HB2019 H HHR AM #1

CR 3338

The Committee on Health and Human Resources moved to amend the bill on page 1, by striking everything after the enacting clause and inserting in lieu thereof the following:

§16-9-1. Regulate the sale and distribution of products containing a hemp-derived cannabinoid.

(a) As used in this section:

"Hemp-derived cannabinoid" means:

(1) A cannabinoid other than total tetrahydrocannabinol, or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one-tenth of one percent (0.1%);

(2) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of three tenths of one percent (0.3%) or less on a dry weight basis;

(3) Delta-8 tetrahydrocannabinol;

(4) Delta-10 tetrahydrocannabinol;

(5) Hexahydrocannabinol;

(6) Tetrahydrocannabiphorol (THCp); and

(7) Tetrahydrocannabivarin (THCv); and

"Retailer" means a person or entity that sells products containing a hemp-derived cannabinoid for consumption and not for resale; and

"THC" means tetrahydrocannabinol.

(b) A person may not knowingly sell or distribute a product containing a hemp-derived cannabinoid to a person who is under 18 years of age or purchase a product containing a hemp-derived cannabinoid on behalf of a person who is under 18 years of age.

(c) A person may not knowingly persuade, entice, send, or assist a person who is under 18 years of age to purchase, acquire, receive, or attempt to purchase a product containing a hemp-derived cannabinoid.

(d) A product containing a hemp-derived cannabinoid that is sold at retail shall:

(1) Satisfy the child-resistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in accordance with the requirements of 16 CFR 1700.20; and

(2) Be labelled with:

(A) A statement that the product is not approved for any medical use and by the United States Food and Drug Administration; and

(B) The words "KEEP OUT OF REACH OF CHILDREN. CONSULT YOUR PHYSICIAN BEFORE USE IF YOU ARE PREGNANT, BREASTFEEDING, OR TAKING ANY MEDICATIONS.";

(e) This section may be enforced through the provisions of §16-9A-7.

(f) A person who violates the provision of this section is guilty of a misdemeanor and, upon conviction thereof, for the first offense shall be fined not more than $100; upon conviction thereof for a second or subsequent offense, is guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.

(g) Notwithstanding subsection (f), a person, who is not 18 years of age, who knowingly purchases, possesses, or accepts receipt of a product containing a hemp-derived cannabinoid or to knowingly presents purported proof of age that is false, fraudulent, or not actually that person's for the purpose of purchasing or receiving a product containing a hemp-derived cannabinoid shall for the first violation be fined $50 and be required to serve eight hours of community service; for a second violation, the person shall be fined $100 and be required to serve 16 hours of community service; and for a third and each subsequent violation, the person shall be fined $200 and be required to serve 24 hours of community service. Notwithstanding the provisions of §49-4-701 of this code, the magistrate court has concurrent jurisdiction.

Adopted

Rejected