Reps. HARDEE, GUEST, and KIRBY propose the following amendment (LC-3924.SA0023H):

Amend the bill, as and if amended, SECTION 5, by striking Section 61-2-10(A)(5) and inserting:

  (5)"Hemp-cannabinoid product" includes products defined as a "hemp-cannabinoid beverage" pursuant to Section 61-4-15, and hemp-cannabinoid products beverages containing more than five milligrams and not more than ten milligrams of allowable THC concentration as referred to in Section 61-6-20 and hemp gelatin chewables containing not more than ten milligrams of allowable THC concentration per chewable as referred to in Section 61-14-10. Products meeting the definition of cannabidiol or CBD as defined in Section 46-55-10(10) and 46-55-90 are not hemp-cannabinoid products for purposes of Title 61.

Amend the bill further, SECTION 32, by striking Section 61-6-20(1)(a) and inserting:

 (1)(a) "Alcoholic liquors" or "alcoholic beverages" means any hemp-cannabinoid products beverage that contain contains more than five milligrams and not more than ten milligrams of allowable THC concentration, a hemp gelatin chewable containing not more than ten milligrams of allowable THC concentration per chewable, 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 33, 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 products beverages with an allowable THC concentration of more than five milligrams and up to ten milligrams or a hemp gelatin chewable containing not more than ten milligrams of allowable THC concentration per chewable, 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 39, by striking Section 61-14-10(1)(a) and inserting:

  (a) not more than five milligrams per serving which can be sold in a twelve-ounce single serving container in a retail store or a licensed retail pharmacy as provided for in Section 61-14-920; or

Amend the bill further, SECTION 39, by striking Section 61-14-10(1)(b)(iii) and inserting:

   (iii) one hemp gelatin chewable in a liquor store.
  (c) not more than ten milligrams per one hemp gelatin chewable in a licensed retail pharmacy as provided for in Section 61-14-920.

Amend the bill further, SECTION 39, Section 61-14-10, by adding an item to read:

 (9) "Hemp-cannabinoid product" is a hemp-cannabinoid beverage or hemp gelatin chewable with an allowable THC concentration.

Amend the bill further, SECTION 39, by striking Section 61-14-10(14) and inserting:

 (14) "Retailer" means a person or entity, including a licensed retail pharmacy, that provides in-person sales in this State of sells hemp-cannabinoid beverages or chewables for consumption and not for resale and is a holder of a license issued under the provisions of this chapter, other than a manufacturer or wholesaler.

Amend the bill further, SECTION 39, by striking Section 61-14-330(B) and inserting:

 (B) A retail seller of hemp-cannabinoid beverages or hemp gelatin chewable chewables who fails to display the sign required by this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

Amend the bill further, SECTION 39, by striking Section 61-14-360(A)(1) and inserting:

  (1)it is unlawful to sell hemp-cannabinoid beverages in bottles or hemp gelatin chewables from liquor stores or hemp gelatin chewables from retail licensed pharmacies as defined in 61-14-920 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 39, by striking Section 61-14-700(A)(2) and inserting:

  (2) A wholesaler or retailer of hemp-cannabinoid products must be in possession of a valid applicable beer and wine or liquor license issued by the department except as provided for in Section 61-14-920(B).

Amend the bill further, SECTION 39, by striking Section 61-14-700(B)(2) and inserting:

  (2) hemp-cannabinoid product wholesaler's license, which authorizes the licensee to purchase, store, keep, possess, import into this State, transport, sell, and deliver hemp-cannabinoid beverages in bottles or cans and hemp gelatin chewables in accordance with regulations to a person having a manufacturer's or retail license issued pursuant to this article except as provided for in Section 61-14-920(B); and

Amend the bill further, SECTION 39, by striking Section 61-14-750(A) and (B) and inserting:

 (A) For hemp-cannabinoid beverages or hemp gelatin chewables containing five milligrams or less of an allowable THC concentration per serving, 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 or hemp gelatin chewables containing more than five milligrams of an allowable THC concentration per serving, 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 39, by striking Section 61-14-920 and inserting:

 Section 61-14-920. (A) Hemp-cannabinoid beverages in a 750-milliliter bottle, a single serving can or bottle containing more than five milligrams but not more than ten milligrams of an allowable THC concentration, or a hemp gelatin chewable as permitted by this chapter must be sold only in licensed alcoholic liquor stores.
 (B) Hemp gelatin chewables sold pursuant to this chapter may only be sold in a retail pharmacy facility licensed pursuant to Section 40-43-83, permitted as provided for in this chapter, located in this State, and under the supervision of a licensed pharmacist. Such facility is not required to maintain a retail license for beer and wine or alcoholic liquor.

Renumber sections to conform.

Amend title to conform.