North Carolina 2025-2026 Regular Session

North Carolina House Bill H802 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 802
	3	+	H D
	4	+	HOUSE BILL DRH40440-NH-154
	5	+
5	6
6	7
7	8		Short Title: Nicotine & Vaping Prevention in Schools. (Public)
8		-	Sponsors: Representatives Rubin, Lambeth, White, and Cervania (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 8, 2025
12		-	H802 -v-1
	9	+	Sponsors: Representative Rubin.
	10	+	Referred to:
	11	+
	12	+	DRH40440 -NH-154
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO REQUIRE SCHOOLS TO PROVIDE EVIDENCE -BASED NICOTINE, HEMP, 2
15	15		AND VAPOR PRODUCT USE MATERIALS AND TO DIRECT DISCIPLINARY 3
16	16		REPERCUSSIONS FOR STUDENT S FOUND VAPING. 4
17	17		The General Assembly of North Carolina enacts: 5
18	18		SECTION 1.(a) Article 29A of Chapter 115C of the General Statutes is amended by 6
19	19		adding a new section to read: 7
20	20		"§ 115C-407.1. Definitions. 8
21	21		For the purposes of this Article, the following definitions apply: 9
22	22		(1) Hemp product. – Products derived from hemp, as defined in G.S. 90-87, and 10
23	23		their synthetic counterparts that are designed, manufactured, or sold to be 11
24	24		inhaled or otherwise consumed, including the substances commonly known 12
25	25		as "delta-8," "delta-9," and "CBD." 13
26	26		(2) Nicotine product. – Includes any of the following: 14
27	27		a. Tobacco product. – Any product that contains tobacco and is intended 15
28	28		for human consumption. For purposes of this section, the term includes 16
29	29		an alternative nicotine product, vapor product, consumable product, or 17
30	30		components of a vapor product. 18
31	31		b. Alternative nicotine product. – Any noncombustible product that 19
32	32		contains nicotine, whether natural or synthetic, but does not contain 20
33	33		tobacco and is intended for human consumption whether chewed, 21
34	34		absorbed, dissolved, ingested, or by other means. This term does not 22
35	35		include a vapor product or any product regulated by the United States 23
36	36		Food and Drug Administration under Chapter V of the Federal Food, 24
37	37		Drug, and Cosmetic Act. 25
38	38		(3) Vapor product. – Any noncombustible product that employs a mechanical 26
39	39		heating element, battery, or electronic circuit regardless of shape or size and 27
40	40		that can be used to heat a consumable product. The term includes an electronic 28
41	41		cigarette, electronic cigar, electronic cigarillo, and electronic pipe. The term 29
42	42		does not include any product regulated by the United States Food and Drug 30
43	43		Administration under Chapter V of the Federal Food, Drug, and Cosmetic 31
44	44		Act." 32
45	45		SECTION 1.(b) G.S. 115C-407 reads as rewritten: 33
46	46		"§ 115C-407. Policy prohibiting tobacco nicotine, hemp, and vapor product use in school 34
47		-	buildings, grounds, and at school-sponsored events. 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 802-First Edition
	47	+	buildings, grounds, and at school-sponsored events. 35
	48	+	H.B. 802
	49	+	Apr 7, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH40440-NH-154
49	52		(a) Not later than August 1, 2008, local boards of education Governing bodies of public 1
50	53		school units shall adopt, implement, and enforce adopt a written policy prohibiting at all times 2
51	54		the use of any tobacco nicotine, hemp, and vapor product by any person in school buildings, in 3
52	55		school facilities, on school campuses, and in or on any other school property owned or operated 4
53	56		by the local school administrative public school unit. The policy shall further prohibit the use of 5
54	57		all tobacco nicotine, hemp, and vapor products by persons attending a school-sponsored event at 6
55	58		a location not listed in this subsection when in the presence of students or school personnel or in 7
56	59		an area where smoking is otherwise prohibited by law. 8
57	60		(b) The policy shall include at least all of the following elements: 9
58	61		(1) Adequate notice to students, parents, the public, and school personnel of the 10
59	62		policy. 11
60	63		(2) Posting of signs prohibiting at all times the use of tobacco nicotine, hemp, and 12
61	64		vapor products by any person in and on school property. 13
62	65		(3) Requirements that school personnel enforce the policy. 14
63	66		(c) The policy may permit tobacco nicotine, hemp, and vapor products to be included in 15
64	67		instructional or research activities in public school buildings if the activity is conducted or 16
65	68		supervised by the faculty member overseeing the instruction or research and the activity does not 17
66	69		include smoking, chewing, or otherwise ingesting the tobacco nicotine, hemp, or vapor product. 18
67	70		(d) The North Carolina Health and Wellness Trust Fund Commission Department of 19
68	71		Health and Human Services shall work with local boards of education governing bodies of public 20
69	72		school units to provide assistance with the implementation of this policy including providing 21
70	73		evidence-based, age-appropriate information regarding smoking nicotine, hemp, and vapor 22
71	74		cessation and use prevention resources. resources to students at the beginning of each school 23
72	75		year. Students shall be able to access evidence-based, age-appropriate nicotine, hemp, and vapor 24
73	76		product cessation and use prevention materials throughout the school year. 25
74	77		(d1) Nothing in this section, G.S. 143-595 through G.S. 143-601, or any other section 26
75	78		prohibits a local board of education governing body of a public school unit from adopting and 27
76	79		enforcing a more restrictive policy on the use of tobacco nicotine, hemp, and vapor products in 28
77	80		school buildings, in school facilities, on school campuses, or at school-related or 29
78	81		school-sponsored events, and in or on other school property. 30
79	82		(e) Any information or resources given or made available to students pursuant to this 31
80	83		section shall be first approved by the Department of Health and Human Services before 32
81	84		distribution. In approving materials pursuant to this section, the Department of Health and 33
82	85		Human Services shall ensure that nicotine, hemp, and vapor product cessation and use prevention 34
83	86		materials are evidence-based and shall identify the ages or grades of students for which the 35
84	87		material is appropriate. A school may request specific material be reviewed for possible approval 36
85	88		by the Department of Health and Human Services." 37
86	89		SECTION 2.(a) Article 27 of Chapter 115C of the General Statutes is amended by 38
87	90		adding a new section to read: 39
88	91		"§ 115C-391.5. Possession of nicotine, hemp, and vapor products. 40
89	92		(a) The Code of Student Conduct developed by the governing body of the public school 41
90	93		unit shall include a policy that if any student under the age of 21 is found in possession of a 42
91	94		nicotine, hemp, or vapor product, as defined in G.S. 115C-407.1, the product shall be confiscated. 43
92	95		The school shall notify the parent or legal guardian of a student who had an item confiscated 44
93	96		pursuant to this section within 24 hours of the confiscation. 45
94	97		(b) For the first offense of being in possession of a nicotine, hemp, or vapor product, the 46
95	98		following actions shall be taken: 47
96	99		(1) A school counselor or other school-based mental health services provider shall 48
97	100		provide to the student and the parent of the student evidence-based, 49
98	101		age-appropriate nicotine, hemp, and vapor product cessation information, 50 General Assembly Of North Carolina Session 2025
99		-	~~House Bill 802-First Edition~~ Page 3
	102	+	DRH40440-NH-154 Page 3
100	103		including age-appropriate cessation services, including materials, information 1
101	104		on programs, or referrals for treatment. 2
102	105		(2) At least one of the following: 3
103	106		a. A student meeting and individual student assessment with a health 4
104	107		educator, school nurse, counselor, or designated staff with parents 5
105	108		and/or guardians to discuss nicotine, hemp, or vapor product use and 6
106	109		school policy. 7
107	110		b. Student participation in an evidence-based, self-paced nicotine, hemp, 8
108	111		and vapor product use education program. 9
109	112		(c) For the second offense of being in possession of a nicotine, hemp, or vapor product, 10
110	113		a school shall follow the provisions of subsection (b) of this section and the school shall take 11
111	114		disciplinary action as outlined in the Code of Student Conduct and school discipline policies. 12
112	115		(d) For a third or subsequent offense of being in possession of a nicotine, hemp, or vapor 13
113	116		product, a school shall follow the provisions of subsection (b) of this section; however, requiring 14
114	117		educational community service shall be an additional option under subdivision (b)(2) of this 15
115	118		section." 16
116	119		SECTION 2.(b) G.S. 115C-12(27) reads as rewritten: 17
117	120		"(27) Reporting Dropout Rates, Corporal Punishment, Suspensions, Expulsions, 18
118	121		Alternative Placements, and Alternative Placements. Possession. – The State 19
119	122		Board shall report by March 15 of each year to the Joint Legislative Education 20
120	123		Oversight Committee on the numbers of students who have dropped out of 21
121	124		school, been subjected to corporal punishment, been suspended, been 22
122	125		expelled, been reassigned for disciplinary purposes, or been provided 23
123	126		alternative education services. services, or been disciplined or provided 24
124	127		medical intervention for a violation of G.S. 115C-391.5. The data shall be 25
125	128		reported in a disaggregated manner, reflecting the local school administrative 26
126	129		unit, race, gender, grade level, ethnicity, and disability status of each affected 27
127	130		student. Such data shall be readily available to the public. The State Board 28
128	131		shall not include students that have been expelled from school when 29
129	132		calculating the dropout rate. The Board shall maintain a separate record of the 30
130	133		number of students who are expelled from school and the reasons for the 31
131	134		expulsion." 32
132	135		SECTION 3. No later than September 15, 2025, the Department of Health and 33
133	136		Human Services shall publish on its website nicotine, hemp, and vapor product awareness 34
134	137		information, including the various types of products containing nicotine or hemp and the health 35
135	138		issues associated with nicotine, hemp, and vapor products. The Department shall also publish 36
136	139		and maintain a list of evidence-based resources for use by public schools to provide nicotine, 37
137	140		hemp, and vapor product cessation and use prevention information and programs. 38
138	141		SECTION 4. This act is effective when it becomes law and applies beginning with 39
139	142		the 2025-2026 school year. 40