North Carolina HB 328 Explained: What the Hemp Bill Would Change for THC, CBD and Age Limits

Last updated: October 17, 2026 · Checked against the HB 328 conference report text and the General Assembly's adjournment resolution. We'll update this page when the NC House acts.

HB 328 at a Glance: Current NC Law vs. the Bill

The bill also covers two non-hemp items: it would make 21 the minimum age to buy or possess kratom products and ban synthetic kratom, and it would add xylazine, an animal sedative, to the state's Schedule III. This version does not create a state license or permit for hemp retailers.

HB 328's THC Rules: Matching, Then Locking In, the Federal Standard

The bill says its goal is to make North Carolina's hemp standard conform in substance to the federal change in Public Law 119-37. Its THC rules mirror the federal law closely: a total THC test, a 0.4 mg per-container cap measured at the innermost package, and an exclusion for converted cannabinoids. For how the 0.4 mg figure plays out in real products, see our 0.4 mg THC per container guide.

There are two important differences from federal law:

1. It doesn't follow federal changes. The bill states that North Carolina's standard should stay in force "notwithstanding any subsequent federal action." If Congress delays, loosens or replaces the federal ban, the NC limits would still apply unless the legislature passed a new law.
2. Its date is earlier. The bill's new hemp definition and Schedule VI listing are dated November 12, 2026, the original federal deadline. Congress has since moved most of the federal change to December 11.

That second point matters for THCA flower and Delta-8. Under the bill as written, both would lose state hemp status on the November 12 date, not December 11. Read more in our guides on THCA flower after December 11 and whether Delta-8 is being banned on November 12.

HB 328's Age-21 Rule Covers CBD Too

The age limit is broader than many people expect. It applies to hemp-derived consumables containing "any concentration of any hemp-derived cannabinoid," which includes CBD. Topical products and hemp seed ingredients the FDA generally recognizes as safe are excluded.

• Knowingly selling or delivering these products to anyone under 21 would be illegal.
• Possession by anyone under 21 would be illegal too.
• Sellers would have to ask for proof of age when there's reason to think a buyer is under 21.

Triangle Hemp Wellness already sells to adults 21 and over only, so the age rule wouldn't change who can shop with us.

HB 328 Penalties

Because over-limit products would be listed in Schedule VI, selling or possessing them would also fall under North Carolina's controlled substances law, the same schedule that covers marijuana. The Attorney General or a local district attorney could sue to collect the civil penalties.

HB 328 Effective Dates

These dates were written before the House delayed its vote. The July 15 date has already passed, and November 12 could pass before the House acts. Exactly how those provisions would apply if the bill is enacted later isn't spelled out in plain terms, so expect lawmakers and regulators to clarify.

Where HB 328 Stands and What Happens Next

1. Started small. HB 328 began as a narrow bill about hemp products on school property, before lawmakers rewrote it into a broad hemp regulation bill.
2. July 2, 2026: Senate passes it. The Senate adopted the conference report 37-6. The House delayed action, with Speaker Destin Hall saying members needed time to review it.
3. August 4, 2026: House holds off. After hundreds of hemp business owners and employees rallied at the legislature, the House didn't vote. Hall said it wouldn't get a vote until after the November election and that he planned to have a small group study the issue.
4. Remaining chances. The legislature's adjournment resolution lets conference reports like this one be adopted when lawmakers reconvene on October 26, November 16 and November 30. The session ends December 18, 2026.
5. Up-or-down vote. As a conference report, HB 328 can't be amended on the House floor. The House can adopt it or not.
6. The governor. If the House adopts it, the bill goes to Gov. Josh Stein. Stein has criticized the bill's age protections, saying "they don't have real age gating in this bill," and has said he's made suggestions on what he would want in a bill to sign it.

Who Supports HB 328 and Who Opposes It

Supporters include Senate leader Phil Berger and law enforcement groups. Berger said, "We have gotten to such a point where doing nothing was not an option." Sheriffs, police chiefs and prosecutors have urged the House to pass the bill, arguing that intoxicating hemp products are too easy for young people to get.

Opponents include hemp businesses and their employees, who say the 0.4 mg cap amounts to a ban on nearly all current products. Industry advocates put North Carolina's hemp industry at about $4 billion and 16,000 jobs, and have asked lawmakers for age limits, testing and packaging rules instead of prohibition.

For how the separate federal ban fits in, see our federal hemp ban 2026 guide.

NC HB 328 FAQs

1. What is HB 328 in North Carolina?

HB 328, "Regulate Hemp-Derived Consumables," is a state bill that would set 21 as the minimum age for hemp consumables and kratom, switch NC to a total THC standard, and list finished hemp products over 0.4 mg of total THC per container as Schedule VI controlled substances.

2. Has HB 328 passed?

Not yet. The NC Senate passed it 37-6 on July 2, 2026, but the House hasn't voted. The House can still adopt it when lawmakers reconvene on October 26, November 16 or November 30, 2026, before the session ends December 18.

3. Would HB 328 ban Delta-8 and THCA in North Carolina?

Effectively, yes, if it becomes law as written. It excludes chemically converted cannabinoids like Delta-8 from hemp, counts THCA in total THC, and makes finished products over 0.4 mg of total THC per container Schedule VI controlled substances.

4. Does HB 328 set a minimum age for CBD?

Yes. The age-21 rule covers hemp-derived consumables with any concentration of any hemp-derived cannabinoid, which includes CBD. Topical products and FDA-recognized hemp seed ingredients are excluded.

5. What happens to HB 328 if Congress changes the federal hemp ban?

Under the bill as written, nothing. It says North Carolina's standard should remain in effect notwithstanding any subsequent federal action, so the state limits would stay unless the General Assembly passed a new law.

6. What are the penalties under HB 328?

Violating the under-21 rules is a Class 2 misdemeanor. Civil penalties for selling to under-21 buyers start at $2,500 for standard products and $10,000 for over-limit products, rising with repeat violations. Over-limit products would also be state controlled substances.

7. Does HB 328 affect kratom?

Yes. It would make it illegal to sell kratom products to anyone under 21 or for anyone under 21 to possess them, and it would ban synthetic kratom products outright. Violations would be Class 2 misdemeanors.

8. Is hemp still legal in North Carolina while HB 328 is pending?

Yes. As of October 2026, NC law still defines hemp as 0.3% delta-9 THC by dry weight, and HB 328 isn't law. The separate federal changes still apply in North Carolina, with most taking effect December 11, 2026.