Senator Stubbs proposes the following amendment (SR-3924.CEM0005S):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 44-53-110(27) of the S.C. Code is amended to read:(27)(a) "Marijuana" means:
(i) all species or variety of the marijuana plant and all parts thereof whether growing or not;
(ii) the seeds of the marijuana plant;
(iii) the resin extracted from any part of the marijuana plant; or
(iv) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin.
(b) "Marijuana" does not mean:
(i) the mature stalks of the marijuana plant or fibers produced from these stalks;
(ii) oil or cake made from the seeds of the marijuana plant, including cannabidiol derived from the seeds of the marijuana plant;
(iii) any other compound, manufacture, salt, derivatives, mixture, or preparation of the mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks;
(iv) the sterilized seed of the marijuana plant which is incapable of germination;
(v) for persons participating in a clinical trial or in an expanded access program related to administering cannabidiol for the treatment of severe forms of epilepsy pursuant to Article 18, Chapter 53, Title 44, a drug or substance approved for the use of those participants by the federal Food and Drug Administration; or
(vi) for persons, or the persons' parents, legal guardians, or other caretakers, who have received a written certification from a physician licensed in this State that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as "severe myoclonic epilepsy of infancy", or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, the substance cannabidiol, a nonpsychoactive cannabinoid, or any compound, manufacture, salt, derivative, mixture, or preparation of any plant of the genus cannabis that contains nine-tenths of one percent or less of tetrahydrocannabinol and more than fifteen percent of cannabidiol.;or
(vii) a "hemp gelatin chewable," "chewable," or "gummy" which is an edible product that contains intoxicating, alcoholic liquid converted into a gelatin substance subject to the exercise of the police power of the General Assembly pursuant to Article VIII-A of the South Carolina Constitution. Chewables may contain no more than ten milligrams per serving of hemp derived total THC per chewable or gummy and must be sold in containers of no more than ten chewables per package.
SECTION X. Chapter 53, Title 44 of the S.C. Code is amended by adding:
Section 44-53-399. (A) A hemp gelatin chewable, as defined in Section 44-53-110(27)(b), whose sole active ingredient is hemp derived THC may only be offered for retail sale in a permitted pharmacy, as defined in Section 40-43-30(47), and to an individual who is at least twenty-one years of age. A hemp gelatin chewable must be in a child-resistant container with no more than ten chewables per package. The retailer shall ensure that such products are not offered for retail sale by self-service but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by an employee or agent of the retailer.
(B) A retailer selling hemp gelatin chewables shall require the purchaser to produce a government issued photo identification showing the date of birth of the person. The retailer shall ensure that the product is delivered directly into the custody of that purchaser.
(C) A retailer may not sell chewables containing more than ten milligrams per serving of hemp derived total THC per chewable or gummy
Renumber sections to conform.
Amend title to conform.