Governor Stein's Cannabis Council: A Step Forward, But Is Senate Bill 265 the Real Solution?

Governor Josh Stein's recent establishment of the North Carolina Advisory Council on Cannabis marks a significant development in the state's approach to cannabis regulation. This initiative aims to address the unregulated sale of THC products and explore the potential legalization of recreational marijuana. However, Senate Bill 265 (S265), introduced earlier this year, already proposes comprehensive measures to regulate hemp-derived consumable products. This raises the question: Does S265 offer a more immediate and effective solution to the challenges North Carolina faces?

Governor Stein's Advisory Council: A Strategic Move

On June 4, 2025, Governor Stein signed an executive order establishing the North Carolina Advisory Council on Cannabis. Comprising 24 members from various sectors—including health, law enforcement, agriculture, and the Eastern Band of Cherokee Indians—the council is tasked with developing recommendations for a comprehensive cannabis policy. Their focus areas include public health, youth protection, regulatory structures, and potential legalization pathways. Preliminary recommendations are expected by March 15, 2026, with final proposals due by the end of that year .

Governor Stein emphasized the urgency of addressing the current "wild west" state of cannabis products in North Carolina, where unregulated THC items are readily available, even to minors. He advocates for a regulated market that ensures public safety and health while considering the expungement of past low-level cannabis convictions .

Senate Bill 265: Immediate Regulatory Action

Introduced in March 2025, Senate Bill 265, known as the "Protecting Our Community Act," seeks to regulate the sale and distribution of hemp-derived consumable products. Key provisions of the bill include:

Age Restrictions: Prohibits the sale of hemp-derived consumable products to individuals under 21.
Licensing Requirements: Mandates that manufacturers, distributors, and sellers obtain proper licensing
THC Concentration Limits: Sets a maximum THC concentration of 0.3% on a dry weight basis for products.
Product Testing: Requires testing for contaminants like heavy metals and pesticides.
Packaging and Advertising: Imposes restrictions to prevent marketing to minors, including bans on cartoon characters and candy-like flavors.
School Grounds Ban: Prohibits the presence of hemp-derived consumable products on school property.

S265 has garnered bipartisan support and is currently under review in the Senate Rules Committee.

Comparing the Two Approaches

While both the Advisory Council and S265 aim to regulate THC products and protect public health, their approaches differ significantly:

Timeline: S265 offers immediate regulatory measures, whereas the Advisory Council's recommendations are not expected until late 2026.
Scope: S265 focuses specifically on hemp-derived consumable products, providing clear guidelines for their regulation. The Advisory Council, however, has a broader mandate, including the potential legalization of recreational cannabis and considerations for public health, safety, and justice reform.
Implementation: S265, if passed, would establish enforceable laws promptly. The Advisory Council's recommendations would still require legislative action, potentially delaying implementation.

A Dual Path Forward

Governor Stein's Advisory Council represents a comprehensive, long-term strategy to address cannabis regulation in North Carolina. However, Senate Bill 265 provides an actionable framework to tackle the immediate challenges posed by unregulated THC products. By advancing S265 alongside the Advisory Council's efforts, North Carolina can address current public health concerns while laying the groundwork for a thoughtful, inclusive cannabis policy in the future.

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