Senator Cash proposes the following amendment (SJ-3924.MB0064S):

Amend the bill, as and if amended, SECTION 3, by striking Section 46-55-10(13)(a) and inserting:

 (8)(13)(a) "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, including the nonsterilized seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hempa a total delta-9 THC tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis. . Hemp shall be considered an agricultural commodity.

Amend the bill further, SECTION 3, by striking Section 46-55-10(13)(bb)(iv)(III) and inserting:

    (III) greater than 0.4 four tenths of one milligrams milligram combined total per container of:
     (aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and
     (bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services

Amend the bill further, SECTION 3, by striking Section 46-55-10(14), (15), (16), (17), (18), (19), (20), and (21) and inserting:

 (14) "Hemp product" means all products containing cannabidiol with a total delta-9 THC concentration of not more than 0.3 percent on a dry weight basis derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale including, but not limited to, cosmetics, personal care products, food intended for human and animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as, but not limited to: CBD, CBG, CBC, or CBN provided the product does not cause a psychoactive reaction. Unprocessed or raw plant material, including nonsterilized hemp seeds, is not considered a hemp product.
 (9)(15) "Hemp-cannabinoid products" only means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including nonsterilized hemp seeds, is not considered a hemp product permitted under Title 61 for human consumption.
 (10)(16)(15) "Licensee" means an individual or business entity possessing a license issued by the department under the authority of this chapter to cultivate, handle, or process hemp.
 (11)(17)(16) "Marijuana" has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein.
 (12)(18)(17) "Processing" means converting an agricultural commodity into a marketable form.
  (19)(18) "Psychoactive reaction" means an altered state of the brain that has significant effects on a person's psychological processes, consciousness, thinking, physical ability, perception, or emotion.
 (13)(20)(19) "State plan" means the plan submitted by the department and approved by the Secretary of the United States Department of Agriculture pursuant to which the department regulates hemp production.
 (14)(21)(20) "THC" means tetrahydrocannabinol.

Amend the bill further, SECTION 15, by striking Section 61-4-15(B) and inserting:

 (B) For the purposes of this chapter, hemp-cannabinoid beverages that contain no more than five four tenths of one milligramsmilligram of an allowable THC concentration in a single serving in a twelve-ounce container shall be treated as beer or wine as described in Chapter 4, except for the provisions in Chapter 14 including creation of hemp-cannabinoid licenses, violations, and penalties.

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 four tenths of one milligrams milligram 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 not more than five four tenths of one milligrams milligram 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:of not more than 0.3 percent on a dry weight basis and no more than four tenths of one milligram combined total cannabinoids in a container.
  (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) up to one and one-half of an ounce, in a 750-milliliter container sold in a liquor store; or
   (ii) a twelve-ounce single serving container sold in a liquor store.

Amend the bill further, SECTION 45, by striking Section 61-14-10(8)(b) and inserting:

  (b) as no more than seventeen servings of four tenths of one with a total of one hundred-seventy milligrams milligram per serving of THC in a single 750-milliliter bottle.

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 nonot more than five four tenths of one milligrams milligram of an allowable THC concentration and sold in a retail store, and Chapter 6, for hemp cannabinoid beverages containing more than five milligrams but nonot more than ten four tenths of one milligram of an allowable THC concentration sold in a liquor store.

Amend the bill further, SECTION 45, by striking Section 61-14-360(A)(2) and inserting:

  (2) For purposes of this chapter, a permit authorized by this section to sell hemp-cannabinoid beverages with an allowable THC concentration of five four tenths of one milligrams milligram 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.

Amend the bill further, SECTION 45, by striking Section 61-14-710(B)(1) and (2) and inserting:

 (B)(1) Manufacturers of hemp-cannabinoid beverages containing up to five four tenths of one milligrams milligram 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 not more than five four tenths of one milligrams but no more than ten milligramsmilligram 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.

Amend the bill further, SECTION 45, by striking Section 61-14-710(C)(1) and (2) and inserting:

 (C)(1) Wholesalers of hemp-cannabinoid beverages containing up to fivefour tenths of one milligrams milligram 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, if such beverages are sold in a retail store.
  (2) Wholesalers of hemp-cannabinoid beverages containing not more than five four tenths of one milligrams but no more than ten milligrams milligram 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, if such beverages are sold in a liquor store.

Amend the bill further, SECTION 45, by striking Section 61-14-710(D)(1) and (2) and inserting:

 (D)(1) Retailers of hemp-cannabinoid beverages containing up to five four tenths of one milligrams milligram 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, if such beverages are sold in a retail store; and
  (2) Retailers of hemp-cannabinoid beverages containing not more than five four tenths of one milligrams but no more than ten milligrams milligram 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, if such beverages are sold in a liquor store.

Amend the bill further, SECTION 45, by striking Section 61-14-730(B) and (C) and inserting:

 (B) In addition to all other taxes levied, assessed, collected, and paid in with respect to hemp-cannabinoid beverages, every licensed wholesaler shall be subject to the payment of a tax of six-tenths cent per ounce or fractional quantity thereof on sales of each hemp-cannabinoid beverage sold and containing five four tenths of one milligrams milligram or less of an allowable THC concentration.
 (C) In addition to all other taxes levied, assessed, collected, and paid in with respect to hemp-cannabinoid beverages, every licensed wholesaler shall be subject to the payment of a tax of one hundred two thousandths cent per ounce or fractional quantity thereof on each hemp-cannabinoid beverage sold and containing not more than five four tenths of one milligrams milligram of an allowable THC concentration and sold in a liquor store.

Amend the bill further, SECTION 45, by striking Section 61-14-750(A) and (B) and inserting:

 (A) For hemp-cannabinoid beverages containing five four tenths of one milligrams milligram or less of an allowable THC concentration that are sold in a retail store, and under the reporting method of tax payment on such sales of hemp-cannabinoid beverages as prescribed in Section 61-14-730, the department shall allow a discount of two percent to the wholesaler on the amount of tax reported on each monthly report.
 (B) For hemp-cannabinoid beverages containing not more than fivefour tenths of one milligrams milligram of an allowable THC concentration that are sold in a liquor store, and under the reporting method of tax payment on such sales of hemp-cannabinoid beverages as prescribed in Section 61-14-730, the department shall allow a discount of one percent to the wholesaler on the amount of tax reported on each monthly report.

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 may be sold only in licensed alcoholic liquor stores.

Amend the bill further, by striking SECTION 46 and inserting:

SECTION 46. If the federal government exercises its right to regulate hemp-cannabinoid beverages through prohibition or regulation, then the allowable THC concentration shall be the lesser of either the federally defined THC level for hemp-cannabinoid beverages or delta-9 tetrahydrocannabinol that is not more than three-tenths of one percent on a dry weight basis or more than ten four tenths of one milligrams milligram on a liquid basis. If the federal government exercises its right to regulate hemp-cannabinoid beverages and permits a state to determine the level of an allowable THC concentration, the allowable THC concentration shall be the less of either the federally defined THC level for hemp-cannabinoid beverages or delta-9 tetrahydrocannabinol that is not more than three-tenths of one percent on a dry weight basis or not more than four tenths of one milligram on a liquid basis.

Renumber sections to conform.

Amend title to conform.