Under existing law, products that contain psychoactive cannabinoids found in or derived from hemp may not be sold to minors but are otherwise not regulated. This bill would regulate beverages containing hemp derivatives, defined as "hemp beverages," and treat hemp beverages for purposes of state law similar to beer or wine, to be licensed and regulated by the Alcoholic Beverage Control Board. This bill would require a license from the board to manufacture, distribute, or sell at retail for either on-premises or off-premises consumption. This bill would establish labeling and testing requirements for safety, and would place restrictions on where hemp beverages may be sold in stores. This bill would levy an excise tax on hemp beverages at the rate of ten percent on the retail sales price, in addition to any state or local sales tax. This bill would regulate consumable products containing hemp derivatives other than beverages, defined as "psychoactive hemp products" and treat these products for purposes of state law similar to tobacco products, to be permitted and regulated by the Alcoholic Beverage Control Board. This bill would require psychoactive hemp products to be placed onto the ENDS directory maintained by the Department of Revenue and would provide requirements for such products to be listed on the directory. This bill would establish labeling requirements and restrict advertising of these products. This bill would prohibit the sale of any products containing hemp derivatives to individuals under 21 years of age and provide penalties for violations. This bill would prohibit smokable hemp products in the state. This bill would also provide civil and criminal penalties for violations.

Statutes affected:
Introduced: 28-11-1, 28-11-2, 28-11-3, 28-11-4, 28-11-5, 28-11-6, 28-11-8, 28-11-9, 28-11-13, 28-11-15, 28-11-16, 28-11-19, 28-11-1, 28-11-1, 28-11-7, 28-11-15, 28-11-16, 28-11-17, 28-11-22, 13A-12-214, 13A-12-214, 28-12-1, 28-12-2, 28-12-3, 2-8-381, 28-12-4, 28-12-20, 28-12-21, 28-12-40, 28-12-41, 28-12-22, 28-12-23, 28-12-24, 28-12-21, 28-12-23, 28-3A-6, 28-3A-9, 28-3A-11, 28-3A-20, 28-3A-11, 28-12-25, 28-12-26, 28-3A-23, 28-12-27, 28-3A-25, 28-3A-25, 28-3A-25, 28-12-2, 28-3A-25, 28-12-28, 28-3A-26, 28-12-40, 28-12-41, 28-12-42, 28-12-43, 28-12-60, 28-11-1, 28-11-2, 28-11-3, 28-11-4, 28-11-5, 28-11-6, 28-11-8, 28-11-9, 28-11-13, 28-11-15, 28-11-16, 28-11-19, 28-11-1, 28-11-2, 2-8-381, 13A-12-214, 13A-12-214, 28-11-3, 28-11-4, 28-11-7, 28-11-5, 28-11-6, 28-11-6, 28-11-9, 28-11-8, 28-11-9, 28-11-13, 28-11-15, 28-11-16, 28-11-19, 28-11-1, 28-11-1, 28-11-7, 28-11-15, 28-11-16, 28-11-17, 28-11-22