A coalition of the state's leading law enforcement and prosecutor groups wrote to N.C. House lawmakers Monday asking them to take action next week on proposed hemp regulations that could ban many of the products currently sold in North Carolina.
The letter alludes to efforts to lobby against House Bill 328, which is a "conference report" agreed to earlier this month by leading legislators from both chambers. The legislature has struggled to pass hemp legislation for years, leaving the products largely unregulated.
While one of the negotiators was House Majority Leader Brenden Jones, R-Columbus, the House adjourned July 2 without taking a vote on the bill. House Speaker Destin Hall said at the time that his chamber needed more time to review the final bill, which the Senate passed that day in a 37-6 vote, with a handful of Democrats opposing it.
"Do not be fooled by those attempting to tell you that this conference report is bad or contains some hidden trick because it appeared 'all of the sudden' at the end of session," says the memo, which was obtained by WUNC News. "That is not true. Language addressing these issues is not new and there is nothing we believe is hidden in this conference report. There is no trickery."
The groups listed on the memo include the N.C. Sheriffs’ Association, the N.C. Association of Chiefs of Police, the N.C. Police Executives Association, the State Bureau of Investigation, the State Highway Patrol, the state's Alcohol Law Enforcement agency and the N.C. Conference of District Attorneys, which represents the state's top prosecutors.
Starting in November, the bill would make any product that contains more than 0.4 milligrams of total THC per container a Schedule VI controlled substance, which would make it illegal under the same drug laws governing marijuana. That provision mirrors federal regulations set to take effect in November — but the hemp industry is lobbying to change that, and the North Carolina ban would likely remain in effect even if that 0.4 milligram rule is changed at the federal level.
Hemp producers say that threshold is so low that most products on the market — including those that don't produce a marijuana-like high — would be banned.
"Both bills if they survive, in particular the North Carolina one, puts me out of business and just about every hemp producer in North Carolina," said Rick Brownfield of Chatham County-based Rocky River Hemp.
Brownfield says his products follow current regulations to remain below 0.3% total THC content, although that's not the case for many products sold in North Carolina without regulations.
"We never started this business to to grow hemp to sell to get people high," he said. "We have found over eight years that there is a definite need for a low-THC, high-CBD product. It helps people tremendously. It's an anti-inflammatory. It reduces anxiety. It helps sleep."
Brownfield said the more stringent ban wasn't included in previous legislation aimed at regulating hemp products. He suspects lobbyists for the pharmaceutical industry and alcohol industry want to put hemp producers out of business, rather than pass regulations to protect young people.
"I don't think it's right for these stores to be selling cannabis," he said. "I don't think it's right for them to be selling gummies of very high potency that look like children's candy. I don't think you should sell to under 21. But the federal bill is just not rational. It's not reasonable, as is HB 328."
But the memo from law-enforcement and prosecutorial groups argues that hemp products will remain largely unregulated if the bill doesn't pass. Because it's a conference report, legislators can't propose amendments ahead of an up-or-down vote on the final version.
"Let us be clear, failing to adopt this conference report means that anyone, no matter their age, will continue to be able to buy intoxicating THC products from any retailer that wishes to sell them without legal consequence in North Carolina," the memo said. "The only people and businesses who would oppose this conference report are those who are profiting from, and promoting a business model that thrives on, selling intoxicating substances to North Carolina’s children."
In addition to the ban on products with more than 0.4 milligrams of THC, the bill would ban the sale of hemp products to anyone under age 21. Anyone who sells the product to someone underage — or an underage person found in possession of the products — would face misdemeanor charges, with penalties of up to $50,000 for repeat offenses.
The bill would also add new regulations for kratom and xylazine (a sedative drug also known as "tranq") products.
While the Senate will be in session this week, the House plans to hold no-vote sessions until the week of Aug. 3, when its members plan to return to Raleigh. Hall spokeswoman Demi Dowdy says Republicans will be considering the input from the law enforcement groups when holding caucus discussions about the bill.
"Speaker Hall recognizes the need for stronger hemp regulations, especially safeguards to ensure these products are not sold to minors," she said in an email. "Whether or not the House adopts House Bill 328 is ultimately up to the Republican caucus, and the concerns expressed by law enforcement will certainly factor into those discussions when we return."
