📜 HB 328 in North Carolina: what’s in it?
HB 328 (2025–2026 Session)—“Regulate Hemp-Derived Consumables”—creates a framework similar to alcohol/tobacco oversight. Key features from official summaries: North Carolina General Assembly+1
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Licensing & enforcement: Manufacturer, distributor, and seller licensing with enforcement by ALE; escalating civil penalties for violations.
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Testing/COAs: Pre-distribution lab testing; COA ≤ six months old must show ≤0.3% total THC (dry weight) for flower; similar testing for finished goods.
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Age limits: 21+ to purchase/possess hemp-derived consumables.
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School restrictions: Prohibits hemp-derived consumables on school property or in school activities.
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Prohibited products: Bars products exceeding 0.3% total THC (dry weight), non-compliant labeling, or other banned formats; provides limited corrective-action defenses (e.g., batch recall + retesting).
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Penalties: Tiered fines for manufacturers/distributors and for retailers selling non-compliant items.
What HB 328 does not do on its own: It does not legalize marijuana and does not outright ban CBD/CBG/CBN when compliant with testing, packaging, and the 0.3% total THC limit. It mainly regulates how hemp consumables are made, tested, marketed, and sold in NC. dashboard.ncleg.gov
🇺🇸 The new federal crackdown: why everyone is talking about it
Separate from NC’s HB 328, Congress just tightened national rules on intoxicating hemp, targeting the 2018 Farm Bill loophole that let psychoactive “hemp-derived” THC products (Delta-8/-10, high-THC drinks/edibles) flourish. News reports indicate the law keeps the 0.3% dry-weight hemp definition but bans synthesized/intoxicating cannabinoids and applies a very low total-THC cap (e.g., ~0.4 mg) that would render most intoxicating edibles/gummies/drinks non-compliant. Industry sources warn that a large share of current products could disappear without reformulation. Details and agency guidance are pending. The Washington Post+1
Why this matters in NC: Even if HB 328 allowed compliant Delta products under state rules, the federal law preempts and could remove most intoxicating hemp items from the market nationwide once its provisions take effect. The Washington Post
🔍 What this could mean by product type
THCa Flower
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State (HB 328): Allowed when COA shows ≤0.3% total THC (dry weight) and all testing/labeling rules are met. Age-gated 21+. dashboard.ncleg.gov
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Federal: If later federal guidance treats THCa similarly to total THC or sets ultra-low per-serving caps for finished goods, raw flower that tests compliant may still be sold as flower—but infused/pre-packaged intoxicating consumables will be far harder to keep compliant. Watch for COA methodology (total THC vs. Δ9 only) in upcoming rules. The Washington Post
Delta-8 / Delta-10
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State: HB 328 doesn’t expressly “legalize” Delta-8/-10, but regulates hemp-derived consumables; anything exceeding 0.3% total THC or failing compliance is prohibited. dashboard.ncleg.gov
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Federal: These are the primary targets of the national crackdown. Expect major restrictions or effective removal from lawful commerce absent reformulation or a non-intoxicating profile. The Washington Post+1
Hemp-Derived Delta-9 (drinks/edibles)
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State: Permitted if the product remains ≤ 0.3% total THC (dry weight), with COAs and age-gating. (This is how compliant low-dose beverages existed.) dashboard.ncleg.gov
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Federal: Reports indicate the new low milligram cap per serving/package would knock out most beverages/edibles currently sold as “hemp-derived Delta-9.” The Washington Post
HHC / THCP / other semi-synthetic or novel cannabinoids
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State: Must meet HB 328 testing/labeling rules and 21+ sales; any product deemed “prohibited” falls out. dashboard.ncleg.gov
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Federal: These are squarely in the “synthesized/intoxicating” bucket targeted by Congress. High risk of removal from lawful interstate commerce. The Washington Post
CBD, CBG, CBN (non-intoxicating)
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State: Remain lawful when compliant with HB 328’s COA, labeling, and age rules. dashboard.ncleg.gov
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Federal: Some reports suggested non-intoxicating CBD remains permissible, but labeling and trace-THC limits will matter; final agency guidance will clarify. The Washington Post
🗓️ Likely timeline (subject to change)
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Now in NC: Retailers should act as if HB 328-style compliance is the rule—COAs on hand, 21+ age-gating, school restrictions, and no >0.3% total THC products. dashboard.ncleg.gov
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Federal phase-in: Press coverage indicates the new federal law is already enacted with implementation to follow (rulemaking, guidance, and enforcement windows). Expect a lead-time before full effect—use it to adjust inventory and reformulate. The Washington Post
🧪 What enforcement may look like
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COA checks (date, batch match, total THC method).
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Age-verification and retail signage.
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Packaging/marketing reviews (child-appeal, health claims).
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Product pulls for items exceeding total-THC thresholds, lacking COAs, or using synthesized intoxicants.
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Civil penalties escalating with repeat offenses in NC. dashboard.ncleg.gov
🛒 What this means for Hemp & Tea Company customers
We’re committed to safe, transparent, compliant wellness. Here’s how we’re navigating the changes:
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Inventory review & reformulation
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Prioritize non-intoxicating teas, CBD/CBG/CBN, and COA-verified THCa flower within state and federal limits.
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COA clarity
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Every product we keep on shelves will have a recent, scannable COA with total THC clearly reported.
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Age-gating & responsible retailing
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21+ verification for all hemp consumables; clear store and web notices.
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Education first
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Store team training and updated product pages so you always know what’s changing and why.
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Shipping & store availability
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We’ll post real-time availability and state shipping notes as federal guidance lands.
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Looking for non-intoxicating options you can count on? Explore our Loose-Leaf Tea Collection and CBD wellness lineup.
🤔 FAQs we’re hearing right now
Will THCa flower be banned?
As of now, COA-compliant THCa flower (≤0.3% total THC dry weight) remains allowed under HB 328-style rules. Federal rules are aimed chiefly at intoxicating consumables; we’re watching how agencies treat total THC calculations and labeling for raw flower. dashboard.ncleg.gov+1
Are Delta-8/-10 going away?
Most likely yes in their current forms under the new federal regime, unless reformulated to meet very low total-THC caps and avoid synthesized intoxicants. The Washington Post
Is CBD safe?
Non-intoxicating CBD remains widely acceptable, especially when COA-verified and low/trace THC; final federal guidance will set the compliance details. The Washington Post
What about hemp drinks and gummies?
Expect significant changes: many popular items likely won’t meet the new federal per-mg THC limits without reformulation. The Washington Post
✅ How to stay compliant as a consumer
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Check the COA before you buy (date ≤ 6 months, batch match, total THC). dashboard.ncleg.gov
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Buy 21+ products only from trusted retailers.
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Avoid “too-good-to-be-true” potency claims.
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Prefer non-intoxicating options (teas, CBD/CBG/CBN) if you want long-term certainty.
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Subscribe to updates from reputable sources as agencies publish guidance.
🔗 Sources & recent coverage
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NC General Assembly bill page for HB 328 (Regulate Hemp-Derived Consumables). North Carolina General Assembly
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Nonpartisan bill summary (testing, penalties, 0.3% total THC, 21+, school restrictions). dashboard.ncleg.gov
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Reporting on the federal crackdown closing Farm Bill loopholes and capping total THC in products. The Washington Post+1
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NC-focused analyses & advocacy describing breadth of products that could be impacted. The Assembly NC+1
Important notice: This article is for educational purposes only and not legal advice. Laws and guidance can change quickly—always consult official sources or counsel for your specific situation.
💚 Our commitment
Hemp & Tea Company was built on education, transparency, and wellness. As rules evolve, we’ll keep doing what we’ve always done: source responsibly, test thoroughly, label clearly, and help you choose calm, compliant options that fit your life.
