Alabama 2023 Regular Session

Alabama House Bill HB219 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB219INTRODUCED
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3	3	4PF4II-1
4	4	By Representatives Bedsole, Drummond, Sells, Ingram, Paschal,
5	5	Kiel
6	6	RFD: Health
7	7	First Read: 23-Mar-23
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13	13	6 4PF4II-1 03/02/2023 PMG (L)tgw 2023-1013
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15	15	SYNOPSIS:
16	16	Under existing law, hemp and products derived
17	17	from hemp may be sold at retail in Alabama.
18	18	This bill would prohibit the sale, distribution,
19	19	marketing, or possession of psychoactive cannabinoids
20	20	derived from or found in hemp to any individual under
21	21	21 years of age.
22	22	This bill would also levy a five percent tax on
23	23	the gross proceeds of the sale of products containing
24	24	psychoactive cannabinoids.
25	25	Section 111.05 of the Constitution of Alabama of
26	26	2022, prohibits a general law whose purpose or effect
27	27	would be to require a new or increased expenditure of
28	28	local funds from becoming effective with regard to a
29	29	local governmental entity without enactment by a 2/3
30	30	vote unless: it comes within one of a number of
31	31	specified exceptions; it is approved by the affected
32	32	entity; or the Legislature appropriates funds, or
33	33	provides a local source of revenue, to the entity for
34	34	the purpose.
35	35	The purpose or effect of this bill would be to
36	36	require a new or increased expenditure of local funds
37	37	within the meaning of the amendment. However, the bill
38	38	does not require approval of a local governmental
39	39	entity or enactment by a 2/3 vote to become effective
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67	67	28 HB219 INTRODUCEDHB219 INTRODUCED
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69	69	because it comes within one of the specified exceptions
70	70	contained in the amendment.
71	71	A BILL
72	72	TO BE ENTITLED
73	73	AN ACT
74	74	Relating to cannabis; to prohibit the sale,
75	75	distribution, marketing, or possession of psychoactive
76	76	cannabinoids found in hemp for certain age groups; to levy a
77	77	five percent tax on the gross proceeds of products containing
78	78	psychoactive cannabinoids sold at retail; and in connection
79	79	therewith would have as its purpose or effect the requirement
80	80	of a new or increased expenditure of local funds within the
81	81	meaning of Section 111.05 of the Constitution of Alabama of
82	82	2022.
83	83	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
84	84	Section 1. (a) Except as provided in Chapter 2A of
85	85	Title 20, Code of Alabama 1975, psychoactive cannabinoids
86	86	derived from or found in hemp as defined in Section 2-8-381,
87	87	Code of Alabama 1975, including, but not limited to,
88	88	delta-8-tetrahydrocannabinol and
89	89	delta-10-tetrahydrocannabinol, shall not be sold, distributed,
90	90	marketed to, or possessed by an individual who is under 21
91	91	years of age.
92	92	(b) A violation of subsection (a) shall be a Class B
93	93	misdemeanor.
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123	123	Section 2. Commencing October 1, 2023, there is levied,
124	124	in addition to all other taxes of every kind now imposed by
125	125	law, and shall be collected and remitted in accordance with
126	126	Article 1, commencing with Section 40-23-1, of Chapter 23 of
127	127	Title 40, Code of Alabama 1975, a tax on the gross proceeds of
128	128	the sales of any product containing psychoactive cannabinoids
129	129	when sold at retail in this state at the rate of five percent
130	130	of the gross proceeds of the sales. For purposes of this
131	131	section, "psychoactive cannabinoids" means psychoactive
132	132	cannabinoids derived from or found in hemp as defined in
133	133	Section 2-8-381, Code of Alabama 1975, including, but not
134	134	limited to, delta-8-tetrahydrocannabinol and
135	135	delta-10-tetrahydrocannabinol, but does not include medical
136	136	cannabis regulated under Chapter 2A of Title 20, Code of
137	137	Alabama 1975.
138	138	Section 3. Although this bill would have as its purpose
139	139	or effect the requirement of a new or increased expenditure of
140	140	local funds, the bill is excluded from further requirements
141	141	and application under Section 111.05 of the Constitution of
142	142	Alabama of 2022, because the bill defines a new crime or
143	143	amends the definition of an existing crime.
144	144	Section 4. This act shall become effective on the first
145	145	day of the third month, following its passage and approval by
146	146	the Governor or its otherwise becoming law.
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