AB 680

This bill adds three definitions to the provisions regarding hemp—“intoxicating cannabinoid,” “intoxicating hemp product,” and “nonintoxicating cannabinoid”—and restricts access to intoxicating hemp products for individuals under age 21.

Under current law, a person may plant, grow, cultivate, harvest, produce, sample, test, process, transport, transfer, take possession of, sell, import, and export hemp, subject to regulation by the Department of Agriculture, Trade and Consumer Protection. “Hemp” is defined under current law as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods.” The current law definition of “hemp” clarifies that it does not include a prescription drug product that has been approved by the U.S. Food and Drug Administration.

This bill defines “intoxicating cannabinoid,” “intoxicating hemp product,” and “nonintoxicating cannabinoid” for the purposes of hemp regulation and clarifies that “hemp” includes an “intoxicating hemp product.” Under the bill, “intoxicating cannabinoid” means delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, delta-10-tetrahydrocannabinol, tetrahydrocannabinolic acid, hexahydrocannabinol, tetrahydrocannabiphorol, tetrahydrocannabinol-O-acetate, or any other cannabinoid or cannabinoid derivative that produces intoxication when consumed. “Intoxicating hemp product” means a hemp product that contains intoxicating cannabinoids at a concentration of more than 0.3 percent on a dry weight basis, a hemp product in the form of a beverage that contains intoxicating cannabinoids at a concentration of 1.0 milligram or more per 12 fluid ounces of beverage, or an edible hemp product that contains intoxicating cannabinoids at a concentration of 1.0 milligram or more per serving or per package, regardless of the intoxicating hemp product’s total concentration of nonintoxicating cannabinoids. “Nonintoxicating cannabinoid” means cannabidiol, cannabigerol, cannabichromene, cannabinol, or any other cannabinoid, other than tetrahydrocannabinol or its precursors, that does not produce intoxication at typical serving levels.

Under current law, there is no age restriction on activities related to hemp. This bill restricts access to intoxicating hemp products to individuals age 21 or older. Under the bill, DATCP or a law enforcement officer may seize hemp product that is sold to or in the possession of an individual under age 21.

Additionally, no person may sell any intoxicating hemp product to a person under age 21 or purchase such a product on behalf of a person who is under age 21. Under the bill, the penalties for such a violation vary depending on whether the person has committed a previous violation and range from a civil forfeiture of up to $500, if the person has no previous violations, to a fine of up to $10,000 and imprisonment for up to nine months or both, if the person has committed three or more violations in the preceding 30 months.

Under current law, the penalty for violating hemp producer regulations is a forfeiture of not less than $200 nor more than $5,000 or, for a subsequent offense committed within five years, a forfeiture of not less than $400 nor more than $10,000. Under the bill, that penalty applies to certain violations regarding the sale of intoxicating hemp products generally.

This bill makes no changes to the status of tetrahydrocannabinols generally under the state’s Uniform Controlled Substances Act.