The hemp industry in North Carolina has reached a critical crossroads. For years, advocates, farmers, and small business owners have championed responsible regulations that protect consumers while supporting local agriculture and a multi-billion dollar economic impact.

However, lawmakers are currently debating two very different approaches to regulating the market: Senate Bill 328 (SB 328) and House Bill 328 (HB 328). While one seeks to establish common-sense age restrictions, the other is an outright ban masquerading as regulation. Here is what you need to know about the differences between the two, and why we need to take action to stop HB 328.

SB 328: Common-Sense Age Restrictions

Senate Bill 328 is straightforwardly titled “Age 21 Hemp-Derived Consumables”. The primary function of this legislation is to implement a minimum purchase age of 21 for hemp-derived products, establishing a baseline of protection to keep these items out of the hands of minors.

For the most part, the hemp industry supports age restrictions, product transparency, independent laboratory testing, and child-resistant packaging. These are protections that build consumer trust and create a safer marketplace without destroying small businesses.

HB 328: A Prohibition Threshold

While it is misleadingly titled “Regulate Hemp-Derived Consumables,” House Bill 328 goes far beyond basic regulation. A Senate-approved conference report for HB 328 would introduce sweeping and devastating changes to the state’s hemp industry:

• The 0.4 mg Total THC Cap: HB 328 would impose a strict limit of 0.4 milligrams of total THC per retail container. This applies to the entire innermost package in direct contact with the product, not just a single serving size.

• Banning Non-Intoxicating Products: Because the limit applies to the entire container, even a completely non-intoxicating, full-spectrum CBD tincture, capsule bottle, or package of gummies could exceed the 0.4 mg total THC limit.

• Wiping Out the Market: This restriction would remove most THC beverages, gummies, vapes, delta-8 products, and THCA flower from the legal market in North Carolina. Furthermore, the bill excludes synthetic or chemically converted cannabinoids entirely.

• Severe Penalties: Any product exceeding this limit would be classified as a “prohibited finished hemp-derived consumable product” and become a Schedule VI controlled substance. The bill introduces massive penalties, with fines for selling to a person under 21 starting at $10,000 and reaching up to $50,000 for a third violation.

Ultimately, HB 328 is not designed to create a workable licensing system for responsible businesses. Instead, it threatens over 2,100 hemp businesses, more than 16,000 North Carolina jobs, and approximately $4.4 billion in economic activity.

The Call to Action: Stop HB 328

On July 2, 2026, the North Carolina Senate adopted the conference report for HB 328 with a 37-6 vote. However, the North Carolina House adjourned without taking up the measure. This means that the bill is currently stalled and is not yet law.

Because it is a conference report, the House cannot amend the bill on the floor; they must simply choose to either adopt it or reject it. This is our window of opportunity.

Anyone who manufactures, distributes, sells, purchases, or believes in the therapeutic benefits of hemp products needs to act immediately. Contact your representative in the North Carolina House and deliver a clear, urgent message: Vote NO on the HB 328 conference report. Tell them to reject prohibition and return to a genuine regulatory framework based on age limits, testing, and lawful adult access.