Senator Ott proposes the following amendment (SJ-3924.MB0055S):

Amend the bill, as and if amended, SECTION 45, by striking Section 61-14-10(15), (16), and (17) and inserting:

 (15) "Safe harbor hemp product" means a hemp-derived compound or cannabinoid whether a finished product or in the process of being produced, that is manufactured, produced, packaged, processed, prepared, treated, transported, or held in this state for export from this state but that is not sold or distributed in this state. To be eligible for the designation as a safe harbor hemp product, the manufacturer must have a certificate of analysis of any finished product.
 (16) "Safe harbor manufacturer or storage facility" means a facility that manufactures, produces, packages, processes, prepares, treats, transports, or holds a safe harbor hemp product and that:
  (a) is authorized to operate in the state and maintains a valid state business license or other required state or local authorization, including under this chapter; and
  (b) maintains current third-party Good Manufacturing Practices (GMP) certification for hemp products or dietary supplements issued by an independent certifying body recognized within the United States.
 (17) "Safe harbor research institute or facility" means a facility with accreditation from a United States regional accreditor, a private or public university or college, or an institute with ISO accredited analytical research or testing that may work with hemp-derived cannabinoids that are not permitted to be sold or distributed in this state.
 (15)(18) "Serving" means a hemp-cannabinoid beverage containing either:
  (a) twelve fluid ounces in a single serving container; or
  (b) no more than one and one-half fluid ounces in a 750-milliliter bottle.
 (16)(19) "THC" means tetrahydrocannabinol.
 (17)(20) "Wholesaler" means a person who purchases, acquires, or imports from outside this State or who purchases or acquires from a manufacturer or producer in the State hemp-cannabinoid beverages for resale.

Article 3

Enforcement

Amend the bill further, SECTION 45, by striking Section 61-14-320(D) and inserting:

 (D) The manufacture, production, distribution, importation, sale or possession of a hemp-cannabinoid beverage or hemp-cannabinoid product containing more than the allowable THC concentration is prohibited by law and punishable in the same manner as marijuana pursuant to Sections 44-53-190 and 44-53-370, unless otherwise deemed a safe harbor hemp product by the department.

Amend the bill further, SECTION 45, by striking Section 61-14-700(A)(1) and (2) and inserting:

(1) A manufacturer, wholesaler, or retailer of hemp-cannabinoid beverages safe harbor hemp products must be in possession of a valid, applicable hemp-cannabinoid license issued by the department that has sole and exclusive power to issue hemp-cannabinoid licenses.
  (2) A wholesaler or retailer of hemp-cannabinoid beverages or safe harbor hemp products must be in possession of a valid applicable hemp-cannabinoid license issued by the department that has sole exclusive power to issue hemp-cannabinoid beverages and must be in possession of a valid applicable beer and wine or liquor license issued by the department.
  (3) A retailer of hemp-cannabinoid beverages must be in possession of a valid applicable hemp-cannabinoid license issued by the department and 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 61-14-700(B)(1) and (2) and inserting:

  (1) hemp-cannabinoid beverage product manufacturer's license, which authorizes the licensee to:
   (a) manufacture hemp-cannabinoid beverages and to sell, deliver, or ship hemp-cannabinoid beverages in accordance with regulations in bottles or cans to a person in this State who has a wholesaler's license issued pursuant to this article and in bottle or cans to person outside this State, or
   (b) manufacture safe harbor hemp products and to sell, deliver, or ship safe harbor hemp products in accordance with this chapter. However, deliveries or shipments may not be made into another state whose laws prohibit the consignee from receiving or selling hemp-cannabinoid beverages;
  (2) hemp-cannabinoid beverage wholesaler's license, which authorizes the licensee to:
   (a) purchase, store, keep, possess, import into this State, transport, sell, and deliver hemp-cannabinoid beverages in bottles or cans in accordance with regulations to a person having a manufacturer's or retail license issued pursuant to this article
   (b) purchase, store, keep, possess, export out of this State, transport, sell and deliver safe harbor hemp products in accordance with regulations to a person having a manufacturer's license issued pursuant to this article; and

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 14, Title 61 of the S.C. Code is amended by adding:

 Section 61-14-20. (A) This article shall not apply to a:
  (1) safe harbor hemp product;
  (2) safe harbor manufacturer or storage facility;
  (3) safe harbor research institute or facility.
 (B) This article shall apply to subsection (A) for the purposes of licensing, inspection, taxation, and applicable violations.
 (C) It shall not be a violation of this chapter for an entity licensed under this chapter to possess raw hemp-extract intended for remediation into a hemp-cannabinoid beverage.

Renumber sections to conform.

Amend title to conform.