Rep. WOOTEN proposes the following amendment (LC-221.PH0005H):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 53, Title 44 of the S.C. Code is amended by adding:Section 44-53-60. (A) It is unlawful for a person under the age of twenty-one to possess or consume a "consumable hemp product." A "consumable hemp product" is defined as a hemp, tetrahydrocannabinol (THC) or cannabinoid product that is a hemp- or cannabinoid- derived good intended for human ingestion, absorption, or consumption made from a cannabinoid that is naturally occurring in a hemp plant or made from a cannabinoid that is chemically derived or otherwise synthetically manufactured that has been extracted or purified from an agricultural product. The following chemically derived hemp cannabinoids are specifically included in the definition of a consumable hemp product:
(1) Hexahydrocannabinol (HHC);
(2) Tetrahydrocannabinol acetate ester (THCo);
(3) Tetrahydrocannabiphorol (THCp);
(4) Delta 8 Tetrahydrocannabinol;
(5) Delta 10 Tetrahydrocannabinol;
(6) Delta 4 Tetrahydrocannabinol;
(7) Delta 11 Tetrahydrocannabinol;
(8) Delta 6a10a Tetrahydrocannabinol;
(9) Hexahydrocannabinol Acetate (HHC-O);
(10) Delta 9 Tetrahydrocannabiphorol;
(11) Delta 9 Tetrahydrocannabihexol;
(12) Delta 9 Tetrahydrocannabinol octyl;
(13) Delta 9 Tetrahydrocannabinol methyl ether (THC-M);
(14) Delta 8 Tetrahydrocannabinol octyl;
(15) Delta 7 Tetrahydrocannabinol; or
(16) any synthetic derivative or analog of the above compounds.
(B) It is unlawful for a person under twenty-one years of age to:
(1) knowingly purchase, possess, or accept receipt of a consumable hemp product; or
(2) knowingly present purported proof of age that is false, fraudulent, or not actually that person for the purpose of purchasing or receiving a consumable hemp product.
(C) A person violating subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.
(D) No person may knowingly:
(1) sell or distribute a product containing a consumable hemp product to a person who is under twenty-one years of age or purchase a product containing a consumable hemp product on behalf of a person who is under twenty-one years of age;
(2) persuade, entice, send, or assist a person who is under twenty-one years of age to purchase, acquire, receive, or attempt to purchase a consumable hemp product. This section does not preclude law enforcement efforts involving:
(a) the use of a minor if the minor's parent or legal guardian has consented to this action; or
(b) the use of a person under twenty-one years of age who is not a minor if the individual has consented to this action;
(3) distribute samples of consumable hemp product in or on a public street, sidewalk, or park; or
(4) sell or distribute a consumable hemp product without having first obtained proof of age from the purchaser or recipient.
(E) A person violating subsection (D) is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
Renumber sections to conform.
Amend title to conform.