HB1502: MS Hemp Cultivation Act; revise provisions of and legalize manufacture and sale of hemp beverages.

Legislative Summary

An Act To Amend Section 69-25-201, Mississippi Code Of 1972, To Rename The "mississippi Hemp Cultivation Act" As The "mississippi Hemp Act", And To Expand Its Purpose To Regulating The Manufacture, Production, Distribution And Sale Of Consumable Hemp Products Other Than Beverages; To Amend Section 69-25-203, Mississippi Code Of 1972, To Define Certain Terms; To Amend Section 69-25-207, Mississippi Code Of 1972, To Transfer The Administration Of The Mississippi Hemp Act From The Commissioner And Department Of Agriculture And Commerce To The State Health Officer And The State Department Of Health; To Amend Section 69-25-213, Mississippi Code Of 1972, To Reduce, From A Concentration Of More Than 0.5% To A Concentration Of More Than 0.3%, The Threshold For Violations Of Producing Cannabis Sativa L. With A Certain Delta-9-tetrahydrocannabinol Concentration On A Dry Weight Basis; To Amend Section 69-25-217, Mississippi Code Of 1972, To Prohibit The Sale, Or Manufacture Or Production For Sale, In Mississippi Or To Mississippi Consumers, Of Products Derived From Any Cannabis Plant, Except As Authorized Under The Mississippi Hemp Act, The Light Alcoholic Beverage Statutes, Or The Mississippi Medical Cannabis Act; To Prohibit The Manufacture, Production Or Sale Of Any Hemp Product Containing An Artificially Derived Cannabinoid; To Prohibit The Sale Of Any Consumable Hemp Product To Any Person Under The Age Of 21 Years; To Create New Code Sections To Provide That The State Department Of Health Shall Be Responsible For Licensing Retailers, Wholesalers, Manufacturers And Processors Of Consumable Hemp Products; To Set The Annual License Fees To Be Collected By The Department And To Direct That Such Fees Be Deposited Into The State General Fund; To Require That Labels For Hemp Products Be Approved By The Department; To Require That A Finalized Sample Of Finished Hemp Products Have A Certificate Of Analysis; To Require All Products Containing Cannabidiol (cbd) To Be Tested In A Facility With A United States Drug Enforcement Administration (dea) Certification; To Provide Certain Requirements For Consumable Food Manufacturing Distributors; To Require A Licensed Entity To Provide A Quarterly Report To The Department; To Require The Department To Implement An Electronic Reporting System; To Provide That Any Consumable Food Manufacturing Distributor Or Consumable Hemp Manufacturer, Processor, Wholesaler Or Retailer That Fails To Timely Report Hemp Products Purchased Or Sold In Mississippi, Or That Purchases Or Sells Any Unlawful Hemp Product, Shall Be Subject To A Fine As Prescribed By The Department, And To Direct That Such Fines Be Deposited Into The State General Fund; To Impose A 3% Excise Tax On Consumable Hemp Products And To Direct That Proceeds Of Such Tax Be Deposited Into The State General Fund; To Amend Sections 69-25-211, 69-25-215, 69-25-219, 69-25-221 And 69-25-223, Mississippi Code Of 1972, To Conform To The Preceding Provisions; To Amend Section 41-137-45, Mississippi Code Of 1972, To Provide That It Is Unlawful For Any Person Or Entity To Sell Or Transfer Products Derived From Any Cannabis Plant To Individuals In The State Of Mississippi, With Certain Exceptions; To Provide Penalties For A Person Or Business Entity That Unlawfully Sells Cannabis-derived Products; To Create New Code Sections To Require Every Manufacturer Of A Consumable Hemp Product That Is Sold For Retail Sale In Mississippi To Execute And Deliver To The Department Of Revenue A Certification Form That Separately Lists Each Brand Name, Category, Product Name And Flavor For Each Consumable Hemp Product That Is Sold In Mississippi; To Direct The Department Of Revenue To Maintain And Make Publicly Available On Its Official Website A Directory That Lists All Consumable Hemp Product Manufacturers, Brand Names, Categories, Product Names And Flavors For Which Certification Forms Have Been Submitted And Approved By The Department Of Revenue, And To Update The Directory At Least Monthly To Ensure Accuracy; To Provide That Consumable Hemp Products Not Listed In The Directory And Intended For Retail Sale In Mississippi Shall Be Subject To Seizure, Forfeiture And Destruction, And May Not Be Purchased Or Sold For Retail Sale In Mississippi; To Provide A Penalty For The Retail Sale Of Consumable Hemp Products Not Included In The Directory And To Direct That Such Penalties Be Deposited Into The State General Fund; To Require That Consumable Hemp Products May Not Be Sold Or Offered For Sale Unless Certain Clearly Visible Notice Is Posted At The Location Where The Consumable Hemp Product Is Available For Purchase; To Provide Fines For Selling Or Offering To Sell Consumable Hemp Products Without Such Notice And To Direct That Such Fines Shall Be Deposited Into The State General Fund; To Amend Sections 67-3-1, 67-3-3, 67-3-5, 67-3-7, 67-3-9, 67-3-13, 67-3-15, 67-3-17, 67-3-19, 67-3-22, 67-3-25, 67-3-27, 67-3-28, 67-3-29, 67-3-41, 67-3-45, 67-3-46, 67-3-48, 67-3-48.1, 67-3-49, 67-3-51, 67-3-52, 67-3-53, 67-3-54, 67-3-55, 67-3-57, 67-3-59, 67-3-61, 67-3-63, 67-3-65, 67-3-67, 67-3-69, 67-3-70, 67-3-73, 67-3-74, 67-1-5, 67-1-18, 67-1-51, 67-1-51.1, 67-1-72, 67-7-3, 67-7-5, 67-7-7, 67-7-9, 67-7-11, 67-9-1, 27-65-241, 27-71-301, 27-71-303, 27-71-307, 27-71-311, 27-71-315, 27-71-317, 27-71-325, 27-71-327, 27-71-333, 27-71-335, 27-71-345, 27-71-349, 27-71-509, 45-9-101 And 97-5-49, Mississippi Code Of 1972, To Legalize The Manufacture And Sale Of Hemp Beverages, To Be Regulated In The Same Manner As Beer, Light Wine And Light Spirit Products, Collectively To Be Referred To As "light Intoxicating Beverages"; And For Related Purposes.