North Carolina Gov. Josh Stein has established a 24-member State Advisory Council on Cannabis to address what he calls a public health emergency created by synthetic intoxicants derived from hemp. The June executive order issued this month aims to close regulatory loopholes that have allowed an unregulated market to flourish in the state—particularly targeting compounds such as delta-8 THC synthesized from hemp-derived CBD.
The council’s creation marks a forceful pivot in North Carolina’s cannabis policy after years of legislative inaction. As attorney general in 2020, Stein led efforts to legalize and regulate adult-use marijuana, but his recommendations were ignored. Ironically, as he now points out, the state’s refusal to act allowed unregulated intoxicating hemp products to flood the market, many of them sold openly in vape shops with no age restrictions, testing requirements, or clear labeling.
“This is the Wild West,” Stein said. “Anyone, including kids, can legally buy high-THC products labeled as hemp. There’s zero protection in place.”
National loophole
The governor’s move reflects a growing national response to the 2018 Farm Bill, which legalized hemp and all derivatives provided they contain less than 0.3% delta-9 THC. That language, while aimed at industrial hemp, unintentionally opened the door for chemically altered intoxicants like delta-8 THC, delta-10 THC, and HHC—often sold in candy-like packaging and without safety oversight.
The loophole has forced states to act on their own. Some have banned these compounds outright; others introduced age restrictions or licensing schemes. California has implemented the most aggressive crackdown to date, banning all hemp products with any detectable THC content.
Meanwhile, the hemp industry has splintered. Long-term players in fiber, food, and sustainable materials warn that public perception is collapsing under the weight of psychoactive hemp sales. “Hemp” is increasingly associated with substances mimicking marijuana rather than agricultural innovation, risking investment and regulatory support.
Panel makeup and priorities
Stein’s newly formed council includes a broad cross-section of state stakeholders—from health officials and law enforcement to agriculture and tribal representatives. Co-chaired by Dr. Lawrence Greenblatt, state health director, and Robeson County District Attorney Matt Scott, the council also includes legislative champions from both parties, including Rep. Zack Hawkins (D-Durham) and Sen. Bill Rabon (R-Brunswick), a cancer survivor who supported medical cannabis legislation.
The North Carolina panel is tasked with developing a comprehensive regulatory framework, including:
- Minimum age requirements
- Labeling and potency disclosures
- Restrictions on synthetic cannabinoids
- Public health and safety safeguards
- Cannabis conviction expungement
- Revenue allocations for addiction and mental health services
“This isn’t about prohibition,” said Stein. “It’s about building a regulated, adult-use market that protects consumers and children alike.”
Federal reform on horizon?
The long-delayed 2023 Farm Bill, now expected later this year, is seen as a critical opportunity to redefine hemp and remove synthetic intoxicants from its scope. Industry leaders are calling for federal clarity, including national age limits, safety standards, and a separation of legitimate hemp products—such as CBD—from those designed to get users high.
In North Carolina, Stein’s plan is a preemptive strike. He urged state lawmakers not to wait for the council’s report: “Start by banning intoxicating hemp sales to minors and requiring ID checks and labeling now.”
If the General Assembly follows through, it would mark a turning point for hemp regulation in the state—and offer a potential national model for management of hemp, Stein said.