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SECOND REGULAR SESSION
HOUSE BILL NO. 2768
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE OVERCAST .
4217H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 144 and 195, RSMo, by adding thereto twenty-five new sections relating
to industrial hemp-derived consumable products, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 144 and 195, RSMo, are amended by adding thereto twenty-five
2 new sections, to be known as sections 144.028, 195.2550, 195.2555, 195.2557, 195.2558,
3 195.2560, 195.2563, 195.2564, 195.2565, 195.2570, 195.2575, 195.2580, 195.2585,
4 195.2590, 195.2595, 195.2600, 195.2605, 195.2607, 195.2610, 195.2615, 195.2617,
5 195.2620, 195.2625, 195.2630, and 195.2635, to read as follows:
144.028. 1. As used in this section, the term "industrial hemp-derived
2 consumable pr oduct" shall have the same meaning given to the term in section 195.2550.
3 2. For all tax years beginning on or after January 1, 2027, an excise tax is hereb y
4 levied and imposed upon the ret ail sale of industrial hemp-derived consumable prod ucts
5 to consumers within this state. The rate of tax shall be two per cent of the reta il
6 pur chase price paid or charged and shall be in addition to any tax imposed under any
7 other pr ovision of federal, state, or local law .
8 3. The rev enue derived fr om the two percent rate levied under this section shall
9 be deposited by the department of revenu e into the hemp business fund established
10 under section 195.2563.
11 4. The tax imposed under this section is intended to be passed on to and borne by
12 the purch aser of the industrial hemp-derived consumable pr oduct. The tax is a debt
13 fr om the pur chaser to the ret ailer until paid and is recov erable at law by the r etailer in
14 the same manner as other debts. A reta iler is consider ed to act as a trustee on behalf of
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
15 the state when it collects tax fr om the pur chaser on a taxable transaction. The tax shall
16 be stated and charged separately on any documentation prov ided to the pur chaser by
17 the ret ailer at the time of the transaction.
195.2550. As used in sections 195.2550 to 195.2635, unless the context otherwise
2 r equir es, the following terms mean:
3 (1) "Batch", a specific quantity of industrial hemp-derived consumable pr oduct
4 that is manufactur ed at the same time and using the same methods, equipment, and
5 ingr edients; that is uniform and intended to meet specifications for identity , str ength,
6 purity , and composition; and that is manufactur ed, packaged, and labeled according to
7 a single batch pro duction record executed and documented;
8 (2) "Batch number", a unique numeric or alphanumeric identifier assigned to a
9 batch of industrial hemp-derived consumable pr oducts;
10 (3) "Business", any of the following licensed under sections 195.2550 to
11 195.2635:
12 (a) A distributor;
13 (b) A r etailer; or
14 (c) A manufactur er;
15 (4) "Consumer", a person twenty-one years of age or older who pur chases or
16 possesses an industrial hemp-derived consumable pr oduct for personal use;
17 (5) "Counter", the point of pur chase at a ret ail establishment;
18 (6) "Distributor", a person or entity that purch ases industrial hemp-derived
19 consumable prod ucts fro m manufactur ers and sells them to reta ilers;
20 (7) "Division", the division of alcohol and tobacco control of the department of
21 public safety;
22 (8) "Food service establishment", an establishment wher e food is prep ared and
23 served on the pr emises;
24 (9) "Franchise", a written or oral arrangement for a definite or indefinite
25 period, in which a person grants to another person a license to use a trade name,
26 trademark, service mark, or r elated characteristic, and in which ther e is a community of
27 inter est in the marketing of goods or services at wholesale, at retai l, by lease, by
28 agr eement, or otherwise including, but not limited to, a commer cial relat ionship of
29 definite duration or continuing indefinite duration between a manufactur er and a
30 distributor wher ein a distributor is granted the right to offer , sell, and distribute within
31 this state or any designated are a ther eof some or all of the manufactur er's industrial
32 hemp-derived consumable pr oducts to ret ailers;
33 (10) "Hemp", the plant Cannabis sativa L. and any part of that plant, including
34 the seeds ther eof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and
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35 salts of isomers, whether gro wing or not, with a delta-9 tetrahydr ocannabinol
36 concentration of not mor e than thr ee-tenths of one per cent on a dry-weight basis;
37 (1 1) "Hemp pro duct", any pr oduct that contains an industrial hemp-derived
38 cannabinoid. The term "hemp pr oduct" shall not include:
39 (a) Any industrial hemp-derived pr oduct intended for topical application;
40 (b) Any industrial hemp-derived animal feed pro duct;
41 (c) Any hemp seeds or hemp-seed-derived ingr edients that ar e generally
42 r ecognized as safe by the United States Food and Drug Administration; or
43 (d) Any prod uct that contains a cannabinoid that is not an industrial hemp-
44 derived cannabinoid;
45 (12) "Independent testing laboratory", a laboratory that meets all of the
46 following conditions:
47 (a) Holds an International Organization for Standardization (ISO) 17025
48 accr editation or is regi stered with the Drug Enfor cement Administration in accordance
49 with 21 CFR 1301.13;
50 (b) Does not have a direct or indir ect inter est in the entity whose pr oduct is being
51 tested;
52 (c) Does not have a dir ect or indirect intere st in a facility that cultivates,
53 pr ocesses, distributes, dispenses, or sells industrial hemp-derived consumable prod ucts
54 in this state or any other jurisdiction; and
55 (d) Performs tetrahydroca nnabinol concentration sampling and testing using the
56 high-performance liquid chromat ography (HPLC) method or , when appr opriate, gas
57 chr omatography;
58 (13) "Industrial hemp-derived cannabinoid", any cannabinoid naturally
59 occurring in, and originating fr om, the hemp plant including, but not limited to,
60 delta-9 tetrahydro cannabinol (delta-9 THC), tetrahydr ocannabinolic acid (THCA),
61 cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol (CBN), cannabigero l
62 (CBG), cannabichr omene (CBC), cannabicyclol (CBL), cannabivarin (CBV),
6 3 tetrahydr ocannabivarin (THCV), cannabidivarin (CBDV), cannabicitran (CBT), and
64 delta-8 tetrahydroca nnabinol (delta-8 THC). The term "industrial hemp-derived
65 cannabinoid" also includes any synthetic cannabinoid or semi-synthetic cannabinoid
66 with the same molecular structure as a cannabinoid naturally occurring in the hemp
67 plant as long as such cannabinoid was derived fro m the hemp plant;
68 (14) "Industrial hemp-derived consumable beverage pr oduct", an industrial
69 hemp-derived consumable pr oduct that is a liquid intended for ingestion and that is not
70 a tinctur e;
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71 (15) "Industrial hemp-derived consumable pr oduct", a hemp pro duct that is a
72 finished good intended for human ingestion or inhalation and that does not contain a
73 total delta-9 THC concentration of mor e than thr ee-tenths of one percen t on a dry-
74 weight basis;
75 (16) "Ingestion", the pr ocess of consuming an industrial hemp-derived
76 consumable pr oduct thr ough the mouth by swallowing into the gastr ointestinal
77 system or thr ough tissue absorption;
78 (17) "Inhalation", the pr ocess of consuming an industrial hemp-derived
79 consumable pro duct thr ough the respirat ory system thr ough the mouth or nasal
80 passageway;
81 (18) "License", a license issued in accordance with sections 195.2550 to
82 195.2635;
83 (19) "Manufacture" , to compound, blend, extract, infuse, cook, bake, or
84 otherwise make or pre par e pr oducts containing an industrial hemp-derived
8 5 cannabinoid, including the process es of extraction, infusion, packaging, repa ckaging,
86 labeling, and re labeling of pr oducts containing an industrial hemp-derived
8 7 cannabinoid;
88 (20) "Manufacturer" :
89 (a) Any person who engages in the pr ocess of manufacturing, pr eparing, or
90 packaging industrial hemp-derived consumable prod ucts; or
91 (b) Any supplier of industrial hemp-derived consumable pr oducts who contracts
92 with a third party described in paragraph (a) of this subdivision for the prod uction of
93 the supplier's industrial hemp-derived consumable pro ducts;
94 (21) "On-pr emises ret ailer", a r etailer that sells industrial hemp-derived
95 consumable prod ucts for on-site consumption;
96 (22) "Pro of of age", a valid driver's license or other government-issued
97 identification card that contains a photograph of the person and confirms the person's
98 age as twenty-one years of age or older;
99 (23) "Retail establishment", a place of business open to the general public for
100 the sale of goods or services;
101 (24) "Retailer", a person or entity that sells industrial hemp-derived consumable
102 pr oducts for consumption and not for r esale. The term "retailer " shall include on-
103 pr emises ret ailers and any food service establishments engaged in such sales;
104 (25) "Serving", the amount of an industrial hemp-derived consumable pr oduct
105 the manufactur er suggests be consumed at a single time;
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106 (26) "T incture" , an industrial hemp-derived consumable pr oduct that is a
107 hemp-infused liquid or oil administer ed orally in small amounts using a dr opper that
108 indicates the serving size.
195.2555. 1. A person shall not:
2 (1) Knowingly sell or distribute an industrial hemp-derived consumable pr oduct
3 to a person who is under twenty-one years of age;
4 (2) Knowingly pur chase an industrial hemp-derived consumable pro duct on
5 behalf of a person who is under twenty-one years of age;
6 (3) Knowingly persuade, entice, send, or assist a person who is under twenty-one
7 years of age to pur chase, acquire, receive, or attempt to purch ase an industrial hemp-
8 derived consumable pr oduct;
9 (4) Knowingly distribute free samples of an industrial hemp-derived consumable
10 pr oduct in or on a public str eet, sidewalk, or park without first obtaining a temporary
11 event permit fr om the division;
12 (5) Knowingly sell industrial hemp-derived consumable pr oducts in or on a
13 public street , sidewalk, or park without first obtaining a temporary event permit fr om
14 the division; or
15 (6) Knowingly sell or distribute an industrial hemp-derived consumable pr oduct
16 without having first obtained pr oof of age fr om the pr ospective pur chaser or reci pient
17 unless an ordinary person would conclude on the basis of appearance that the
18 pr ospective purch aser or reci pient is not under twenty-one years of age.
19 2. (1) A person under twenty-one years of age shall not:
20 (a) Knowingly purch ase, possess, or accept r eceipt of an industrial hemp-derived
21 consumable prod uct; or
22 (b) Knowingly present purported pro of of age that is false or fraudulent or that
23 does not actually identify the person for the purpose of purch asing or receivi ng an
24 industrial hemp-derived consumable pr oduct.
25 (2) Notwithstanding the pr ovisions of subdivision (1) of this subsection to the
26 contrary , it shall be lawful, and shall not constitute a violation of sections 195.2550 to
27 195.2635, for a person under twenty-one years of age to consume industrial hemp-
28 derived consumable prod ucts under the supervision of the person's par ent or legal
29 guardian or in accordance with the pro visions of section 195.2635. Nothing in this
30 subdivision shall be construed to alter the proh ibition on persons under twenty-one
31 years of age possessing industrial hemp-derived consumable pro ducts.
32 3. A r etailer or ret ail establishment shall maintain any industrial hemp-derived
33 consumable pr oduct other than industrial hemp-derived consumable beverage prod ucts
34 on or behind the counter , in an area or ret ail establishment restricted to adults twenty-
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35 one years of age or older , or in a locked cabinet. Any industrial hemp-derived
36 consumable beverage pro duct, including those in cases or boxes, offered for ret ail sale
37 shall be mer chandised in such a manner , which may include, but shall not be limited to,
38 signage, shelf-talkers, and stickers on cooler doors, so as to clearly indicate to consumers
39 the pro ducts contain industrial hemp-derived cannabinoids and are for sale only to
40 persons twenty-one years of age or older .
41 4. Any person who violates any pro vision of this section shall be subject to a fine
42 not to exceed two hundred fifty dollars for a first violation to be paid into the state
43 school moneys fund established under section 166.051 as pr ovided by law for other fines
44 and penalties. The penalty for any second or subsequent violation shall be a class D
45 misdemeanor .
46 5. The division shall enfor ce sections 195.2550 to 195.2635 in a manner that may
47 be re quir ed or mandated to redu ce the extent to which industrial hemp-derived
48 consumable pr oducts are sold or distributed to persons under twenty-one years of age
49 and shall conduct inspections at locations wher e such pr oducts are sold or distributed to
50 ensur e compliance with sections 195.2550 to 195.2635.
51 6. Nothing in this section shall pr ohibit law enforcem ent fr om using the
52 following persons to enforce the pro visions of this section:
53 (1) Any minor under eighteen years of age if the minor's par ent or legal
54 guardian has consented to the minor's involvement in the enfor cement effort; and
55 (2) Any person eighteen years of age or older and under twenty-one years of age
56 if the person has consented to his or her involvement in the enforcem ent effort.
195.2557. 1. Notwithstanding the provi sions of this chapter or chapter 579 or
2 any other pr ovision of law to the contrary , any person who manufactur es, pr ocesses,
3 packages, distributes, transports, or sells industrial hemp-derived consumable products
4 in accordance with sections 195.2550 to 195.2635 and rules pro mulgated ther eunder
5 shall not be subject to criminal pr osecution, civil penalty , administrative sanction, or
6 pr ofessional discipline under the laws of this state.
7 2. Except as specifically pr ovided in sections 195.2550 to 195.2635, any consumer
8 who purch ases, possesses, or uses an industrial hemp-derived consumable pr oduct
9 lawful under sections 195.2550 to 195.2635 shall not be subject to arre st, criminal
10 pr osecution, civil penalty , forfeitur e, or any other adverse action under state law .
11 3. Possession of an industrial hemp-derived consumable pr oduct lawful under
12 sections 195.2550 to 195.2635 shall not constitute pr obable cause or reas onable suspicion
13 for a stop, sear ch, seizur e, or arr est by any state or local law enfor cement officer .
14 4. Except as specifically pr ovided in sections 195.2550 to 195.2635, the possession
15 or use of lawful industrial hemp-derived consumable pr oducts shall not be grou nds for:
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16 (1) Denial of employment;
17 (2) Denial of education or public accommodations;
18 (3) Loss of child custody or visitation;
19 (4) Denial of state benefits; or
20 (5) The initiation of civil or criminal pro ceedings under state law .
195.2558. 1. No state agency , political subdivision, state or local law enforcem ent
2 officer , state or local pr osecutor , or state employee shall expend public funds, use
3 personnel, shar e information, or otherwise assist in the investigation, detention, arr est,
4 or pr osecution of any manufactur er , distributor , r etailer , or consumer for conduct
5 involving industrial hemp-derived consumable pr oducts that is lawful under sections
6 195.2550 to 195.2635.
7 2. This section shall not proh ibit compliance with a valid federal court order or
8 the sharing of information requi red under federal grant conditions unr elated to
9 enfor cement of federal drug laws.
10 3. A violation of this section shall constitute unauthorized use of public res ources
11 and may res ult in disciplinary action under state law .
195.2560. 1. A person or entity that is in the business of industrial hemp-derived
2 consumable pro ducts in this state, including any manufactur er , distributor , or ret ailer ,
3 shall obtain a license fr om the division authorizing the person or entity to engage in that
4 business prior to the commencement of the business or , for a business operating before
5 the effective date of the rules pro mulgated under sections 195.2550 to 195.2635, within a
6 time period specified by the division by rule.
7 2. Any person or entity engaging in the business of manufacturing or selling
8 industrial hemp-derived consumable prod ucts in this state without a valid license
9 r equir ed under sections 195.2550 to 195.2635 shall be subject to a fine not to exceed one
10 thousand dollars.
11 3. (1) Any license granted to a ret ailer shall be location specific. The division
12 shall r equir e a ret ailer to obtain a separate license for each location at which the r etailer
13 sells industrial hemp-derived consumable pr oducts for consumption.
14 (2) Any license granted to a manufactur er or distributor shall be location
15 specific. The division shall re quir e a manufactur er or distributor to obtain a separate
16 license for each location at which the manufactur er or distributor operates.
17 4. T o obtain and maintain a manufactur er , distributor , or r etailer license under
18 this section, a person or entity shall:
19 (1) Submit to the division information the division prescrib es as necessary for
20 the efficient enforcem ent of sections 195.2550 to 195.2635;
21 (2) For initial licensing, pay to the division a fee of:
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22 (a) For manufactur ers and distributors, five hundred dollars per location; and
23 (b) For ret ailers, two hundred fifty dollars per location; and
24 (3) Consent to inspection and sampling by the division of the person's or entity's
25 inventory of industrial hemp-derived consumable pro ducts.
26 5. A license issued under this section shall be valid for a period of one year and
27 may be renew ed annually . The division shall charge an annual ren ewal fee of:
28 (1) For manufactur ers and distributors, two hundred fifty dollars per location;
29 and
30 (2) For ret ailers, one hundred dollars per location.
31 6. The division may warn or place on prob ation the holder of a license, or
32 suspend, deny , or rev oke a license, for any violation of sections 195.2550 to 195.2635 or
33 the rules pr omulgated under sections 195.2550 to 195.2635.
34 7. No mor e than ninety days after the promulg ation of rules under sections
35 195.2550 to 195.2635, the division shall issue licenses for the manufactur e, distribution,
36 and sale of industrial hemp-derived consumable pr oducts in this state.
37 8. Notwithstanding any other pr ovision of this section, any applicant that meets
38 the r equir ements set forth in sections 195.2550 to 195.2635 shall be issued a license by
39 the division. Beginning July 1, 2027, a license application shall be automatically deemed
40 appr oved, and a license shall be issued, if the division fails to appr ove or deny the
41 application within forty-five days of the date of the submission of the application.
42 9. All fees payable under this section shall be collected by the division and
43 transmitted to the department of revenu e for deposit in the state tr easury to the cred it of
44 the hemp business fund established under section 195.2563.
45 10. (1) Beginning on the effective date of this section and continuing ther eafter ,
46 no new r etail establishments offering industrial hemp-derived consumable prod ucts
47 shall be located within one thousand feet of any educational institution, public or
48 private, prov iding elementary or secondary education to childr en at any level fr om
49 kindergarten thr ough grade twelve or at any equivalent level if the institution does not
50 use grade divisions.
51 (2) Notwithstanding the pr ovisions of subdivision (1) of this subsection, a reta il
52 establishment that was operating within one thousand feet of any educational institution
53 described in subdivision (1) of this subsection before the effective date of this section
54 that changes ownership on or after the effective date of this section shall be permitted to
55 operate in the same location.
195.2563. 1. There is her eby cr eated in the state trea sury the "Hemp Business
2 Fund", which shall consist of all fees authorized to be charged by the division under
3 section 195.2560 as well as the excise tax r evenue collected under sections 144.028 and
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4 195.2617 designated for deposit into the fund. The state tr easurer shall be custodian of
5 the fund. In accordance with sections 30.170 and 30.180, the state tr easurer may
6 appr ove disbursements. The fund shall be a dedicated fund and, upon appr opriation,
7 moneys in this fund shall be used solely for the administration of sections 195.2550 to
8 195.2635.
9 2. Notwithstanding the prov isions of section 33.080 to the contrary , any moneys
10 r emaining in the fund at the end of the biennium shall revert to the cred it of the hemp
11 industry grant fund established under section 195.2564.
12 3. The state tr easure r shall invest moneys in the fund in the same manner as
13 other funds ar e invested. Any interes t and moneys earned on such investments shall be
14 cr edited to the hemp industry grant fund established under section 195.2564.
195.2564. 1. The department of agricultur e shall establish a grant pr ogram to
2 support the state's hemp industry . The department shall award grants, in amounts to be
3 determined by the department, to eligible individuals and entities.
4 2. The department of agricultur e shall establish and post on its website eligibility
5 criteria, criteria for determining the amount and duration of grants, the contents of the
6 grant application, and the pro cedur es and timelines by which individuals and entities
7 may apply for grants.
8 3. As a condition of awarding a grant, the department of agricultur e shall
9 r equir e the individual or entity to use the grant moneys to engage in activities that
10 advance the gr owth and sustainability of the state's hemp industry including, but not
11 limited to, cultivation, process ing, res ear ch, market development, and workfor ce
12 training.
13 4. (1) Ther e is her eby cr eated in the state tr easury the "Hemp Industry Grant
14 Fund", which shall consist of any moneys cred ited to the fund in accordance with
15 section 195.2563. The state treasur er shall be custodian of the fund. In accordance with
16 sections 30.170 and 30.180, the state tr easurer may appr ove disbursements. The fund
17 shall be a dedicated fund and, upon appro priation, moneys in this fund shall be used
18 solely to award grants as pr ovided in this section.
19 (2) Notwithstanding the pro visions of section 33.080 to the contrary , any moneys
20 r emaining in the fund at the end of the biennium shall not r evert to the credit of the
21 general reven ue fund.
22 (3) The state tre asurer shall invest moneys in the fund in the same manner as
23 other funds ar e invested. Any interes t and moneys earned on such investments shall be
24 cr edited to the fund.
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195.2565. 1. Before April 1, 2027, the division shall pr omulgate rules on the
2 licensur e of industrial hemp-derived consumable pro duct businesses to implement the
3 pr ovisions of sections 195.2550 to 195.2635. The rules shall, at a minimum:
4 (1) Set forth application forms and guidelines for obtaining a license as an
5 industrial hemp-derived consumable pr oduct business;
6 (2) Specify the date by which industrial hemp-derived consumable pr oduct
7 businesses operating before the effective date of the rules pr omulgated under this
8 section shall obtain a license to continue operating; and
9 (3) Set forth requ irem ents for business operations in accordance with sections
10 195.2550 to 195.2635.
11 2. Any rule or portion of a rule, as that term is defined in section 536.010, that is
12 cr eated under the authority delegated in this section shall become effective only if it
13 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
14 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
15 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
16 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
17 then the grant of rulemaking authority and any rule pr oposed or adopted after the
18 effective date of this section shall be invalid and void.
195.2570. 1. Industrial hemp-derived consumable pr oducts shall be tested in
2 accordance with the r equir ements of this section. The division shall oversee all testing of
3 industrial hemp-derived consumable pr oducts.
4 2. (1) The division shall maintain and post on its website a regi stry of
5 independent testing laboratories, located both in this state and outside this state, that
6 ar e qualified to test intermediate manufactur ed material and finished pr oducts
7 containing an industrial hemp-derived cannabinoid.
8 (2) The division shall develop an application and pr ocess by which qualifying
9 laboratories, located both in this state and outside this state, ar e listed on its website. An
10 application submitted by a potentially qualifying laboratory shall include a sample
11 certificate of analysis issued by the applying laboratory .
12 (3) Notwithstanding the provi sions of subdivisions (1) and (2) of this subsection,
13 independent testing laboratories wishing to test industrial hemp-derived consumable
14 pr oducts subject to the r equir ements of sections 195.2550 to 195.2635 shall reg ister
15 immediately with the division.
16 (4) The division shall not have cause to examine, inspect, or r egulate any
17 r egister ed independent testing laboratory for compliance with the req uirements of
18 sections 195.2550 to 195.2635 so long as the laboratory demonstrates curr ent and valid:
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19 (a) Accr editation in accordance with standard ISO/IEC 17025 of the
2 0 International Organization for Standardization (ISO); or
21 (b) Registration with the federal Drug Enfor cement Administration.
22 3. (1) A manufactur er shall ensure its industrial hemp-derived consumable
23 pr oduct is tested prior to distribution to a distributor or prior to distribution to a
24 r etailer and shall be r esponsible for the cost of the testing.
25 (2) A distributor shall not be r equir ed to test the industrial hemp-derived
26 consumable pr oduct, excluding hemp flower or prod ucts containing hemp flower , if the
27 industrial hemp-derived consumable pr oduct is packaged in a manner that may be sold
28 to the ultimate consumer of the prod uct when deliver ed to the distributor and the
29 distributor does not open such package. A distributor shall be r equir ed to test the
30 industrial hemp-derived consumable pr oduct prior to distribution if the industrial
31 hemp-derived consumable pr oduct is not packaged in a manner that may be sold to the
32 ultimate consumer of the pro duct when deliver ed to the distributor or if the distributor
33 opens any package. A distributor requi red to test the industrial hemp-derived
34 consumable prod uct shall be res ponsible for the cost of the testing.
35 (3) A ret ailer shall not sell at re tail hemp flower or a pr oduct containing hemp
36 flower that is not accompanied by a certificate of analysis issued fr om an independent
37 testing laboratory within the previ ous one-year period demonstrating that the hemp
38 flower or pro duct containing hemp flower has a concentration of delta-9 THC of not
39 mor e than thr ee-tenths of one per cent on a dry-weight basis at the time of packaging.
40 (4) The testing req uired under this subsection shall determine the presence and
41 amounts of any of the substances listed in subsection 4 of this section. No prod uct that
42 contains mor e than the maximum amount indicated for any substance in subsection 4 of
43 this section shall be distributed or sold in this state.
44 4. (1) The division shall promul gate regu lations specifying pass or fail action
45 levels for safety and toxicity for industrial hemp-derived consumable pro ducts with
46 r espect to the testing req uired by this section. All industrial hemp-derived consumable
47 pr oducts offered for sale or distribution in this state shall be tested for the presence of
48 and amounts of the following substances:
49 (a) Heavy metals;
50 (b) Pesticides;
51 (c) Mycotoxins;
52 (d) Solvents; and
53 (e) Micr obials.
54 (2) Any rule or portion of a rule, as that term is defined in section 536.010, that is
55 cr eated under the authority delegated in this section shall become effective only if it
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56 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
57 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
58 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
59 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
60 then the grant of rulemaking authority and any rule pr oposed or adopted after the
61 effective date of this section shall be invalid and void.
62 (3) The rules pr omulgated by the division under this subsection on testing
63 r equir ements for industrial hemp-derived consumable prod ucts shall be the same as the
64 testing r equir ements for marijuana set forth in 19 CSR 100-1.1 10(7).
65 5. A manufactur er or distributor shall contract with an independent testing
66 laboratory to pr ovide the testing req uired under subsection 3 of this section.
67 6. An independent testing laboratory pr oviding testing re quir ed under
68 subsection 3 of this section shall use high-performance liquid chr omatography
69 (HPLC) or , when appr opriate, gas chr omatography , for potency testing.
70 7. Each industrial hemp-derived consumable prod uct tested in accordance with
71 this section shall be accompanied by a validly issued certificate of analysis fr om an
72 independent testing laboratory that demonstrates:
73 (1) The batch number;
74 (2) The date receive d;
75 (3) The date of completion;
76 (4) The method of analysis for each test conducted; and
77 (5) Pr oof that the certificate of analysis is connected to the pro duct.
78 8. Each batch manufactur ed shall undergo testing and obtain a certificate of
79 analysis by a state-r egistered independent testing laboratory .
80 9. An industrial hemp-derived consumable pr oduct shall have a best-by date on
81 the label that conforms with any applicable federal law and that shall be no mor e than
82 two years fr om the date of publication of the prod uct's laboratory testing report
83 r equir ed by subsection 3 of this section.
195.2575. 1. The label of an industrial hemp-derived consumable pr oduct
2 offer ed for distribution or sale in this state shall contain the following information, in
3 not less than thr ee-point font:
4 (1) Pr oduct name or common name, on the fr ont of the label;
5 (2) Brand name, on the fro nt of the label;
6 (3) Size of the container or net count of individual items, on the fr ont of the
7 label;
8 (4) Net weight or volume;
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9 (5) Suggested pr oduct use, including serving sizes if the prod uct is intended for
10 ingestion or inhalation;
11 (6) List of ingr edients, including:
12 (a) The amount of any advertised cannabinoid, in milligrams; and
13 (b) The amount of any primary cannabinoid, in milligrams;
14 (7) List of allergens if any of the major allergens identified by the United States
15 Food and Drug Administration (FDA) could be pr esent or if the pr oduct is
1 6 manufactur ed in a lab that uses any of those major allergens identified by the FDA
17 in the Food Allergen Labeling and Consumer Pr otection Act of 2004;
18 (8) The name and addr ess of the manufactur er or distributor;
19 (9) Batch number;
20 (10) A statement that use while preg nant or br east-feeding may be harmful;
21 (1 1) A statement that the prod uct contains industrial hemp-derived
2 2 cannabinoids and that consumption of certain cannabinoids may impair the
2 3 consumer's ability to drive or operate heavy machinery;
24 (12) A statement to keep out of the r each of children;
25 (13) A statement that the pro duct is only for persons twenty-one years of age or
26 older;
27 (14) A statement to consult a physician befor e use;
28 (15) A statement that consuming industrial hemp-derived consumable prod ucts
29 may res ult in a failed drug test; and
30 (16) A best-by date in accordance with section 195.2570.
31 2. The label of each industrial hemp-derived consumable prod uct shall include
32 the following text: "This pr oduct has not been evaluated by the Food and Drug
33 Administration. This prod uct is not intended to diagnose, tr eat, cure, mitigate, or
34 pr event any disease.".
35 3. Industrial hemp-derived consumable pro duct labels shall not:
36 (1) Bear any likeness or rea sonable r esemblance to a cartoon or fictional
37 character in a manner designed or reas onably likely to appeal to children ;
38 (2) Appear to imitate a food, candy , or other commonly available snack pr oduct
39 that is typically marketed toward or appealing to childr en; or
40 (3) Infringe upon any trademarks protect ed by the United States Patent and
41 T rademark Office or the Missouri office of the secr etary of state.
195.2580. 1. An industrial hemp-derived consumable pr oduct that is sold in this
2 state shall be labeled in accordance with section 195.2575 and include a quick res ponse
3 code that dir ects consumers to all label information r equir ed by section 195.2575 and all
4 information req uire d by section 195.2570.
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5 2. All industrial hemp-derived consumable pr oducts offer ed for sale in this state
6 other than industrial hemp-derived consumable beverage prod ucts shall satisfy the
7 child-r esistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in
8 accordance with the req uir ements set forth in 16 CFR 1700.20.
9 3. (1) An industrial hemp-derived consumable pro duct that is sold in this state
10 shall be manufactur ed in the United States under all applicable laws governing the
11 manufactur e of industrial hemp-derived pr oducts in its jurisdiction of origin including,
12 but not limited to, abiding by Curre nt Good Manufacturing Practices (CGMP) and
13 Generally Recognized as Safe (GRAS) standards.
14 (2) Notwithstanding the pr ovisions of subdivision (1) of this subsection,
15 cannabinoids are allowed in an industrial hemp-derived consumable prod uct despite not
16 having GRAS status. All ingr edients other than cannabinoids in the final industrial
17 hemp-derived consumable pr oduct shall have GRAS status.
18 4. Any industrial hemp-derived consumable prod uct that is sold in this state
19 shall not be sold without a validly issued certificate of analysis issued by an independent
20 testing laboratory within the pr evious twenty-four months.
21 5. Any industrial hemp-derived consumable pr oduct that is sold in this state and
22 that is intended for ingestion and that is not intended for inhalation, other than an
23 industrial hemp-derived consumable beverage prod uct, shall not:
24 (1) Be sold in a serving that contains mor e than twenty-five milligrams, in the
25 aggr egate, of delta-8 THC and delta-9 THC;
26 (2) Be formed in the shape of an animal or cartoon character;
27 (3) Be sold in such a manner that a single serving is less than one piece unless
28 serving sizes are clearly marked and easily divided without the use of a knife or tool; or
29 (4) Be sold in a container or package containing mor e than five hundr ed
30 milligrams, in the aggr egate, of delta-8 THC and delta-9 THC.
31 6. Any industrial hemp-derived consumable beverage prod uct intended for
32 ingestion that is sold in this state shall not:
33 (1) Be sold in a serving that contains mor e than ten milligrams, in the aggr egate,
34 of delta-8 THC and delta-9 THC;
35 (2) Be sold in a single-use package with mor e than ten milligrams, in the
36 aggr egate, of delta-8 THC and delta-9 THC unless:
37 (a) The package is res ealable with a child-r esistant cap;
38 (b) The package contains serving sizes of not mor e than ten milligrams, in the
39 aggr egate, of delta-8 THC and delta-9 THC and clearly indicates so on the package; and
40 (c) The volume of the final pro duct for the package is a minimum of seven
41 hundr ed fifty milliliters in total; or
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42 (3) Be sold in a container or package containing mor e than one hundr ed
43 milligrams, in the aggr egate, of delta-8 THC and delta-9 THC.
44 7. (1) Any industrial hemp-derived tinctur e containing delta-9 THC intended
45 for ingestion that is sold in this state shall not:
46 (a) Be sold in a one-ounce package containing mor e than eighty-five milligrams
47 of delta-9 THC; or
48 (b) Be sold in a two-ounce package containing mor e than one hundr ed seventy
49 milligrams of delta-9 THC.
50 (2) Any industrial hemp-derived tinctur e containing delta-8 THC or any other
51 psychoactive cannabinoid intended for ingestion that is sold in this state shall not:
52 (a) Be sold in a one-ounce package containing mor e than one hundred fifty
53 milligrams, in the aggr egate, of delta-8 THC and any other psychoactive cannabinoid;
54 or
55 (b) Be sold in a two-ounce package containing mor e than thr ee hundr ed
56 milligrams, in the aggr egate, of delta-8 THC and any other psychoactive cannabinoid.
57 (3) Any industrial hemp-derived tinctur e that is sold in this state shall not be
58 sold in a package of mor e than two ounces.
59 8. Any industrial hemp-derived consumable pr oduct intended for inhalation that
60 is a concentrate sold in this state shall not:
61 (1) Be sold in a container that contains mor e than five milliliters or five grams of
62 industrial hemp-derived cannabinoids, in the aggr egate, of delta-8 THC and delta-9
63 THC; or
64 (2) Contain any amount of vitamin E acetate oil in any quantity .
65 9. An industrial hemp-derived consumable pr oduct that is sold or offered for
66 sale in violation of sections 195.2550 to 195.2635 shall be subject to seizur e and
67 forfeitur e.
195.2585. 1. A ret ailer or manufactur er of an industrial hemp-derived
2 consumable pr oduct shall not advertise, market, or offer for sale an industrial hemp-
3 derived consumable pr oduct by using any trade dr ess, trademark, branding, or r elated
4 imagery or scenery that is pr ohibited under this section in the labeling or design of the
5 pr oduct or prod uct packaging or in advertising or marketing materials for the pr oduct.
6 2. Any trade dr ess, trademark, branding, or re lated imagery or scenery shall be
7 pr ohibited under this section if the trade dress , trademark, branding, or r elated
8 imagery or scenery depicts or signifies characters or symbols known to appeal primarily
9 to persons under twenty-one years of age or mimics commonly available candy or snack
10 pr oducts.
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11 3. Nothing in this section pr ohibits the use of drawings, illustrations, or artwork
12 depicting nonmythical creat ures, inanimate objects, scenery , humanoid characters,
13 fruit- or flavor -focused images, or any other items not known to appeal primarily to
14 persons under twenty-one years of age.
195.2590. 1. Sections 195.2550 to 195.2635 shall not be construed to permit a
2 person to undertake any task while impair ed by the use of an industrial hemp-derived
3 consumable pr oduct if doing so would constitute negligence or pro fessional malpractice.
4 2. (1) A person shall not operate, navigate, or be in actual physical control of a
5 motor vehicle, aircra ft, motorized water craft, or any other vehicle while impair ed by the
6 use of an industrial hemp-derived consumable prod uct.
7 (2) Conduct while intoxicated from the use of an industrial hemp-derived
8 consumable pr oduct shall be subject to the penalties for driving while intoxicated under
9 section 577.010 in the same manner that conduct while intoxicated fr om the use of any
10 other drug is subject to such penalties.
11 3. (1) A person shall not drive a motor vehicle on a public ro ad while consuming
12 an industrial hemp-derived consumable beverage prod uct.
13 (2) A person shall not possess an open container of an industrial hemp-derived
14 consumable beverage pr oduct while driving a motor vehicle on a public roa d.
15 (3) A violation of subdivision (1) or (2) of this subsection is an infraction for
16 which four points shall be assessed to the person's driving reco rd.
17 4. Sections 195.2550 to 195.2635 shall not r equir e an employer to accommodate
18 the use of an industrial hemp-derived consumable pr oduct in the workplace or an
19 employee working while impair ed by the use of an industrial hemp-derived consumable
20 pr oduct.
21 5. Sections 195.2550 to 195.2635 shall not exempt a person fr om pr osecution for
22 a criminal offense relat ed to impairment or intoxication res ulting from the use of an
23 industrial hemp-derived consumable pr oduct or rel ieve a person fr om any req uirement
24 under the law to submit to a br eath, blood, urine, or other test to detect the pr esence of a
25 contr olled substance.
195.2595. 1. Nothing in sections 195.2550 to 195.2635 shall pr ohibit industrial
2 hemp-derived consumable beverage pro duct manufactur ers fr om assigning exclusive
3 territories for distribution of industrial hemp-derived consumable beverage pr oducts.
4 2. (1) An industrial hemp-derived consumable beverage pr oduct manufactur er
5 shall not dir ectly solicit, sell, or otherwise convey industrial hemp-derived consumable
6 beverage pr oducts to ret ailers. Industrial hemp-derived consumable beverage pr oduct
7 manufactur ers are authorized to solicit and sell industrial hemp-derived consumable
8 beverage pr oducts to industrial hemp-derived consumable beverage produ ct
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9 distributors. Industrial hemp-derived consumable beverage pr oduct distributors are
10 authorized to solicit and sell industrial hemp-derived consumable beverage pr oducts to
11 industrial hemp-derived consumable beverage prod uct ret ailers.
12 (2) The pr ohibitions of this subsection shall not apply to any industrial hemp-
13 derived consumable beverage pro duct manufactur er who sells less than four thousand
14 five hundred gallons of the prod uct each year within this state.
15 (3) The pr ohibitions of this subsection shall not apply to any industrial hemp-
16 derived consumable beverage prod uct manufactur er before August 28, 2028.
195.2600. 1. Each industrial hemp-derived consumable pr oduct distributed or
2 available for distribution in this state shall be officially regi stered with the division and
3 shall comply with the r equir ements of this section.
4 2. Application for r egistration shall be made to the division on a form pr ovided
5 by the division and shall include the following information:
6 (1) The name and addr ess of the applicant;
7 (2) The name and addr ess of the person whose name will appear on the label if
8 such person is not the applicant;
9 (3) The name of the pr oduct;
10 (4) The type and use of the prod uct;
11 (5) A complete copy of the label as it will appear on the pr oduct in a legible
12 format;
13 (6) If the pr oduct has been assigned a National Drug Code in accordance with 21
14 CFR 207.33, the National Drug Code number; and
15 (7) The applicant's pr oof of using Curr ent Good Manufacturing Practices
16 (CGMP) and Generally Recognized as Safe (GRAS) standards as r equir ed under
17 sections 195.2550 to 195.2635.
18 3. The application for r egistration shall include a certificate of analysis for the
19 industrial hemp-derived consumable pr oduct that is fr om an independent testing
20 laboratory and that meets the req uirements set forth in rules promulg ated by the
21 division.
22 4. The division may deny registra tion for an incomplete application.
23 5. A new reg istration is req uired for any of the following:
24 (1) Any change in an industrial hemp-derived consumable prod uct's ingredients;
25 (2) Any change to the direction s for use; and
26 (3) Any change of name for the pr oduct.
27 6. Any change not described in subsection 5 of this section shall not requ ire a
28 new r egistration, but the regist rant shall submit copies of each label change to the
29 division as soon as the change is effective.
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30 7. The reg istrant is res ponsible for the accuracy and completeness of the
31 information submitted.
32 8. An industrial hemp-derived consumable pr oduct that has been discontinued
33 shall continue to be reg istered in the state until the pr oduct is no longer available for
34 distribution.
195.2605. 1. T esting of any industrial hemp-derived consumable pr oduct for
2 purposes of sections 195.2550 to 195.2635 shall be conducted on the industrial hemp-
3 derived consumable pr oduct in its final form in accordance with the r equir ements set
4 forth in section 195.2570.
5 2. The certificate of analysis for an industrial hemp-derived consumable pr oduct
6 shall repor t the test res ults re quir ed in section 195.2570 in specified units of measur e
7 and in accordance with the req uirements for an industrial hemp-derived consumable
8 pr oduct in section 195.2580.
195.2607. 1. The division shall conduct randomized inspections of industrial
2 hemp-derived consumable pr oducts distributed or available for distribution in this state
3 for compliance with the r equir ements of sections 195.2550 to 195.2635.
4 2. The division shall periodically sample, analyze, and test industrial hemp-
5 derived consumable pr oducts distributed within this state for compliance with
6 r egistration and labeling r equir ements and the certificate of analysis.
7 3. The division may conduct inspections of industrial hemp-derived consumable
8 pr oducts distributed or available for distribution for any rea son the division deems
9 necessary .
195.2610. 1. All r etail establishments and food service establishments offering
2 industrial hemp-derived consumable pr oducts shall be licensed by the division in
3 accordance with sections 195.2550 to 195.2635.
4 2. An industrial hemp-derived consumable pr oduct may be sold by on-pr emises
5 r etailers or in food service establishments if the industrial hemp-derived consumable
6 pr oduct has been r egistered in accordance with section 195.2600. Any other industrial
7 hemp-derived consumable pr oduct or class of prod ucts shall not be sold by on-pr emises
8 r etailers or in food service establishments.
9 3. A r etail establishment, on-pr emises r etailer , or food service establishment
10 shall not offer industrial hemp-derived consumable pr oducts at a temporary event or
11 festival unless the r etail establishment, on-pr emises ret ailer , or food service
1 2 establishment is licensed by the division in accordance with sections 195.2550 to
13 195.2635 and obtains a temporary event permit fr om the division. T o obtain the
14 temporary event permit, the r etail establishment, on-pr emises re tailer , or food service
15 establishment shall pay to the division a fee of twenty-five dollars.
HB 2768 18
16 4. A business that distributes, sells, or serves industrial hemp-derived
17 consumable pr oducts shall not permit any person who is under twenty-one years of
18 age to serve industrial hemp-derived consumable pro ducts unless the person is an
19 employee of the business who is eighteen years of age or older and under the direct
20 supervision of a person twenty-one years of age or older .
21 5. An industrial hemp-derived consumable prod uct shall not be sold for on-site
22 consumption unless the prospective pur chaser or recipi ent has pr esented proof of age or
23 an ordinary person would conclude on the basis of appearance that the pr ospective
24 pur chaser or recip ient is not under twenty-one years of age.
25 6. Except as set forth in this section, only pr epackaged r egister ed industrial
26 hemp-derived consumable pr oducts shall be offer ed for direct consumption at on-
27 pr emises ret ailers or food service establishments.
28 7. Industrial hemp-derived consumable pr oducts may be combined with
29 nonalcoholic ingestible beverage pr oducts at an on-pr emises ret ailer or food service
30 establishment.
31 8. On-pr emises ret ailers and food service establishments serving industrial
32 hemp-derived consumable pr oducts shall not pr ovide industrial hemp-derived
3 3 consumable prod ucts to individuals who ar e believed to be intoxicated.
34 9. An on-pr emises r etailer or food service establishment offering any industrial
35 hemp-derived consumable pr oduct shall pr ovide to consumers upon req uest:
36 (1) The common name of the prod uct; and
37 (2) The distributor or manufactur er of the pr oduct.
38 10. On-site sampling of industrial hemp-derived consumable pr oducts pr ovided
39 by a manufactur er at the manufactur er's place of business is permitted, pr ovided that
40 the persons sampling ar e twenty-one years of age or older and the sampling is conducted
41 in a manner that ref lects res ponsible serving practices.
195.2615. The division may regu late the advertising and pro motion of industrial
2 hemp-derived consumable pr oduct sales, but any such regul ation shall be no mor e
3 stringent than comparable state r egulations on the advertising and pr omotion of alcohol
4 sales.
195.2617. For all tax years beginning on or after January 1, 2027, an excise tax is
2 levied and imposed upon the ret ail sale of industrial hemp-derived consumable prod ucts
3 to consumers within this state at the rate and in the manner set forth in section 144.028.
195.2620. 1. As used in this section, the following terms mean:
2 (1) "Good cause":
3 (a) Failure by the industrial hemp-derived consumable beverage pr oduct
4 distributor to comply substantially with the provi sions of an agr eement or
HB 2768 19
5 understanding with the industrial hemp-derived consumable beverage pro duct
6 manufactur er if the prov isions ar e both essential and rea sonable;
7 (b) Use of bad faith or failure to observe reas onable commer cial standards of
8 fair dealing in the trade; or
9 (c) Revocation or suspension for mor e than thirty days of the industrial hemp-
10 derived consumable beverage prod uct distributor's state or local license requi red for the
11 normal operations of its business;
12 (2) "Good faith", the duty of each party to any franchise and all officers,
13 employees, or agents ther eof to act in a fair and equitable manner toward each other .
14 2. If mor e than one franchise for the same brand or brands of industrial hemp-
15 derived consumable beverage pro ducts is granted to differ ent industrial hemp-derived
16 consumable beverage pro duct distributors in this state, it shall be unlawful for any
17 industrial hemp-derived consumable beverage pr oduct manufactur er to discriminate
18 between the distributors with r espect to any of the terms, pr ovisions, and conditions of
19 these franchises.
20 3. Notwithstanding the terms, provi sions, and conditions of any franchise, no
21 industrial hemp-derived consumable beverage product manufactur er shall unilaterally
22 terminate or r efuse to continue or change substantially the condition of any franchise
23 with the industrial hemp-derived consumable beverage pr oduct distributor unless the
24 manufactur er has first established good cause for such termination, noncontinuance, or
25 change.
26 4. Any industrial hemp-derived consumable beverage product distributor may
27 bring an action in a court of competent jurisdiction against an industrial hemp-derived
28 consumable beverage pr oduct manufactur er for violation of any of the prov isions of this
29 section and may r ecover damages sustained by such distributor together with the costs
30 of the action and reas onable attorney's fees.
31 5. In any action br ought by an industrial hemp-derived consumable beverage
32 pr oduct distributor against an industrial hemp-derived consumable beverage pr oduct
33 manufactur er for termination, noncontinuance, or substantial change in violation of the
34 pr ovisions of this section, it is a complete defense for the industrial hemp-derived
35 consumable beverage pr oduct manufacturer to pr ove that the termination,
3 6 noncontinuance, or substantial change was done in good faith and for good cause.
195.2625. 1. Any manufactur er licensed under sections 195.2550 to 195.2635,
2 including its affiliates, officers, dire ctors, employees, and agents, shall be indemnified
3 fr om any and all claims, losses, liabilities, damages, costs, and expenses, including
4 r easonable attorney's fees and litigation costs, arising out of any:
HB 2768 20
5 (1) Untrue r epresent ation, br each of warranty , or nonfulfillment by any r etailer
6 or distributor of any obligation under sections 195.2550 to 195.2635;
7 (2) Negligent act or omission, or willful misconduct, of a ret ailer or distributor
8 licensed under sections 195.2550 to 195.2635, including its employees, agents, or
9 r epresent atives, in connection with industrial hemp-derived consumable pr oducts; or
10 (3) Bodily injury or prop erty damage to third parties arising from any conduct
11 by a r etailer or distributor licensed under sections 195.2550 to 195.2635 in connection
12 with:
13 (a) Any marketing, distribution, or sale of industrial hemp-derived consumable
14 pr oducts under sections 195.2550 to 195.2635, including the storage, transportation, and
15 delivery of the prod ucts; or
16 (b) Any actual or alleged defect in an industrial hemp-derived consumable
17 pr oduct or in the labeling or packaging of the pr oduct.
18 2. Any distributor licensed under sections 195.2550 to 195.2635, including its
19 affiliates, officers, dir ectors, employees, and agents, shall be indemnified fro m any and
20 all claims, losses, liabilities, damages, costs, and expenses, including r easonable
21 attorney's fees and litigation costs, arising out of any:
22 (1) Untrue r epresent ation, br each of warranty , or nonfulfillment by any
23 manufactur er or ret ailer of any obligation under sections 195.2550 to 195.2635;
24 (2) Negligent act or omission, or willful misconduct, of a manufactur er or
25 r etailer licensed under sections 195.2550 to 195.2635, including its employees, agents, or
26 r epresent atives, in connection with industrial hemp-derived consumable pr oducts; or
27 (3) Bodily injury or prop erty damage to third parties arising from any conduct
28 by a manufactur er or r etailer licensed under sections 195.2550 to 195.2635 in connection
29 with:
30 (a) Any marketing, distribution, or sale of industrial hemp-derived consumable
31 pr oducts under sections 195.2550 to 195.2635, including the storage, transportation, and
32 delivery of the prod ucts; or
33 (b) Any actual or alleged defect in an industrial hemp-derived consumable
34 pr oduct or in the labeling or packaging of the pr oduct.
35 3. Any reta iler licensed under sections 195.2550 to 195.2635, including its
36 affiliates, officers, dir ectors, employees, and agents, shall be indemnified fro m any and
37 all claims, losses, liabilities, damages, costs, and expenses, including r easonable
38 attorney's fees and litigation costs, arising out of any:
39 (1) Untrue r epresent ation, br each of warranty , or nonfulfillment by any
40 manufactur er or distributor of any obligation under sections 195.2550 to 195.2635;
HB 2768 21
41 (2) Negligent act or omission, or willful misconduct, of a manufactur er or
42 distributor licensed under sections 195.2550 to 195.2635, including its employees, agents,
43 or rep res entatives, in connection with industrial hemp-derived consumable pr oducts; or
44 (3) Bodily injury or prop erty damage to third parties arising from any conduct
45 by a manufactur er or distributor licensed under sections 195.2550 to 195.2635 in
46 connection with:
47 (a) Any marketing, distribution, or sale of industrial hemp-derived consumable
48 pr oducts under sections 195.2550 to 195.2635, including the storage, transportation, and
49 delivery of the prod ucts; or
50 (b) Any actual or alleged defect in an industrial hemp-derived consumable
51 pr oduct or in the labeling or packaging of the pr oduct.
195.2630. 1. As used in this section, the following terms mean:
2 (1) "Safe harbor hemp prod uct", an industrial hemp-derived compound or
3 industrial hemp-derived cannabinoid, whether a finished pro duct or in the pr ocess of
4 being prod uced, that is manufactur ed for distribution, prod uced for distribution,
5 packaged for distribution, pr ocessed for distribution, pr epar ed for distribution, tr eated
6 for distribution, transported for distribution, or held for distribution in this state for
7 export fr om this state for distribution or r esale but that is not sold or distributed in this
8 state;
9 (2) "Safe harbor manufactur er or storage facility", a facility that manufactur es
10 for distribution, pr oduces for distribution, packages for distribution, pr ocesses for
11 distribution, pr epar es for distribution, tr eats for distribution, transports for
1 2 distribution, or holds for distribution a safe harbor hemp pr oduct.
13 2. Sections 195.2550 to 195.2635 shall not apply to any:
14 (1) Safe harbor hemp pr oduct; or
15 (2) Safe harbor manufactur er or storage facility .
195.2635. 1. Befor e July 1, 2027, each school district in this state shall adopt and
2 enfor ce a written policy pr ohibiting at all times the use of any industrial hemp-derived
3 consumable pr oduct by any person in school buildings, in school facilities, on school
4 campuses, and in or on any other school pr operty owned or operated by the school
5 district. The policy shall also pr ohibit the use of any industrial hemp-derived
6 consumable pr oduct by persons attending a school-sponsored event at a location not
7 listed in this subsection if in the presence of students or school personnel or in an ar ea
8 wher e smoking or other use of an industrial hemp-derived consumable pro duct is
9 otherwise pr ohibited by law .
10 2. Notwithstanding the pr ovisions of subsection 1 of this section or any other
11 pr ovision of sections 195.2550 to 195.2635 to the contrary , a licensed health care
HB 2768 22
12 pr ofessional may administer an industrial hemp-derived consumable pro duct to a
13 student at a school under the following conditions:
14 (1) The student has a recomm endation fr om a licensed health car e pr ofessional
15 specifying the reas on for the administration, the suggested pro duct, and the suggested
16 dosage;
17 (2) The pare nt or legal guardian of the student has prov ided a letter giving
18 expr ess permission to administer the pro duct to the student in accordance with the
19 r ecommendation of the licensed health car e pr ofessional;
20 (3) For each industrial hemp-derived consumable pr oduct to be administer ed,
21 the student's paren t or legal guardian has submitted a validly issued certificate of
22 analysis from an independent testing laboratory with testing res ults that meet the
23 r equir ements of section 195.2570; and
24 (4) For each industrial hemp-derived consumable pr oduct to be administer ed,
25 no mor e than a thr ee-month supply of the pro duct is pr ovided to the school at any given
26 time.
27 3. Any industrial hemp-derived consumable pr oduct pr ovided to a school under
28 this section shall be kept in an ar ea that is inaccessible to other students, teachers, staff,
29 and administrators.
✔
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