HB219INTRODUCED
Page 0
4PF4II-1
By Representatives Bedsole, Drummond, Sells, Ingram, Paschal,
Kiel
RFD: Health
First Read: 23-Mar-23
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6 4PF4II-1 03/02/2023 PMG (L)tgw 2023-1013
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SYNOPSIS:
Under existing law, hemp and products derived
from hemp may be sold at retail in Alabama.
This bill would prohibit the sale, distribution,
marketing, or possession of psychoactive cannabinoids
derived from or found in hemp to any individual under
21 years of age.
This bill would also levy a five percent tax on
the gross proceeds of the sale of products containing
psychoactive cannabinoids.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
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because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to cannabis; to prohibit the sale,
distribution, marketing, or possession of psychoactive
cannabinoids found in hemp for certain age groups; to levy a
five percent tax on the gross proceeds of products containing
psychoactive cannabinoids sold at retail; and in connection
therewith would have as its purpose or effect the requirement
of a new or increased expenditure of local funds within the
meaning of Section 111.05 of the Constitution of Alabama of
2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) Except as provided in Chapter 2A of
Title 20, Code of Alabama 1975, psychoactive cannabinoids
derived from or found in hemp as defined in Section 2-8-381,
Code of Alabama 1975, including, but not limited to,
delta-8-tetrahydrocannabinol and
delta-10-tetrahydrocannabinol, shall not be sold, distributed,
marketed to, or possessed by an individual who is under 21
years of age.
(b) A violation of subsection (a) shall be a Class B
misdemeanor.
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Section 2. Commencing October 1, 2023, there is levied,
in addition to all other taxes of every kind now imposed by
law, and shall be collected and remitted in accordance with
Article 1, commencing with Section 40-23-1, of Chapter 23 of
Title 40, Code of Alabama 1975, a tax on the gross proceeds of
the sales of any product containing psychoactive cannabinoids
when sold at retail in this state at the rate of five percent
of the gross proceeds of the sales. For purposes of this
section, "psychoactive cannabinoids" means psychoactive
cannabinoids derived from or found in hemp as defined in
Section 2-8-381, Code of Alabama 1975, including, but not
limited to, delta-8-tetrahydrocannabinol and
delta-10-tetrahydrocannabinol, but does not include medical
cannabis regulated under Chapter 2A of Title 20, Code of
Alabama 1975.
Section 3. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 4. This act shall become effective on the first
day of the third month, following its passage and approval by
the Governor or its otherwise becoming law.
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