Senator Johnson proposes the following amendment (SJ-3924.MB0074S):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Section 61-2-10 of the S.C. Code is amended to read:

 Section 61-2-10. (A) As used in Title 61, unless the context clearly requires otherwise:
  (1) "Department" means the South Carolina Department of Revenue.
  (2) "Director" means the director of the Department of Revenue.
  (3) "Division" means the South Carolina Law Enforcement Division.
  (4) "Regulation", unless otherwise specified, means a regulation promulgated by the department or division pursuant to (a) this title or (b) other provisions of the Code relating to beer, wine, and alcoholic liquors, and in accordance with Chapter 23 of Title 1.
  (5)"Hemp-cannabinoid product" includes products defined as a "hemp-cannabinoid beverage" pursuant to Section 61-4-15 and hemp-cannabinoid products containing more than five milligrams and not more than ten milligrams of allowable THC concentration as referred to in Section 61-6-20. 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 31, by striking Section 61-6-20(1)(a) and inserting:

 (1)(a) "Alcoholic liquors" or "alcoholic beverages" means any hemp-cannabinoid products that contain not less more than five milligrams or more and 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 32, 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 with an allowable THC concentration of more than five milligrams and 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 38, 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)(b) not more than ten milligrams 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;
   (ii) a twelve-ounce single serving container sold in a liquor store; or
   (iii) one hemp gelatin chewable in a liquor store.

Amend the bill further, SECTION 38, by striking Section 61-14-10(9) and inserting:

 (9) "Hemp gelatin chewable," "chewable," or "gummy" is an edible, chewable product that contains intoxicating alcoholic liquid converted into a gelatin or a kosher gelatin alternative substance subject to the exercise of the police power of the General Assembly, pursuant to Section 1, Article VIII-A of the South Carolina Constitution. Chewables may contain no more than ten milligrams per serving of an allowable THC concentration per chewable or gummy and must be sold in containers of no more than four chewables per package, forty milligrams total THC per package. Baked goods or other food products of any kind are not chewables or gummies.

Amend the bill further, SECTION 38, by striking Section 61-14-300(B) and inserting:

 (B) All hemp-cannabinoid beverages or chewables 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 not more than five milligrams of an allowable THC concentration, or Chapter 6, for hemp cannabinoid products containing more than five milligrams but nonot more than ten milligrams of an allowable THC concentration.

Amend the bill further, SECTION 38, by striking Section 61-14-360(B) and inserting:

 (B) A permit authorized by this section to sell on Sundays in retail stores 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.

Amend the bill further, SECTION 38, by striking Section 61-14-530(A)(3) and (4) and inserting:

  (3) may not include a statement, artwork, or design that could reasonably appeal to children or mislead an individual to believe that the package contains anything other than a hemp-cannabinoid beverage or hemp gelatin chewable, as applicable; and
  (4) may not be packaged in any way that violates federal trademark or copyright laws, and
  (5) for the purposes of hemp gelatin chewable packaging must be child resistant.

Amend the bill further, SECTION 38, by striking Section 61-14-920 and inserting:

 Section 61-14-920. 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.

Amend the bill further, SECTION 46, by striking Section 61-14-15(A) and inserting:

 (A) It is unlawful for a licensee of a retail establishment or a liquor store to fail to not to maintain any hemp-cannabinoid product behind the counter of a retail establishment or a liquor store in an area inaccessible to the customer.

Amend the bill further, SECTION 49, by striking Section and inserting:

SECTION 49.The prohibition and enforcement of hemp-cannabinoid product distribution and sales to individuals under the age of twenty-one are effective upon the signature of the Governor, unless there is a challengefinal adjudication to the constitutionality of the prohibition and enforcement of hemp-cannabinoid product distribution and sales to individuals under the age of twenty-one, then this act shall have the effect of prohibiting and enforcing hemp-cannabinoid products distribution and sales to individuals under the age of eighteen, and the remaining provisions of this act take effective sixty days after approval by the Governor.

Renumber sections to conform.

Amend title to conform.