherwise 22
845	848		discovered while investigating or enforcing the provisions of this Chapter, 23
846	849		Chapter 18C of the General Statutes, Chapter 18D of the General Statutes, 24
847	850		Article 5 of Chapter 90 of the General Statutes, G.S. 14-313, or Parts 1 and 2 25
848	851		of Article 37 of Chapter 14 of the General Statutes. 26
849	852		(3) Encountered or otherwise discovered while carrying out any duty or function 27
850	853		assigned to the Division by law. 28
851	854		(4) Occurring in an agent's presence. 29
852	855		(5) When assisting another law enforcement agency." 30
853	856		SECTION 3. G.S. 15A-145 reads as rewritten: 31
854	857		"§ 15A-145. Expunction of records for first offenders under the age of 18 at the time of 32
855	858		conviction of misdemeanor; expunction of certain other misdemeanors. 33
856	859		(a) Whenever any person who has not previously been convicted of any felony, or 34
857	860		misdemeanor other than a traffic violation, under the laws of the United States, the laws of this 35
858	861		State or any other state, (i) pleads guilty to or is guilty of a misdemeanor other than a traffic 36
859	862		violation, and the offense was committed before the person attained the age of 18 years, or (ii) 37
860	863		pleads guilty to or is guilty of a misdemeanor possession of alcohol pursuant to 38
861	864		G.S. 18B-302(b)(1), or the offense of the sale of a hemp-derived consumable product to a person 39
862	865		under the age of 21 years pursuant to G.S. 18D-500, and the offense was committed before the 40
863	866		person attained the age of 21 years, he the person may file a petition in the court of the county 41
864	867		where he the person was convicted for expunction of the misdemeanor from his the person's 42
865	868		criminal record. The petition cannot be filed earlier than: (i) two years after the date of the 43
866	869		conviction, or (ii) the completion of any period of probation, whichever occurs later, and the 44
867	870		petition shall contain, but not be limited to, the following: 45
868	871		(1) An affidavit by the petitioner that he the petitioner has been of good behavior 46
869	872		for the two-year period since the date of conviction of the misdemeanor in 47
870	873		question and has not been convicted of any felony, or misdemeanor other than 48
871	874		a traffic violation, under the laws of the United States or the laws of this State 49
872	875		or any other state. 50 General Assembly Of North Carolina Session 2025
873		-	Page 18 ~~House Bill 680-First Edition~~
	876	+	Page 18 DRH10332-MLf-74C
874	877		(2) Verified affidavits of two persons who are not related to the petitioner or to 1
875	878		each other by blood or marriage, that they know the character and reputation 2
876	879		of the petitioner in the community in which he the petitioner lives and that his 3
877	880		the petitioner's character and reputation are good. 4
878	881		(3) A statement that the petition is a motion in the cause in the case wherein the 5
879	882		petitioner was convicted. 6
880	883		(4) Repealed by Session Laws 2010-174, s. 2, effective October 1, 2010, and 7
881	884		applicable to petitions for expunctions filed on or after that date. 8
882	885		(4a) An application on a form approved by the Administrative Office of the Courts 9
883	886		requesting and authorizing a name-based State and national criminal record 10
884	887		check by the State Bureau of Investigation using any information required by 11
885	888		the Administrative Office of the Courts to identify the individual and a search 12
886	889		of the confidential record of expunctions maintained by the Administrative 13
887	890		Office of the Courts. The application shall be filed with the clerk of superior 14
888	891		court. The clerk of superior court shall forward the application to the State 15
889	892		Bureau of Investigation and to the Administrative Office of the Courts, which 16
890	893		shall conduct the searches and report their findings to the court. 17
891	894		(5) An affidavit by the petitioner that no restitution orders or civil judgments 18
892	895		representing amounts ordered for restitution entered against him the petitioner 19
893	896		are outstanding. 20
894	897		The petition shall be served upon the district attorney of the court wherein the case was tried 21
895	898		resulting in conviction. The district attorney shall have 10 days thereafter in which to file any 22
896	899		objection thereto and shall be duly notified as to the date of the hearing of the petition. 23
897	900		The judge to whom the petition is presented is authorized to call upon a probation officer for 24
898	901		any additional investigation or verification of the petitioner's conduct during the two-year period 25
899	902		that he the judge deems desirable. 26
900	903		… 27
901	904		(b) If the court, after hearing, finds that the petitioner had remained of good behavior and 28
902	905		been free of conviction of any felony or misdemeanor, other than a traffic violation, for two years 29
903	906		from the date of conviction of the misdemeanor in question, the petitioner has no outstanding 30
904	907		restitution orders or civil judgments representing amounts ordered for restitution entered against 31
905	908		him, and (i) petitioner was not 18 years old at the time of the offense in question, or (ii) petitioner 32
906	909		was not 21 years old at the time of the offense of possession of alcohol pursuant to 33
907	910		G.S. 18B-302(b)(1), or the offense of the sale of a hemp-derived consumable product to a person 34
908	911		under the age of 21 years pursuant to G.S. 18D-500, it shall order that such person the petitioner 35
909	912		be restored, in the contemplation of the law, to the status he the petitioner occupied before such 36
910	913		arrest or indictment or information. 37
911	914		(b1) No person as to whom such order has been entered shall be held thereafter under any 38
912	915		provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of 39
913	916		his the person's failure to recite or acknowledge such arrest, or indictment, information, or trial, 40
914	917		or response to any inquiry made of him the person for any purpose. This subsection shall not 41
915	918		apply to a sentencing hearing when the person has been convicted of a subsequent criminal 42
916	919		offense. 43
917	920		…." 44
918	921		SECTION 4. G.S. 15A-150(a)(6) reads as rewritten: 45
919	922		"(6) Persons granted a dismissal upon completion of a conditional discharge under 46
920	923		G.S. 14-50.29, 14-204, 14-277.8, 14-313(f), 15A-1341(a4), 18D-505, 90-96, 47
921	924		or 90-113.14." 48
922	925		SECTION 5. G.S. 18B-203(a) reads as rewritten: 49
923	926		"§ 18B-203. Powers and duties of the Commission. 50
924	927		(a) Powers. – The Commission shall have authority to:to do all of the following: 51 General Assembly Of North Carolina Session 2025
925		-	~~House Bill 680-First Edition~~ Page 19
	928	+	DRH10332-MLf-74C Page 19
926	929		(1) Administer the ABC laws;laws. 1
927	930		(2) Provide for enforcement of the ABC laws, in conjunction with the ALE 2
928	931		Division;Division. 3
929	932		(2a) Provide for the enforcement of the hemp-derived consumable product retail 4
930	933		sales laws as set forth in Chapter 18D of the General Statutes, in conjunction 5
931	934		with the ALE Division. 6
932	935		(3) Set the prices of alcoholic beverages sold in local ABC stores as provided in 7
933	936		Article 8;8. 8
934	937		(4) Require reports and audits from local boards as provided in 9
935	938		G.S. 18B-205;G.S. 18B-205. 10
936	939		(5) Determine what brands of alcoholic beverages may be sold in this State;State. 11
937	940		(6) Contract for State ABC warehousing, as provided in 12
938	941		G.S. 18B-204;G.S. 18B-204. 13
939	942		(7) Dispose of damaged alcoholic beverages, as provided in 14
940	943		G.S. 18B-806;G.S. 18B-806. 15
941	944		(8) Remove for cause any member or employee of a local board;board. 16
942	945		(9) Supervise or disapprove purchasing by any local board and inspect all records 17
943	946		of purchases by local boards;boards. 18
944	947		(10) Approve or disapprove rules adopted by any local board;board. 19
945	948		(11) Approve or disapprove the opening and location of ABC stores, as provided 20
946	949		in Article 8;8. 21
947	950		(12) Issue ABC permits, and impose sanctions against permittees;permittees. 22
948	951		(12a) Issue permits and impose sanctions against permittees as set forth in Chapter 23
949	952		18D of the General Statutes. 24
950	953		(13) Provide for the testing of alcoholic beverages, as provided in 25
951	954		G.S. 18B-206;G.S. 18B-206. 26
952	955		(14) Fix the amount of bailment charges and bailment surcharges to be assessed on 27
953	956		liquor shipped from a Commission warehouse;warehouse. 28
954	957		(15) Collect bailment charges and bailment surcharges from local boards;boards. 29
955	958		(16) Notwithstanding any law to the contrary, enter into contracts for design and 30
956	959		construction of a warehouse or warehouses and supervise work and materials 31
957	960		used in the construction, as provided in G.S. 18B-204;G.S. 18B-204. 32
958	961		… 33
959	962		(18) Provide for the distribution and posting of warning signs to local ABC boards 34
960	963		regarding the dangers of alcohol consumption during pregnancy as required 35
961	964		under G.S. 18B-808;G.S. 18B-808. 36
962	965		…." 37
963	966		SECTION 6. Article 9 of Chapter 18B of the General Statutes is amended by adding 38
964	967		a new section to read: 39
965	968		"§ 18B-908. ABC permits and hemp-derived consumable product sales permits. 40
966	969		(a) Applications for permits under this Chapter may be filed simultaneously or in 41
967	970		conjunction with applications for permits under Chapter 18D of the General Statutes and may be 42
968	971		combined by the Commission in a single application. 43
969	972		(b) The Commission may use, rely upon, or incorporate by reference any information an 44
970	973		applicant for a permit under this Chapter has submitted in conjunction with a permit issued 45
971	974		pursuant to Chapter 18D of the General Statutes." 46
972	975		SECTION 7. Effective March 1, 2026, the ABC Commission may issue permits as 47
973	976		authorized by Section 1 of this act effective for the period of May 1, 2026, through April 30, 48
974	977		2027. 49 General Assembly Of North Carolina Session 2025
975		-	Page 20 ~~House Bill 680-First Edition~~
	978	+	Page 20 DRH10332-MLf-74C
976	979		SECTION 8. Prosecutions for offenses committed before the effective date of this 1
977	980		act are not abated or affected by this act, and the statutes that would be applicable but for this act 2
978	981		remain applicable to those prosecutions. 3
979	982		SECTION 9. This act becomes effective upon appropriation by the General 4
980	983		Assembly of funds for the implementation of this act. G.S. 18D-100, 18D-101, 18D-104, 5
981	984		18D-300 through 18D-302, and 18D-304 through 18D-307, as enacted by Section 1 of this act, 6
982	985		apply to permits effective on or after May 1, 2026. The remainder of Sections 1 through 6 of this 7
983	986		act applies to offenses committed on or after May 1, 2026. 8