GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 937
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Short Title: Marijuana and Vapor Products Reform. |
(Public) |
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Sponsors: |
Senator Burgin (Primary Sponsor). |
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Referred to: |
Rules and Operations of the Senate |
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April 30, 2026
A BILL TO BE ENTITLED
AN ACT decriminalizing possession of five grams or less of marijuana; conforming the state definition of hemp with the federal definition and prohibiting certain THC and cannabis products; increasing the penalties for manufacturing and selling marijuana; raising the age to purchase tobacco, vapor, and consumable products; increasing the excise tax on vapor products; increasing the unauthorized substance excise tax on marijuana; expanding alcohol law enforcement's (ALE) subject matter jurisdiction; making an appropriation for evidence storage and disposal by ale; and making administrative and enforcement changes to the vapor products directory.
The General Assembly of North Carolina enacts:
part i. THc products prohibited and possession of 5 grams or less of marijuana decriminalized
SECTION 1.1.(a) G.S. 90‑94 reads as rewritten:
"§ 90‑94. Schedule VI controlled substances.
(a) This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that such substance comes within this schedule, the Commission shall find: no currently accepted medical use in the United States, or a relatively low potential for abuse in terms of risk to public health and potential to produce psychic or physiological dependence liability based upon present medical knowledge, or a need for further and continuing study to develop scientific evidence of its pharmacological effects.
(b) The following controlled substances are included in this schedule:
(1) Marijuana.
(2) Tetrahydrocannabinols,
except for tetrahydrocannabinols found in a product with a delta‑9
tetrahydrocannabinol concentration total tetrahydrocannabinols
(including tetrahydrocannabinolic acid) concentration of not more than
three‑tenths of one percent (0.3%) on a dry weight basis.
(3) Repealed by Session Laws 2017‑115, s. 8, effective December 1, 2017, and applicable to offenses committed on or after that date.
…."
SECTION 1.1.(b) G.S. 90‑87 reads as rewritten:
"§ 90‑87. Definitions.
As used in this Article:
…
(3b) "Container" means the innermost wrapping, packaging, or vessel in direct contact with a final hemp‑derived cannabinoid product in which the final hemp‑derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge.
…
(13a) "Hemp" means the
plant Cannabis sativa (L.) and any part of that plant, including the seeds thereof
and all derivatives, extracts, cannabinoids, isomers, acids, salts, and
salts of isomers, whether growing or not, with a delta-9
tetrahydrocannabinol concentration total tetrahydrocannabinols (including
tetrahydrocannabinolic acid) concentration of not more than three‑tenths
of one percent (0.3%) on a dry weight basis. The term excludes all of the
following:
a. Any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols (including tetrahydrocannabinolic acid) three‑tenths of one percent (0.3%) on a dry weight basis.
b. Any intermediate hemp‑derived cannabinoid products containing:
1. Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant.
2. Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside of the plant.
3. More than three‑tenths of one percent (0.3%) combined total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) and any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol, as determined by the Secretary of Health and Human Services.
c. Any intermediate hemp‑derived cannabinoid products that are marketed or sold as a final product or directly to an end consumer for personal or household use.
d. Any final hemp‑derived cannabinoid products containing:
1. Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant.
2. Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside of the plant.
3. More than 0.4 milligrams combined total per container of total tetrahydrocannabinols (including tetrahydrocannabinolic acid) and any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol, as determined by the Secretary of Health and Human Services.
…
(13c) "Intermediate hemp‑derived cannabinoid product" means a hemp‑derived cannabinoid product that is not yet in the final form or preparation marketed or intended to be used or consumed by a human or animal, or is a powder, liquid, tablet, oil, or other product form which is intended or marketed to be mixed, dissolved, formulated, or otherwise added to or prepared with or into any other substance prior to administration or consumption.
…
(25a) "Secretary of Health and Human Services" means the Secretary of the United States Department of Health and Human Services.
…."
SECTION 1.1.(c) G.S. 90‑95 reads as rewritten:
"§ 90‑95. Violations; penalties.
(a) Except as authorized by
this Article, it is unlawful for any person:person to do any of the
following:
(1) To manufacture, sell or
deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;substance.
(2) To create, sell or
deliver, or possess with intent to sell or deliver, a counterfeit controlled substance;substance.
(3) To possess a controlled substance.
(b) Except as provided in
subsections (h) and (i) of this section, any person who violates G.S. 90‑95(a)(1)
subdivision (1) of subsection (a) of this section with respect to:
…
(2) A controlled substance
classified in Schedule III, IV, V, or VI IV, or V shall be
punished as a Class I felon, except that the sale of a controlled substance
classified in Schedule III, IV, V, or VI IV, or V shall be
punished as a Class H felon. The transfer of less than 5 grams of marijuana
for no remuneration shall not constitute a delivery in violation of
G.S. 90‑95(a)(1).
(3) A controlled substance classified in Schedule VI shall be punished as a Class G felon and subject to a fine of no less than ten thousand dollars ($10,000). If any person is found guilty of violating this subdivision, and the violation arose in furtherance of a business organized under the laws of this State, then the judge shall order the Secretary of State to revoke the business's authority to operate within this State. The transfer of less than 5 grams of marijuana for no remuneration shall not constitute a delivery in violation of subdivision (1) of subsection (a) of this section.
(c) Any person who violates G.S. 90‑95(a)(2)
subdivision (2) of subsection (a) of this section shall be punished
as a Class I felon.
(d) Except as provided in
subsections (h) and (i) of this section, any person who violates G.S. 90‑95(a)(3)
subdivision (3) of subsection (a) of this section with respect to:
…
(4) A controlled substance
classified in Schedule VI shall be guilty of a Class 3 misdemeanor, but any
sentence of imprisonment imposed must be suspended and the judge may not
require at the time of sentencing that the defendant serve a period of
imprisonment as a special condition of probation. If shall be guilty of
a Class 1 misdemeanor if the quantity of the controlled substance exceeds one‑half
of an ounce (avoirdupois) 5 grams of marijuana or one‑twentieth
of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known
as hashish, the violation shall be punishable as a Class 1 misdemeanor. hashish.
If the quantity of the controlled substance exceeds one and one‑half
ounces (avoirdupois) of marijuana, or three‑twentieths of an ounce
(avoirdupois) of the extracted resin of marijuana, commonly known as hashish,
or if the controlled substance consists of any quantity of synthetic
tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of
marijuana, the violation shall be punishable as a Class I felony.
…
(h) Notwithstanding any other provision of law, the following provisions apply except as otherwise provided in this Article:
(1) Any person who sells, manufactures, delivers, transports, or possesses in excess of 10 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as "trafficking in marijuana" and if the quantity of such substance involved:
a. Is in excess of 10
pounds, but less than 50 pounds, such person shall be punished as a Class H G
felon and shall be sentenced to a minimum term of 25 months and a maximum
term of 39 months in the State's prison and shall be fined not less than five
fifteen thousand dollars ($5,000);($15,000).
b. Is 50 pounds or more, but
less than 2,000 pounds, such person shall be punished as a Class G felon and
shall be sentenced to a minimum term of 35 months and a maximum term of 51
months in the State's prison and shall be fined not less than twenty‑five
thousand dollars ($25,000);($25,000).
c. Is 2,000 pounds or more,
but less than 10,000 pounds, such person shall be punished as a Class F felon
and shall be sentenced to a minimum term of 70 months and a maximum term of 93
months in the State's prison and shall be fined not less than fifty thousand
dollars ($50,000);($50,000).
d. Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 222 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(1a) For the purpose of this subsection, a "dosage unit" shall consist of 3 grams of synthetic cannabinoid or any mixture containing such substance. Any person who sells, manufactures, delivers, transports, or possesses in excess of 50 dosage units of a synthetic cannabinoid or any mixture containing such substance, shall be guilty of a felony, which felony shall be known as "trafficking in synthetic cannabinoids," and if the quantity of such substance involved:
a. Is in excess of 50 dosage
units, but less than 250 dosage units, such person shall be punished as a Class
H G felon and shall be sentenced to a minimum term of 25 months
and a maximum term of 39 months in the State's prison and shall be fined not
less than five fifteen thousand dollars ($5,000);($15,000).
b. Is 250 dosage units or
more, but less than 1250 dosage units, such person shall be punished as a Class
G felon and shall be sentenced to a minimum term of 35 months and a maximum
term of 51 months in the State's prison and shall be fined not less than twenty‑five
thousand dollars ($25,000);($25,000).
c. Is 1250 dosage units or
more, but less than 3750 dosage units, such person shall be punished as a Class
F felon and shall be sentenced to a minimum term of 70 months and a maximum
term of 93 months in the State's prison and shall be fined not less than fifty
thousand dollars ($50,000);($50,000).
d. Is 3750 dosage units or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 222 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
…."
SECTION 1.1.(d) This Part becomes effective December 1, 2026, and applies to offenses committed on or after that date.
part iI. Strict Liability for sales of vapor products and Marijuana
SECTION 2.1.(a) G.S. 99B‑1.1 reads as rewritten:
(a) There Except as provided in subsections (b)
and (c) of this section, there shall be no strict liability in tort in
product liability actions.
(b) The manufacturer or seller of a vapor product or consumable product, as defined in G.S. 14‑313, shall be strictly liable in tort in a product liability action.
(c) The manufacturer or seller of marijuana, as defined in G.S. 90‑87, shall be strictly liable in tort in a product liability action."
SECTION 2.1.(b) G.S. 99B‑2 reads as rewritten:
"§ 99B‑2. Seller's opportunity to inspect; privity requirements for warranty claims.
(a) No product liability
action, except an action for breach of express warranty, warranty or
a product liability action pursuant to G.S. 99B‑1.1(b) or (c), shall
be commenced or maintained against any seller when the product was acquired and
sold by the seller in a sealed container or when the product was acquired and
sold by the seller under circumstances in which the seller was afforded no
reasonable opportunity to inspect the product in such a manner that would have
or should have, in the exercise of reasonable care, revealed the existence of
the condition complained of, unless the seller damaged or mishandled the
product while in his possession; provided, that the provisions of this section
shall not apply if the manufacturer of the product is not subject to the
jurisdiction of the courts of this State or if such manufacturer has been
judicially declared insolvent.
…."
SECTION 2.1.(c) This Part becomes effective October 1, 2026, and applies to causes of action arising on or after that date.
part iii. youth access to tobacco products and vapor products
SECTION 3.1.(a) G.S. 14‑313 reads as rewritten:
"§ 14‑313. Youth access to tobacco products,
alternative nicotine products, vapor products, and cigarette wrapping
papers.
(a) Definitions. – The following definitions apply in this section:
…
(1a) Consumable product. – Consumable product shall have the same meaning as provided in G.S. 105‑113.4(1k). For purposes of this section, a consumable product does not contain any tobacco leaf.
…
(3c) Smart vapor products. – Vapor products that have designs and functionalities that resemble smart technology, including phones and gaming devices.
(3d) Timely Filed Premarket Tobacco Product Application. – An application pursuant to 21 U.S.C. § 387j for a vapor product or consumable product containing nicotine derived from tobacco marketed in the United States as of August 8, 2016, that was submitted to the United States Food and Drug Administration on or before September 9, 2020, and accepted for filing.
(4) Tobacco product. – Any
product that contains tobacco and is intended for human consumption. For
purposes of this section, the term includes an alternative nicotine product,
vapor product, consumable product, or components of a vapor product.
(5) Vapor product. – Any noncombustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to heat a consumable product. The term includes an electronic cigarette, electronic cigar, electronic cigarillo, and electronic pipe. The term also includes smart vapor products. The term does not include any product regulated by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act.
(b) Sale or Distribution to
Persons Under the Age of 18 21 Years. – If any person
shall distribute, It shall be unlawful for any person to do any of the
following:
(1) Distribute, or aid, assist, or abet any
other person in distributing tobacco products or cigarette wrapping papers to
any person under the age of 18 21 years, or if for any
person shall to purchase tobacco products or cigarette wrapping
papers on behalf of a person under the age of 18 years, the person shall be
guilty of a Class 2 misdemeanor; provided, however, that it 21 years.
Any person who violates this subdivision shall be guilty of a Class 2
misdemeanor. It shall not be unlawful to distribute tobacco products or
cigarette wrapping papers to an employee when required in the performance of the
employee's duties.
(2) Distribute, or aid, assist, or abet any other person in distributing vapor products or consumable products, as those terms are defined in G.S. 105‑113.4, to any person under the age of 21 years, or for any person to purchase vapor products or consumable products on behalf of a person under the age of 21 years. Any person who violates this subdivision shall be guilty of a Class G felony. It shall not be unlawful to distribute vapor products or consumable products to an employee when required in the performance of the employee's duties.
(b1) Retail distributors of tobacco products products,
vapor products, and consumable products shall prominently display near the
point of sale a sign in letters at least five‑eighths of an inch high
which states the following:
N.C. LAW STRICTLY PROHIBITS
THE PURCHASE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, VAPOR PRODUCTS, CONSUMABLE PRODUCTS, AND CIGARETTE WRAPPING PAPERS
BY
PERSONS UNDER THE AGE OF 18.21.
PROOF OF AGE REQUIRED.
Failure to post the required sign shall be an infraction punishable by a fine of twenty‑five dollars ($25.00) for the first offense and seventy‑five dollars ($75.00) for each succeeding offense.
A person engaged in the sale of
tobacco products or products, cigarette wrapping papers papers,
vapor products, or consumable products shall demand proof of age from a
prospective purchaser if the person has reasonable grounds to believe that the
prospective purchaser is under 18 21 years of age. Failure to
demand proof of age as required by this subsection is a Class 2 misdemeanor if
in fact the prospective purchaser is under 18 21 years of age.
Retail distributors of tobacco products or products, cigarette
wrapping papers papers, vapor products, or consumable products, shall
train their sales employees in the requirements of this law. Proof of any of
the following shall be a defense to any action brought under this subsection:
(1) The defendant demanded, was shown, and reasonably relied upon proof of age in the case of a retailer, or any other documentary or written evidence of age in the case of a nonretailer.
(2) The defendant relied on the electronic system established and operated by the Division of Motor Vehicles pursuant to G.S. 20‑37.02.
(3) The defendant relied on a biometric identification system that demonstrated (i) the purchaser's age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller's agent a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport showing the purchaser's date of birth and bearing a physical description of the person named on the card.
(b1)(b2) Distribution
of Tobacco Products, Vapor Products, and Consumable Products. – Tobacco products
products, vapor products, and consumable products shall not be
distributed in vending machines; provided, however, vending machines
distributing tobacco those products are permitted (i) in any
establishment which is open only to persons 18 21 years of age
and older; or (ii) in any establishment if the vending machine is under the
continuous control of the owner or licensee of the premises or an employee
thereof and can be operated only upon activation by the owner, licensee, or
employee prior to each purchase and the vending machine is not accessible to
the public when the establishment is closed. The owner, licensee, or employee
shall demand proof of age from a prospective purchaser if the person has
reasonable grounds to believe that the prospective purchaser is under 18 21
years of age. Failure to demand proof of age as required by this subsection
is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 21
years of age. Proof that the defendant demanded, was shown, and reasonably
relied upon proof of age shall be a defense to any action brought under this
subsection. Any person distributing tobacco products products, vapor
products, or consumable products through vending machines in violation of
this subsection shall be guilty of a Class 2 misdemeanor.
(b2)(b3) Internet
Distribution of Tobacco Products, Vapor Products, and Consumable Products.
– A person engaged in the distribution of tobacco products, vapor products,
or consumable products through the internet or other remote sales methods
shall perform an age verification through an independent, third‑party age
verification service that compares information available from public records to
the personal information entered by the individual during the ordering process
to establish that the individual ordering the tobacco products is 18 21
years of age or older.
(c) Purchase By Persons
Under the Age of 18 21 Years. – If any person under the age of 18
21 years purchases or accepts receipt, or attempts to purchase or
accept receipt, of tobacco products products, vapor products,
consumable products, or cigarette wrapping papers, or presents or offers to
any person any purported proof of age which is false, fraudulent, or not
actually his or her own, for the purpose of purchasing or receiving any tobacco
product product, vapor product, consumable product, or cigarette
wrapping papers, the person shall be guilty of a Class 2 misdemeanor; provided,
however, that it shall not be unlawful for an employee to purchase or accept
receipt of tobacco products products, vapor products, consumable
products, or cigarette wrapping papers when required in the performance of
the employee's duties.
(d) Sending or Assisting a
Person [Less Than] 18 21 Years to Purchase or Receive Tobacco Products
Products, Vapor Products, Consumable Products, or Cigarette Wrapping
Papers. – If any person shall send a person less than 18 21 years
of age to purchase, acquire, receive, or attempt to purchase, acquire, or
receive tobacco products products, vapor products, consumable
products, or cigarette wrapping papers, or if any person shall aid or abet
a person who is less than 18 21 years of age in purchasing,
acquiring, or receiving or attempting to purchase, acquire, or receive tobacco products
products, vapor products, consumable products, or cigarette wrapping
papers, the person shall be guilty of a Class 2 misdemeanor; provided, however,
persons under the age of 18 21 may be enlisted by police or local
sheriffs' departments to test compliance if the testing is under the direct
supervision of that law enforcement department and written parental consent is
provided; provided further, that the Department of Health and Human Services
shall have the authority, pursuant to a written plan prepared by the Secretary
of Health and Human Services, to use persons under 18 21 years of
age in annual, random, unannounced inspections, provided that prior written
parental consent is given for the involvement of these persons and that the
inspections are conducted for the sole purpose of preparing a scientifically
and methodologically valid statistical study of the extent of success the State
has achieved in reducing the availability of tobacco products, vapor
products, and consumable products to persons under the age of 18, 21,
and preparing any report to the extent required by section 1926 of the
federal Public Health Service Act (42 USC § 300x‑26).
(e) Statewide Uniformity. –
It is the intent of the General Assembly to prescribe this uniform system for
the regulation of tobacco products products, vapor products,
consumable products, and cigarette wrapping papers to ensure the
eligibility for and receipt of any federal funds or grants that the State now
receives or may receive relating to the provisions of this section. To ensure
uniformity, no political subdivisions, boards, or agencies of the State nor any
county, city, municipality, municipal corporation, town, township, village, nor
any department or agency thereof, may enact ordinances, rules or regulations
concerning the sale, distribution, display or promotion of (i) tobacco products
or cigarette wrapping papers on or after September 1, 1995, (ii) alternative
nicotine products or vapor products on or after August 1, 2013, or (iii)
alternative nicotine products on or after December 1, 2024. This subsection
does not apply to the regulation of vending machines, nor does it prohibit the
Secretary of Revenue from adopting rules with respect to the administration of
the tobacco products taxes levied under Article 2A of Chapter 105 of the
General Statutes.
(f) Deferred Prosecution or Conditional Discharge. – Notwithstanding G.S. 15A‑1341(a1) or G.S. 15A‑1341(a4), any person charged with a misdemeanor under this section shall be qualified for deferred prosecution or a conditional discharge pursuant to Article 82 of Chapter 15A of the General Statutes provided the defendant has not previously been placed on probation for a violation of this section and so states under oath.
…."
SECTION 3.1.(b) This Part becomes effective December 1, 2026, and applies to offenses committed on or after that date.
part iv. tax law conforming changes, increase excise tax on vapor products, and increase excise tax on marijuana
SECTION 4.1.(a) G.S. 105‑113.4 reads as rewritten:
"§ 105‑113.4. Definitions.
The following definitions apply in this Article:
…
(10b) Smart vapor products. – Vapor products that have designs and functionalities that resemble smart technology, including phones and gaming devices.
(10c) Smokeless tobacco. – Any finely cut, ground, powdered, or leaf tobacco, or other product containing tobacco, that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted.
…
(13a) Vapor product. – Any nonlighted, noncombustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to produce vapor from nicotine, however derived, in a solution. The term includes any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. The term also includes smart vapor products. The term does not include any product regulated by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act.
…."
SECTION 4.1.(b) G.S. 105‑113.4F reads as rewritten:
"§ 105‑113.4F. Delivery sales of certain tobacco products; age verification.
(a) Scope. – This section applies to delivery sales. For purposes of this section, the term "tobacco product" means cigarettes, smokeless tobacco, or vapor products.
(b) Delivery Seller Requirements. – A delivery seller must do all of the following with respect to a delivery sale:
(1) Obtain a license from the Secretary as required by this Article before accepting an order.
(2) Comply with the age
verification requirements in G.S. 14‑313(b2).G.S. 14‑313(b3).
…."
SECTION 4.1.(c) G.S. 105‑113.36A reads as rewritten:
"§ 105‑113.36A. Tax rates; liability for tax.
(a) Tax Imposed. – An excise tax is levied on the sale, use, consumption, handling, or distribution of tobacco products at the following rates:
(1) On vapor products, the
rate of five ten cents (5¢) (10¢) per fluid
milliliter of consumable product. All invoices for vapor products issued by
manufacturers must state the amount of consumable product in milliliters.
…
(g) Use of Tax Proceeds. – The Secretary must credit the net proceeds of the tax collected under subdivision (1) of subsection (a) of this section as follows:
(1) An amount equal to fifty percent (50%) to the Division of Social Services of the Department of Health and Human Services to be used in foster care programs.
(2) An amount equal to fifty percent (50%) to the Division of Public Health of the Department of Health and Human Services to provide public education throughout the State on the health risks associated with vapor products."
SECTION 4.1.(d) G.S. 105‑113.107 reads as rewritten:
"§ 105‑113.107. Excise tax on unauthorized substances.
(a) Controlled Substances. – An excise tax is levied on controlled substances possessed, either actually or constructively, by dealers at the following rates:
(1) At the rate of forty
cents (40¢) one dollar and fifty cents ($1.50) for each gram, or
fraction thereof, of harvested marijuana stems and stalks that have been
separated from and are not mixed with any other parts of the marijuana plant.
(1a) At the rate of three
dollars and fifty cents ($3.50) thirteen dollars and thirteen cents ($13.13)
for each gram, or fraction thereof, of marijuana, other than separated
stems and stalks taxed under subdivision (1) of this [sub]section, or synthetic
cannabinoids.
…."
SECTION 4.1.(e) This Part becomes effective for taxable years beginning on or after January 1, 2027.
Part V. Alcohol Law Enforcement subject matter jurisdiction and appropriations
SECTION 5.1.(a) G.S. 18B‑500 reads as rewritten:
"§ 18B‑500. Alcohol law‑enforcement agents.
…
(b) Subject Matter Jurisdiction. – After taking the oath prescribed for a peace officer, an alcohol law‑enforcement agent shall have authority to arrest and take other investigatory and enforcement actions for any criminal offense:
(1) Occurring, encountered, or otherwise discovered on the premises of, or elsewhere when the conduct relates to, a location under application for or holding a permit issued by the North Carolina Alcoholic Beverage Control Commission or the North Carolina Education Lottery Commission.
(2) Encountered or otherwise discovered while investigating or enforcing matters for the North Carolina Alcoholic Beverage Control Commission or the North Carolina Education Lottery Commission or encountered or otherwise discovered while investigating or enforcing the provisions of this Chapter, Chapter 18C of the General Statutes, G.S. 14‑313, Article 5 of Chapter 90 of the General Statutes, Part 3 of Article 4 of Chapter 143B of the General Statutes, or Parts 1 and 2 of Article 37 of Chapter 14 of the General Statutes.
(3) Encountered or otherwise discovered while carrying out any duty or function assigned to the Division by law.
(4) Occurring in an agent's presence.
(5) When assisting another law enforcement agency.
…."
SECTION 5.1.(b) There is appropriated from the General Fund to the Alcohol Law Enforcement Division of the Department of Public Safety the sum of seven hundred fifty thousand dollars ($750,000) in recurring funds for the 2026‑2027 fiscal year for the purpose of evidence storage and disposal.
SECTION 5.1.(c) There is appropriated from the General Fund to the Alcohol Law Enforcement Division of the Department of Public Safety the sum of two million five hundred thousand dollars ($2,500,000) in recurring funds for the 2026‑2027 fiscal year for the purpose of hiring up to 37 full‑time employees.
SECTION 5.1.(d) Subsections (b) and (c) of this section become effective July 1, 2026. The remainder of this section is effective when it becomes law.
part Vi. administrative changes to the vapor products directory
SECTION 6.1.(a) If Senate Bill 595 of the 2026 Regular Session of the 2025 General Assembly becomes law, then G.S. 143B‑245.10, as amended by Part IX of Senate Bill 595 of the 2026 Regular Session of the 2025 General Assembly, reads as rewritten:
The following definitions apply throughout this Part:
(1) ALE Division. – As defined in G.S. 18B‑101.
(1a) Alternative nicotine product. – As defined in G.S. 14‑313(a)(1).
(2) Consumable product. – As defined in G.S. 14‑313(a)(1a).
(3) Distribute. – As defined in G.S. 14‑313(a)(1b).
(4) FDA. – As defined in G.S. 14‑313(a)(1c).
(5) Secretary. – The Secretary of the Department of Revenue.
(6) Timely Filed Premarket
Tobacco Product Application. – As defined in G.S. 14‑313(a)(3c).G.S. 14‑313(a)(3d).
(7) Tobacco product. – As defined in G.S. 14‑313(a)(4).
(8) Vapor product. – As defined in G.S. 14‑313(a)(5)."
SECTION 6.1.(b) If Senate Bill 595 of the 2026 Regular Session of the 2025 General Assembly becomes law, then G.S. 143B‑245.15, as amended by Part IX of Senate Bill 595 of the 2026 Regular Session of the 2025 General Assembly, reads as rewritten:
"§ 143B‑245.15. Compliance.
(a) Unannounced Compliance
Check. Inspection. – Each retailer, distributor, and wholesaler that
sells or distributes consumable products or vapor products in this State shall
be subject to unannounced compliance checks investigation and
unannounced inspection by the ALE Division for purposes the purposes
of enforcing this Part. Unannounced follow‑up compliance checks of
all noncompliant retailers, distributors, and wholesalers shall be conducted
within 30 days after any violation of this Part. The following provisions
apply with respect to this section:
(1) Any person who observes a
violation described in G.S. 143B‑245.13 may alert the ALE Division
of the violation, and the ALE Division shall cause an unannounced compliance
check to occur with respect to the person alleged to be in violation.may
investigate the alleged violation and, if necessary, conduct an unannounced
inspection.
(2) The ALE Division shall publish
the results of all compliance checks at least annually maintain records
of all inspections and shall make the results available to the public on
request.
(3) The ALE Division shall report to the Secretary any violation of this Chapter for which civil penalties are authorized and regardless of whether criminal charges have been filed.
(4) Any products identified for sale that are not on the registry in compliance with the provisions of this Chapter may be subject to seizure, forfeiture, and destruction in accordance with G.S. 14‑313(h)(1)c.
…."
SECTION 6.1.(c) This Part is effective when it becomes law.
PART VII. EFFECTIVE DATE
SECTION 7.1. Except as otherwise provided, this act is effective when it becomes law.