The Senate adopted the conference report 37–6 on July 2, 2026. Below, every major hemp provision is tied to its location in that report.
September ended without a recorded House vote on HB 328. The bill remains in House Rules, and July 30 is still the latest official action. The next scheduled session begins October 26, but no HB 328 vote has been announced. If the House adopts the report, the bill would complete legislative approval and proceed through enrollment to the governor—it would not automatically become law from the House vote alone.
H.R. 6500 moved most incoming federal hemp-definition restrictions—including the broader total-THC calculation that counts THCA—to December 11. HB 328 is a separate state proposal: its Senate-adopted conference text still says November 12 for the state total-THC formula, 0.4 mg-per-container ceiling, converted-cannabinoid rule, and Schedule VI changes if enacted.
THE LANGUAGE THAT CHANGES THE MARKET
total THC
per container
The bill measures the entire innermost retail package. For perspective, a package containing ten 5 mg servings contains 50 mg—125 times the proposed ceiling.
Open conference report page 2 ↗Highlighted policy language
Gold highlighting identifies the operative language or number. Red cards show provisions with potentially market-ending or criminal-law consequences. “Meaning” explains the text; “Business impact” is NC Hemp Facts’ analysis.
0.4 mg total THC per container
Section 1(b) · Conference report page 2, lines 21–26
“more than four-tenths of one milligram (0.4 mg) of total tetrahydrocannabinol per container”
A finished ingestible or inhalable product becomes prohibited when the entire innermost retail container exceeds 0.4 mg total THC. This is a package limit, not a per-serving limit.
Most currently marketed intoxicating hemp gummies, beverages, tinctures, flower, and inhalable products would exceed this ceiling. This is the central reason the industry describes HB 328 as elimination.
A new total-THC formula
Section 1(b) · Conference report page 2, lines 3–15
The hemp definition would count delta-9 THC, 87.7% of THCA, and other THC forms including delta-7, delta-8, and delta-10 toward the 0.3% dry-weight limit.
Products and plant material that comply under a delta-9-only measurement could fail under the broader total-THC calculation.
Converted cannabinoids are excluded
Section 1(b) · Conference report page 2, lines 21–26
“any synthetic or chemically converted cannabinoid”
A finished consumable containing a synthetic or chemically converted cannabinoid would fall within the prohibited-product definition regardless of its milligram amount.
The provision reaches product categories made through cannabinoid conversion, including products commonly sold in the current hemp marketplace.
Prohibited products enter Schedule VI
Section 1(c) · Conference report pages 2–3, lines 28–50
The proposal adds a prohibited finished hemp-derived consumable product to North Carolina’s Schedule VI controlled-substances list.
After the effective date, prohibited products are not simply noncompliant retail inventory; they are treated within the State Controlled Substances Act.
Sales and possession restricted to 21+
Section 2(a) · Conference report pages 3–4
Selling or delivering a hemp-derived consumable to a person under 21 would be unlawful. Possession by a person under 21 would also be unlawful and violations are designated a Class 2 misdemeanor.
NC Hemp Facts supports keeping intoxicating products away from minors. The concern is that HB 328 combines this broadly supported protection with a separate near-zero product ceiling.
Penalties can reach $50,000
Section 2(a) · Conference report page 4, lines 11–37
“Each violation of this section constitutes a separate violation.”
General underage-sale penalties escalate from $2,500 to $25,000. Sale or delivery of a prohibited finished product carries higher penalties: $10,000, $25,000, then $50,000.
Because each violation is separate and retailers are responsible for actions by staff and agents, exposure could compound quickly.
Age rules first; product ceiling later
Sections 1(d) and 2(b) · Conference report pages 3–4
The age-sale and possession provisions are dated July 15, 2026. The new hemp definition, product ceiling, and Schedule VI changes are dated November 12, 2026.
Businesses need to distinguish the immediate age-policy timeline from the later market-wide product restrictions.
Penalty table
Source: Section 2(a), proposed G.S. 14-313.1(d), conference report page 4. Each violation is treated separately.
What happens when
Official roll call: 37 ayes, 6 noes.
This remains the latest recorded action; the House has not adopted the report.
No House vote was recorded; the bill remains pending in House Rules.
The conference report remains eligible for consideration, but no HB 328 vote has been announced.
Total-THC definition, 0.4 mg container limit, converted-cannabinoid rule, and Schedule VI treatment.
Do not take our word for it.
Open the adopted conference report and compare this analysis with the actual legislative text.
The alternative
SB 265 uses age restrictions, licensing, batch testing, packaging, labeling, and enforcement without the 0.4 mg-per-container ceiling.
Compare the SB 265 approach →