NCGA bill bans Delta-8 and Delta-9 products on public school grounds

UPDATE: This bill unanimously passed the North Carolina House on April 17, 2025, and was sent to the NC Senate.

On Tuesday, the House Standing Committee on Health approved a bipartisan bill aimed at restricting certain substances on school grounds. The bill proposes a complete ban on tobacco products, hemp-derived products, and their synthetic counterparts—such as Delta-8, Delta-9, CBD, and vapor products—on public school property.

HB 328, titled “Ban Delta-8 & Delta-9 on School Grounds,” seeks to forbid the use of any hemp products and to clarify the preexisting ban on tobacco products on school grounds, to include vapes and e-cigarettes. Specifically, it requires that governing bodies of public schools adopt a distinct written policy prohibiting the use of these products at all times and to provide adequate notice to students, parents, the public and school personnel.

The bill calls for all public schools to not only enact the policy, but to additionally post signs stating the prohibition and to require that all school personnel enforce the policy. Representative Blackwell, R-Burke, backed the bill’s purpose but questioned the requirement to post signage.

“Why do they all need a policy? Why don’t we just say, ‘Thou shalt not,’ and it’s state law which they have to comply with?” said Blackwell.

Cunningham yielded to staff to answer Blackwell’s question.

“It’s a policy decision to incorporate hemp products into the existing tobacco framework,” said Jessica Boney of the Legislative Analysis Division. “The way that this is drafted, it would just incorporate these prohibitions on hemp products into the existing tobacco laws.”

Since 2008, North Carolina law has required that all public school employees enforce a ban on the use or possession of tobacco products on school grounds. However, through the rise in popularity of vapor products and e-cigarettes, school districts in North Carolina struggle to get a handle on students’ use of these new substances. This new legislation provides further clarification on this ban and school personnel’s role in enforcing this policy.

Representative Cunningham, D-Mecklenburg, introduced the bill, highlighting the difficulties several North Carolina schools face in managing student use of these substances.

“Here in Raleigh, at Leesville Road High School, students are setting fire alarms off due to vaping in the restrooms, forcing the school to close half of its restrooms,” said Cunningham, adding that Mecklenburg County’s school district reported 758 documented incidents of students having vaping devices at school.

Smoke shops, dispensaries, and bakeries are now selling THC products all throughout North Carolina. While Delta-8 and Delta-9 are technically legal in North Carolina, so long as they do not contain more than 0.3% of THC, lawmakers – along with the Food and Drug Administration – warn of the substance’s risks.

Just last week, a Granville County store owner was arrested for selling THC vapes that exceeded the legal limit to students. Authorities allege that the owner of the Tobacco and Vape store, located across the street from Butner-Stem Middle School, sold products to students. Several vape cartridges were later found on the school’s campus.

“Although these substances have gained popularity in recent years, specifically Delta-8, both of these substances can still have negative effects, including lack of cognitive function and judgement,” said Cunningham.

The FDA asserts that Delta-8 THC has serious health risks, including psychoactive and intoxicating effects that could lead to hallucinations, dizziness, and loss of consciousness.

According to most recent NCDHHS overdose data, an estimated eight North Carolinians per day are suspected to have died from a drug overdose, totaling nearly 3,000 lives lost this year alone. While none of those deaths are attributed to cannabis or hemp products, concerns remain that marijuana may act as a gateway drug; this legislation strengthens protections for students against harmful substances.

Cunningham closed by contending that this legislation will bring all North Carolina public schools to an agreement on how and why to enforce this policy.

“What we’re trying to do here is to put something in place that will be unified, that all school boards and school districts would have available today as a tool,” said Cunningham.