SBI Asks Legislature to Tighten Proposed Hemp Regulations

— Written By Tom Melton and last updated by
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5/22/2019 – Below are some of the proposals in an SBI letter to the General Assembly.

There are several possible solutions which allow farmers in NC to grow industrial hemp, but also allow the criminal justice system to continue to seize marijuana, and charge and prosecute marijuana offenses. Below is a listing of possible solutions:

1) Limit the varieties of hemp that can be grown in NC to those which are used in rope, clothing, and paper. Do not allow the variety of hemp that produces “buds” similar to marijuana.

2) Modify the definition of marijuana in 90-87(16) as follows:

(16) “Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. The term does not include industrial hemp as defined in G.S. 106-568.51, when the industrial hemp is produced in compliance with rules issued by the North Carolina Industrial Hemp Commission and provided to a processor. The possession or sale of hemp in any other circumstance, unless in lawful possession pursuant

to the North Carolina Epilepsy Act, is unlawful.

In addition to 1) and 2), the following conditions are warranted:

• An individual must be 18 or older to purchase or possess hemp, hemp extract, and CBD products.

• Provide immunity for law enforcement officers who seize hemp and hemp products during the course of an investigation, even if the products fall within the legal limits of THC and CBD.

• Clarify that all paraphernalia used to smoke plant-based materials (whether hemp or marijuana) is illegal.

Alternative solutions may include:

• Plant based materials and plant based commercial products cannot be made in hemp processing facilities in NC. Only oils, balms, lotions, salves, etc. can be made in these facilities.

• Hemp in plant form cannot leave processing facilities. • Hemp in plant form cannot be sold by processors or commercial businesses. It can only be sold by NC farmers with a license from the N.C. Department of Agriculture and Consumer Services.

• Mandate that only growers and processors with a license from the NC Industrial Hemp Commission can possess hemp or hemp plants. Any other person who possesses hemp or hemp plants will be charged with possession of a Schedule VI controlled substance.

• Hemp and CBD containing edibles such as candies, gummies, lollipops, brownies, etc. cannot be sold or possessed in NC. No edible hemp and CBD food products. (this follows FDA regulations)

• Place a ban on smoking hemp, hemp products, hemp extracts, and CBD products.

• Regulate CBD oils to ensure they oils sold in NC are produced by NC farmers, tested by the Department of Ag to fall within legal limits of THC and CBD. The oil products could have a label and tax stamp. Any CBD products without this tax stamp would be illegal to manufacture, sell, or possess.

• Place a tax stamp on all hemp grown in NC and CBD products manufactured in NC. This stamp could go on all products by NC licensed growers and processors. This tax stamp would allow for the product to be followed from the field to the processor to the store. It would ensure that hemp grown by NC farmers is being sold to NC processors, and then sold in NC retail stores. It also ensures that the products fall within the legal THC limits. Any hemp and CBD products without the tax stamp would be illegal to manufacture, sell, or possess.

• License hemp/CBD retail stores in NC. A store must be on the approved list to sell hemp and CBD products.

• Add Epidiolex to Schedule V so it can be prescribed by physicians in NC. This is an FDA approved pharmaceutical form of CBD which is already a Federal Schedule V controlled substance.

The entire letter can be found at:

Industrial Hemp/CBD Issues