Senators CASH and HEMBREE proposes the following amendment (SJ-3924.MB0046S):

Amend the bill, as and if amended, SECTION 2, by striking Section 46-55-5 and inserting:

 Section 46-55-5. The purpose of this chapter is to regulate the sale and distribution of hemp products. It is the intent of the General Assembly that the manufacture, sale, and distribution of hemp-cannabinoid products are strictly prohibited unless specifically provided for in this chapter and Chapters 2, 4, 6, and 14 of Title 61, and synthetic cannabis products are strictly prohibited and a violation should be treated as marijuana under Chapter 53, Title 44.

Amend the bill further, by deleting SECTIONS 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37 from the bill.

Amend the bill further, SECTION 38, by striking Section 61-6-20(1)(a) and inserting:

 (1)(a) "Alcoholic liquors" or "alcoholic beverages" means any hemp-cannabinoid beverage that contains more than five milligrams of allowable THC concentration but not more than ten milligrams of allowable THC concentration, spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture of them, including, but not limited to, a powdered or crystalline alcohol, by whatever name called or known, which contains alcohol and is used as a beverage for human consumption, but does not include:
   (i) wine when manufactured or made for home consumption and which is not sold by the maker of the wine or by another person; or
   (ii) a beverage declared by statute to be nonalcoholic or nonintoxicating.

Amend the bill further, SECTION 39, by striking Section 61-6-120(A) and inserting:

 (A) The department shall not grant or issue any license provided for in this article, Article 5, or Article 7 of this chapter or Chapter 14 of this title, as applicable to hemp-cannabinoid beverages with an allowable THC concentration of more than five milligrams up to ten milligrams, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:
  (1) "church", an establishment, other than a private dwelling, where religious services are usually conducted;
  (2) "school", an establishment, other than a private dwelling, where the usual processes of education are usually conducted; and
  (3) "playground", a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.
 The above restrictions do not apply to the renewal of licenses and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department.

Amend the bill further, SECTION 45, by striking Section 61-14-10(1) and inserting:

 (1) "Allowable THC concentration" means the total naturally derived delta-9 THC concentration of:
  (a) not more than five milligrams on a liquid weight basis in a twelve-ounce single serving container sold in a retail store; or
  (b) more than five milligrams but not more than ten milligrams on a liquid weight basis per serving, which can be:
   (i)
  (1) up to one and one-half of an ounce, in a 750-milliliter container sold in a liquor store; or
   (ii)
  (2) a twelve-ounce single serving container sold in a liquor store.

Amend the bill further, SECTION 45, by striking Section 61-14-300(B) and inserting:

 (B) All hemp-cannabinoid beverages distributed into or within the State and offered for sale and sold to consumers in this State must be governed by this chapter, and where applicable Chapter 4, for hemp-cannabinoid beverages containing up to but no more than five milligrams an allowable THC concentration and Chapter 6, for hemp cannabinoid beverages containing more than five milligrams but nonot more than ten milligrams of an allowable THC concentration.

Amend the bill further, SECTION 45, by striking Section 61-14-360(A) and inserting:

 (A) For purposes of this section:
  (1) it is unlawful to sell hemp-cannabinoid beverages in bottles from liquor stores on Sundays, on Christmas Day, or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. Full authority to proclaim these periods is conferred upon the Governor in addition to all other powers conferred upon the Governor.
  (2) For purposes of this chapter, a permit authorized by this section to sell hemp-cannabinoid beverages with an allowable THC concentration of five milligrams or less, may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permit for retail sales of hemp-cannabinoid beverages on Sundays in retail stores. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue.
 (A) It is unlawful to sell hemp-cannabinoid beverages in bottles on Sundays, on Christmas Day, or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. Full authority to proclaim these periods is conferred upon the Governor in addition to all other powers conferred upon the Governor.

Amend the bill further, SECTION 45, by striking Section 61-14-700(A)(2) and inserting:

  (2) A wholesaler or retailer of hemp-cannabinoid beverages must be in possession of a valid applicable beer and wine or liquor license issued by the department.

Amend the bill further, SECTION 45, by striking Section 61-14-710(B), (C), and (D) and inserting:

 (B)(1) Manufacturers of hemp-cannabinoid beverages containing up to five milligrams of an allowable THC concentration are subject to Chapter 4, Title 61 in the same manner and to the same extent as those provisions apply to manufacturers of beer or wine.
  (2) Manufacturers of hemp-cannabinoid beverages containing more than five milligrams but no more than ten milligrams of an allowable THC concentration are subject to Chapter 6, Title 61 in the same manner and to the same extent as those provisions apply to manufacturers of alcoholic liquor.
 (B)Manufacturers of hemp-cannabinoid beverages containing not more than ten milligrams of an allowable THC concentration are subject to Chapter 6, Title 61 in the same manner and to the same extent as those provisions apply to manufacturers of alcoholic liquor.
 (C)(1) Wholesalers of hemp-cannabinoid beverages containing up to five milligrams of allowable THC concentration are subject to Chapter 4, Title 61 in the same manner and to the same extent those provisions apply to wholesalers of beer and wine.
  (2) Wholesalers of hemp-cannabinoid beverages containing more than five milligrams but no more than ten milligrams of allowable THC concentration are subject to Chapter 6, Title 61 in the same manner and to the same extent those provisions apply to wholesalers of alcoholic liquor.
  (3) Wholesalers of hemp-cannabinoid beverages must also maintain a wholesaler license issued under Chapter 4 or Chapter 6.
 (C)(1) Wholesalers of hemp-cannabinoid beverages are subject to Chapter 6, Title 61 in the same manner and to the same extent those provisions apply to wholesalers of alcoholic liquor.
  (3) Wholesalers of hemp-cannabinoid beverages must also maintain a wholesaler license issued under Chapter 6.
 (D)(1) Retailers of hemp-cannabinoid beverages containing up to five milligrams of allowable THC concentration are subject to Chapter 4 of Title 61, in the same manner and to the same extent those provisions apply to beer and wine; and
  (2) Retailers of hemp-cannabinoid beverages containing more than five milligrams but no more than ten milligrams of allowable THC concentration are subject to Chapter 6 of Title 61, in the same manner and to the same extent those provisions apply to alcoholic liquor.
  (3) Retailers of hemp-cannabinoid beverages must also maintain a retail license for beer and wine or for alcoholic liquor to be eligible for a hemp-cannabinoid beverage retailer's license in addition to any additional requirements required by the department.
 (D)(1) Retailers of hemp-cannabinoid beverages containing are subject to Chapter 6 of Title 61, in the same manner and to the same extent those provisions apply to alcoholic liquor.
  (3) Retailers of hemp-cannabinoid beverages must also maintain a retail license for alcoholic liquor to be eligible for a hemp-cannabinoid beverage retailer's license in addition to any additional requirements required by the department.

Amend the bill further, SECTION 45, by striking Section 61-14-920 and inserting:

 Section 61-14-920. Hemp-cannabinoid beverages in a 750-milliliter bottle or a single serving can with more than five milligrams but not more than ten milligrams of the allowable THC concentration per serving maymust be sold only in licensed alcoholic liquor stores.

Renumber sections to conform.

Amend title to conform.