Proposals to regulate North Carolina’s hemp industry have tended to share several features. They limit purchases to ages 21 and up. Products have to undergo testing at an accredited laboratory and clear thresholds for bacteria, yeast, mold, heavy metals, solvents, and other potentially hazardous materials. The tests also ensure that the cannabinoids in products match what’s listed on the package. Labels have to disclose all ingredients, and there’s a tracking system for manufacturing conditions and product origins.
There are restrictions on how much THC consumers can buy and rules about marketing. Packages need to be child-resistant and come with health warnings. Products are taxed, and retailers pay for state licenses, with some of those funds going toward public health education, oversight, and inspections.
Thorny details and unanswered questions have made a deal elusive, however: Which agency will oversee the program? Will the new regulatory bodies include scientists?
That’s been an issue in other states, said Laboratory for Forensic Toxicology Research director Michelle Peace, who tested products for The Assembly and previously served on the board of Virginia’s Cannabis Control Authority.
“For the most part, state regulators don’t have scientists on board to actually evaluate what’s happening in the labs, and so they get it wrong, or they don’t know what to look for, or they focus on the wrong things,” Peace said.
Other key questions: How aggressive will the state’s standards for toxins be? How will it decide which testing labs are acceptable? What will the tax rate be? (Based on retail sales estimates, the 10.5% tax on intoxicating hemp that the Senate proposed in 2023 would translate to $190 million in annual revenue.)
Will cities and counties be allowed to ban hemp retailers? Will it be legal to smoke hemp where it’s legal to smoke cigarettes? Will the smell of cannabis continue to be a valid basis for police searches? How will cops determine whether a cannabis user is too impaired to drive? After all, there’s no weed equivalent to a Breathalyzer.
Then there’s the big one: How will the state decide what is legal? Will it continue to define hemp based solely on the concentration of delta-9 THC? Will it ban all synthetic cannabinoids, or prohibit specific compounds—HHC, THCP, delta-6—and play Whack-a-Mole when new ones surface? What will it do about delta-8, which is both naturally occurring and synthetically derived? What will it do about THCA, which converts to delta-9 when heated?
