PROHIBITED ACTS RELATIVE TO HEMP-DERIVED CANNABINOID PRODUCTS
Relative to hemp-derived cannabinoid products, present law prohibits (i) the possession of rooted hemp by any person, other than a common carrier, without a valid license issued by the department of agriculture ("department"); (ii) the possession of cannabis with THC concentrations greater than 0.3 percent on a dry weight basis; (iii) the failure to pay upon reasonable notice any license, sampling, or inspection fee assessed by the department; (iv) a violation of state law relative to hemp or any rule promulgated under state law relative to hemp; or (v) the willful hindrance of the commissioner of agriculture ("commissioner") or the commissioner's authorized agent in performance of their official duties. This bill additionally prohibits the sale within this state of hemp that is produced outside of the state.
CERTIFYING AMOUNT OF THC IN HEMP-DERIVED CANNABINOID PRODUCTS
This bill requires a hemp producer to have hemp tested and certified as having delta-9 THC in a concentration of 0.3 percent or less prior to selling hemp produced in this state. A hemp producer must contract for the testing with a third-party laboratory that is licensed in this state. This bill authorizes the department to promulgate rules specifying which types of tests may be used to satisfy the testing requirements and the qualifications for laboratories from which the department will accept test results.
LICENSE REQUIREMENTS TO SELL HEMP-DERIVED CANNABINOID PRODUCTS
Present law requires a person to do the following in order to obtain and maintain a supplier or retailer license:
(1) Submit to the department information prescribed by rules as necessary for the efficient enforcement of state law relative to hemp-derived cannabinoid products;
(2) Pay to the department of agriculture a fee of $500 for supplier or $250 per retailer per location;
(3) Consent to reasonable inspection and sampling by the department of agriculture, or the department of revenue as applicable, of the person's inventory of products containing a hemp-derived cannabinoid; and
(4) Submit to a criminal history background check that includes fingerprint checks against state and federal criminal records maintained by the TBI and FBI.
This bill requires a supplier or retailer to maintain a record, for all hemp-derived cannabinoid products the supplier or retailer sells in this state, of the time and place that the product was purchased and documentation establishing that the product contained delta-9 THC in a concentration of 0.3 percent or less. A supplier or retailer must maintain the records and documentation required for two years from the date that the product is sold and make such records and documentation available for inspection upon the request of law enforcement personnel, or agents of the department of agriculture or department of revenue.
LABELING REQUIREMENTS
Present law requires a product containing a hemp-derived cannabinoid product that is sold at retail to be labeled with (i) a list of ingredients and possible allergens and a nutritional fact panel; (ii) a warning statement concerning the risk of impairment from consumption of the product, keeping the product out of the reach of children, and other warning information as required by rule of the department; (iii) if the product is ingestible, the amount of cannabinoid in each serving of the product, measured in milligrams; (iv) the total amount of hemp-derived cannabinoid in the entire package, measured in milligrams; (v) the net weight of the product; (vi) a QR code that can be scanned to access a website providing the product's batch number, date received, date of completion, method of analysis for the testing report required under state law, including information regarding results of the product's full-panel and potency tests conducted pursuant to state law; and (vii) an expiration date.
This bill requires a product containing a hemp-derived cannabinoid product that is sold at retail to be labeled with a statement that the product contains delta-9 THC in a concentration of 0.3 percent or less on a dry weight basis.
MARIJUANA UNDER STATE CRIMINAL LAW
This bill establishes that "marijuana" includes a synthesized, hemp-derived product containing delta-9 THC in a concentration of more than 0.3 percent on a dry weight basis, under state law relative to criminal offenses.
Under present law, it is an offense for a defendant to knowingly (i) manufacture a controlled substance; (ii) deliver a controlled substance; (iii) sell a controlled substance; or (iv) possess a controlled substance with intent to manufacture, deliver, or sell the controlled substance.
This bill establishes that a violation of (i)-(iv) above, with respect to a Schedule VI controlled substance classified as marijuana that is a synthesized, hemp-derived product containing delta-9 THC in a concentration of more than 0.3 percent on a dry weight basis, must be fined $10,000.

Statutes affected:
Introduced: 43-27-103(a), 43-27-103, 43-27-206(b)(1), 43-27-206, 43-27-209(a)(2), 43-27-209, 39-17-402(16), 39-17-402, 39-17-417