After this post, the NC House stripped out the CBD ban and ended up with only age-gating at 21. The bill moves on to the Senate as of June 26, 2025.
Here’s the original post, for the record:
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The primary intoxicant in marijuana or cannabis is THC. CBD, meanwhile. is universally acknowledged to be non-intoxicating .
But the North Carolina Farm Bill Drug bill that passed the Senate and is heading for the House allows THC but bans CBD. That’s crazy!
A Legislator told me I’m missing something — so I may be wrong here. But I offered a reward on Twitter or X for an explanation of what I’m missing, with no takers.
Let’s take a CBD gummy with no THC of any kind. I think it’s a “prohibited hemp-derived consumable product” under North Carolina House Bill 328.
Sure, a state marijuana monopoly would be federally illegal. I used to think it would be bulletproof as a practical matter, in light of Louisiana’s experiment. But President Trump might pick on states that he disfavors, as he does with California localities and ICE. https://www.msn.com/en-us/news/politics/ar-AA1GMkuT
Louisiana’s two land grant state universities had a state monopoly to produce medical marijuana for years before private industry shoved them aside. Here’s a photo from the HBCU, whose inclusion in legislation may have helped with social equity concerns:
In a 2013 North Carolina poll, state marijuana sales beat private sales by 3-to-1. The full poll with cross-tabs is at https://newrevenue.org/wp-content/uploads/2013/03/nc-marijuana-polling-march-2013.pdf. Not only do monopolies work best for public health, avoid all kinds of litigation by disappointed license applicants, maximize public revenue, and allow nimble pricing (unburdened by inflexible taxes) to compete with the illicit market; as our Stanford friend Keith Humphreys says, in light of the poor track record of social equity licensing, “In general retail monopolies (that’s where the industry still produces the product; the state sells it) have a better record of hiring diverse employees than do private companies.”
President Trump might leave state marijuana sales in Red-State New Hampshire alone, but he might pick on North Carolina, with our Democratic Governor. It’s about how much risk a state wants to face.
“Pat Oglesby Appointed to Marijuana Legalization Commission
“The governor of NC, Josh Stein, has come out in favor of marijuana legalization and formed a commission, on which my co-teacher, Pat Oglesby, has been tapped to serve, to study the issue and make recommendations.
“This is an outstanding choice! Pat knows more about marijuana legalization, taxation, licensing, and related issues than anyone I know. We co-taught a course, Cannabis Legalization, at UVA Law that was a huge success, due to Pat’s knowledge and connections to industry experts, regulators, and researchers (and to our excellent students, of course).
“The official press release is here, which includes the full list of commission appointees.”
Governor Stein Announces State Advisory Council to Bring Order to Cannabis MarketKids Need Protection
RALEIGH, NC
(RALEIGH) Today Governor Josh Stein released the following statement on the need to protect young people by bringing order to the unregulated cannabis market:
“Today all across North Carolina, there are unregulated intoxicating THC products available for purchase: just walk into any vape shop. There is no legal minimum age to purchase these products! That means that kids are buying them. Without any enforceable labeling requirements, adults are using them recreationally without knowing what is in them or how much THC there is. Our state’s unregulated cannabis market is the wild west and is crying for order. Let’s get this right and create a safe, legal market for adults that protects kids.
“That is why I am announcing a State Advisory Council on Cannabis. I am charging this group with studying and recommending a comprehensive approach to regulate cannabis sales. They will study best practices and learn from other states to develop a system that protects youth, allows adult sales, ensures public safety, promotes public health, supports North Carolina agriculture, expunges past convictions of simple THC possession, and invests the revenues in resources for addiction, mental health, and drugged driving detection.
“I want to thank members of the General Assembly for their interest in addressing this gaping loophole in state law. Let’s work together on a thoughtful, comprehensive solution that allows sales to adults and that is grounded in public safety and health. We can work together and get this right.”
Governor Stein signed the Executive Order creating the Council on Tuesday morning. The Council will include representatives from the Office of State Budget and Management, the State Highway Patrol, the Eastern Band of Cherokee Indians, the General Assembly, and the Departments of Health and Human Services, Public Safety, Revenue, Transportation, and Justice.
Hemp and marijuana are both types of cannabis. The difference used to be how much THC was in the plant. Today, due to the cannabis industry’s unchecked and creative product development and packaging, the terms “hemp” and “marijuana” have lost their traditional meanings and are essentially the same thing. They both contain intoxicating levels of THC. As a result, anyone, no matter their age, can legally buy cannabis products in vape shops with high concentrations of intoxicating THC here in North Carolina. The status quo of zero protection of our kids is absolutely unacceptable. That’s why the work of this Advisory Council to recommend a regulatory structure for cannabis sales is important and urgent.
In the meantime, at a minimum, the General Assembly should prohibit the sales of products that contain intoxicating THC to anyone under 21 by requiring photo ID age-verification and require packaging that lets adults know what is actually in cannabis products, including the amount of THC.
Co-chairs
Lawrence H. Greenblatt, MD, State Health Director & Chief Medical Officer, North Carolina Department of Health and Human Services
Matt Scott, District Attorney, Prosecutorial District 20 (Robeson County)
Members
David W. Alexander, Owner and President, Home Run Markets, LLC
Arthur E. Apolinario, MD, MPH, FAAFP, 2002-2023 Past President, North Carolina Medical Society; Family Physician, Clinton Medical Clinic
Joshua C. Batten, Assistant Director for Special Services, Alcohol Law Enforcement Division, North Carolina Department of Public Safety
Representative John R. Bell, North Carolina House of Representatives, District 10
Carrie L. Brown, MD, MPH, DFAPA, Chief Psychiatrist, North Carolina Department of Health and Human Services
Mark M. Ezzell, Director, North Carolina Governor’s Highway Safety Program, North Carolina Department of Transportation
Anca E. Grozav, Chief Deputy Director, North Carolina Office of State Budget and Management
Representative Zack A. Hawkins, North Carolina House of Representatives, District 31
Colonel Freddy L. Johnson, Jr., Commander, North Carolina State Highway Patrol
Michael Lamb, Police Chief, City of Asheville Police Department
Peter H. Ledford, Deputy Secretary for Policy, North Carolina Department of Environmental Quality
Kimberly McDonald, MD, MPH, Chronic Disease and Injury Section Chief, Division of Public Health, North Carolina Department of Health and Human Services
Patrick Oglesby, Attorney and Founder, Center for New Revenue
Forrest G. Parker, CEO / General Manager, Qualla Enterprises LLC / Great Smoky Cannabis Company
Senator Bill P. Rabon, North Carolina Senate, District 8
Lillie L. Rhodes, Legislative Counsel, Administrative Office of the Courts
Gary H. Sikes, Owner, Bountiful Harvest Farm and Partner, Legacy Fiber Technologies
Senator Kandie D. Smith, North Carolina Senate, District 5
Keith Stone, Sheriff, Nash County
Joy Strickland, Senior Deputy Attorney General, Criminal Bureau of the North Carolina Department of Justice
Deonte’ L. Thomas, Chief, Wake County Public Defender Office
Missy P. Welch, Director of Programming (Permits/Audit/Product Sections), Alcoholic Beverage Control Commission
The Center for New Revenue 
