HB390ENROLLED Page 0 HB390 E6V8929-2 By Representative Crawford RFD: Health First Read: 02-Apr-24 1 2 3 4 5 HB390 Enrolled Page 1 First Read: 02-Apr-24 Enrolled, An Act, Relating to medical cannabis; to amend Sections 20-2A-3, 20-2A-50, 20-2A-51, 20-2A-52, 20-2A-53, 20-2A-57, 20-2A-59, 20-2A-62, and 20-2A-63, Code of Alabama 1975, to provide that the Alabama Medical Cannabis Commission is primarily responsible for the regulation, licensure, and enforcement of cannabis cultivation. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 20-2A-3, 20-2A-50, 20-2A-51, 20-2A-52, 20-2A-53, 20-2A-57, 20-2A-59, 20-2A-62, and 20-2A-63, Code of Alabama 1975, are amended to read as follows: "§20-2A-3 As used in this chapter, the following terms have the following meanings: (1) APPLICANT. The entity or individual seeking a license under Article 4. (2) BOARD. The State Board of Medical Examiners. (3) CANNABIS. a. Except as provided in paragraph b., all parts of any plant of the genus cannabis, whether growing or not, including the seeds, extractions of any kind from any part of the plant, and every compound, derivative, mixture, product, or preparation of the plant. b. The term does not include industrial hemp or hemp regulated under Article 11 of Chapter 8 of Title 2. (4) COMMISSION. The Alabama Medical Cannabis Commission created pursuant to Section 20-2A-20. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB390 Enrolled Page 2 created pursuant to Section 20-2A-20. (5) CULTIVATOR. An entity licensed by the Department of Agriculture and Industries commission under Section 20-2A-62 authorized to grow cannabis pursuant to Article 4. (6) DAILY DOSAGE. The total amount of one or more cannabis derivatives, including, but not limited to, cannabidiol and tetrahydrocannabinol, which may be present in a medical cannabis product that may be ingested by a registered qualified patient during a 24-hour period, as determined by a registered certifying physician. (7) DEPARTMENT. The Department of Agriculture and Industries. (8) DISPENSARY. An entity licensed by the commission under Section 20-2A-64 authorized to dispense and sell medical cannabis at dispensing sites to registered qualified patients and registered caregivers pursuant to Article 4. (9) DISPENSING SITE. A site operated by a dispensary licensee or an integrated facility licensee pursuant to Article 4. (10) ECONOMIC INTEREST. The rights to either the capital or profit interests of an applicant or licensee or, if the applicant or licensee is a corporation, the rights to some portion of all classes of outstanding stock in the corporation. (11) FACILITY or MEDICAL CANNABIS FACILITY. Any facility, or land associated with a facility, of a licensee. (12) INTEGRATED FACILITY. An entity licensed under Section 20-2A-67 authorized to perform the functions of a cultivator, processor, secure transporter, and dispensary 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB390 Enrolled Page 3 cultivator, processor, secure transporter, and dispensary pursuant to Article 4. (13) LICENSEE. A cultivator, processor, secure transporter, state testing laboratory, dispensary, or integrated facility licensed by the commission under Article 4. (14) MEDICAL CANNABIS. a. A medical grade product in the form of any of the following, as determined by rule by the commission, that contains a derivative of cannabis for medical use by a registered qualified patient pursuant to this chapter: 1. Oral tablet, capsule, or tincture. 2. Non-sugarcoated gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape. 3. Gel, oil, cream, or other topical preparation. 4. Suppository. 5. Transdermal patch. 6. Nebulizer. 7. Liquid or oil for administration using an inhaler. b. The term does not include any of the following: 1. Raw plant material. 2. Any product administered by smoking, combustion, or vaping. 3. A food product that has medical cannabis baked, mixed, or otherwise infused into the product, such as cookies or candies. (15) MEDICAL CANNABIS CARD. A valid card issued pursuant to Section 20-2A-36. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB390 Enrolled Page 4 pursuant to Section 20-2A-36. (16) MEDICAL USE or USE OF MEDICAL CANNABIS or USE MEDICAL CANNABIS. The acquisition, possession, use, delivery, transfer, or administration of medical cannabis authorized by this chapter. The term does not include possession, use, or administration of cannabis that was not purchased or acquired from a licensed dispensary. (17) PACKAGE. Any container that a processor may use for enclosing and containing medical cannabis. The term does not include any carry-out bag or other similar container. (18) PATIENT REGISTRY. The Alabama Medical Cannabis Patient Registry System that is an electronic integrated system that tracks physician certifications, patient registrations, medical cannabis cards, the daily dosage and type of medical cannabis recommended to qualified patients by registered certifying physicians, and the dates of sale, amounts, and types of medical cannabis that were purchased by registered qualified patients at licensed dispensaries. (19) PHYSICIAN CERTIFICATION. A registered certifying physician's authorization for a registered qualified patient to use medical cannabis. (20) PROCESSOR. An entity licensed by the commission under Section 20-2A-63 authorized to purchase cannabis from a cultivator and extract derivatives from the cannabis to produce a medical cannabis product or products for sale and transfer in packaged and labeled form to a dispensing site pursuant to Article 4. (21) QUALIFYING MEDICAL CONDITION. Any of the following conditions or symptoms of conditions, but only after 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB390 Enrolled Page 5 conditions or symptoms of conditions, but only after documentation indicates that conventional medical treatment or therapy has failed unless current medical treatment indicates that use of medical cannabis is the standard of care: a. Autism Spectrum Disorder (ASD). b. Cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain. c. Crohn's Disease. d. Depression. e. Epilepsy or a condition causing seizures. f. HIV/AIDS-related nausea or weight loss. g. Panic disorder. h. Parkinson's disease. i. Persistent nausea that is not significantly responsive to traditional treatment, except for nausea related to pregnancy, cannabis-induced cyclical vomiting syndrome, or cannabinoid hyperemesis syndrome. j. Post Traumatic Stress Disorder (PTSD). k. Sickle Cell Anemia. l. Spasticity associated with a motor neuron disease, including Amyotrophic Lateral Sclerosis. m. Spasticity associated with Multiple Sclerosis or a spinal cord injury. n. A terminal illness. o. Tourette's Syndrome. p. A condition causing chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective. (22) REGISTERED CAREGIVER. An individual who meets the 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 HB390 Enrolled Page 6 (22) REGISTERED CAREGIVER. An individual who meets the requirements described in subsection (c) of Section 20-2A-30 and is authorized to acquire and possess medical cannabis and to assist one or more registered qualified patients with the use of medical cannabis pursuant to this chapter. (23) REGISTERED CERTIFYING PHYSICIAN. A physician authorized by the State Board of Medical Examiners to certify patients for the use of medical cannabis under this chapter. (24) REGISTERED QUALIFIED PATIENT. Either of the following: a. An adult who meets the requirements described in subsection (a) of Section 20-2A-30 and is authorized to acquire, possess, and use medical cannabis pursuant to this chapter. b. A minor who meets the requirements described in subsection (b) of Section 20-2A-30 and is authorized to use medical cannabis pursuant to this chapter with the assistance of a registered caregiver. (25) SECURE TRANSPORTER. An entity licensed by the commission under Section 20-2A-65 authorized to transport cannabis or medical cannabis from one licensed facility or site to another licensed facility or site. (26) STATE TESTING LABORATORY. An entity licensed under Section 20-2A-66 authorized to test cannabis and medical cannabis to ensure the product meets safety qualifications required under this chapter. (27) STATEWIDE SEED-TO-SALE TRACKING SYSTEM. The tracking system established pursuant to Section 20-2A-54 that tracks all cannabis and medical cannabis in the state. 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 HB390 Enrolled Page 7 tracks all cannabis and medical cannabis in the state. (28) UNIVERSAL STATE SYMBOL. The image established by the commission pursuant to Section 20-2A-53 made available to processors which indicates the package contains medical cannabis." "§20-2A-50 (a) The state hereby preemptively regulates medical cannabis from seed to sale seed-to-sale and shall reasonably regulate and control all aspects of the medical cannabis industry to meet the intent of this chapter. All functions and activities relating to the production of medical cannabis in the state shall be licensed, and licenses shall be granted to integrated facilities, as well as to independent entities in the following categories: Cultivator, processor, dispensary, secure transporter, and testing laboratory. (b) The commission shall license ,and regulate, and enforce all aspects of medical cannabis under this article , excluding cultivation . The Department of Agriculture and Industries shall license and regulate the cultivation of cannabis. For integrated facility licenses, the commission and the department shall enter into a memorandum of understanding relating to the sharing of regulatory and licensing and enforcement authority over licensees with regard to the cultivation function The commission may seek and shall receive the cooperation of the Department of Agriculture and Industries in the regulation and enforcement of this article. The department may recover from the commission the department's costs of cooperation ." "§20-2A-51 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 HB390 Enrolled Page 8 "§20-2A-51 (a) Where the commission is authorized under this article to determine the number of licenses of a specific license category the commission will grant, or increase the number of licenses of a specific license category to grant, the commission shall consider the population of the state, the number of active registered qualified patients, market demand, the unemployment rate, the need for agricultural and other business opportunities in communities, access to health care, infrastructure, and other factors the commission deems relevant in providing the greatest benefits to the residents of this state and taking into account the racial and economic makeup of the state. (b) The commission , and where applicable the department, shall ensure that at least one-fourth of all licenses, or in the case of Section 20-2A-67, one-fifth of all licenses, are awarded to business entities at least 51 percent of which are owned by members of a minority group or, in the case of a corporation, at least 51 percent of the shares of the corporation are owned by members of a minority group, and are managed and controlled by members of a minority group in its daily operations. For purposes of this subsection, minority group means individuals of African American, Native American, Asian, or Hispanic descent. (c)(1) Notwithstanding any other provision of this chapter to the contrary, the commission shall not permit a dispensary to operate a dispensing site in any municipality or unincorporated area of a county unless the municipality or county has authorized the operation of dispensing sites within 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 HB390 Enrolled Page 9 county has authorized the operation of dispensing sites within its boundaries, as provided in subdivision (2). (2) Any county commission, by resolution, may authorize the operation of dispensing sites in the unincorporated areas of the county, and the governing body of any municipality, by ordinance, may authorize the operation of dispensing sites within the corporate limits of the municipality. The county commission or municipal governing body shall notify the commission not more than seven calendar days after adopting the resolution or ordinance. (3) This subsection does not prohibit a municipality from adopting zoning ordinances restricting the operation of dispensing sites within its corporate limits." "§20-2A-52 (a) The commission , and the department with regard to cultivation facilities, shall have all powers necessary and proper to fully and effectively oversee the operation of medical cannabis facilities licensed pursuant to this article, including the authority to do all of the following: (1) Investigate applicants for licenses, determine the eligibility for licenses, and grant licenses to applicants in accordance with this article and the rules. (2) Investigate all individuals employed by licensees. (3) At any time, through its investigators, agents, or auditors, without a warrant and without notice to the licensee, enter the premises, offices, facilities, or other places of business of a licensee, if evidence of compliance or noncompliance with this article or rules is likely to be found and consistent with constitutional limitations, for the 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 HB390 Enrolled Page 10 and consistent with constitutional limitations, for the following purposes: a. To inspect and examine all premises of licensees. b. To inspect and examine relevant records of the licensee and, if the licensee fails to cooperate with an investigation, impound, seize, assume physical control of, or summarily remove from the premises all books, ledgers, documents, writings, photocopies, correspondence, records, and videotapes, including electronically stored records, money receptacles, or equipment in which the records are stored. c. To inspect the person, and inspect or examine personal effects of an individual who holds a license, while that individual is present in a medical cannabis facility of the licensee. d. To investigate alleged violations of this article. (4) Investigate alleged violations of this article or rules and take appropriate disciplinary action against a licensee. (5) Require all relevant records of licensees, including financial or other statements, to be kept on the premises authorized for operation of the licensee or in the manner prescribed by the commission. (6) Eject, or exclude or authorize the ejection or exclusion of, an individual from the premises of a licensee if the individual violates this article, rules, or final orders of the commission; provided, however, the propriety of the ejection or exclusion is subject to a subsequent hearing by the commission. (7) Conduct periodic audits of licensees. 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 HB390 Enrolled Page 11 (7) Conduct periodic audits of licensees. (8) Take disciplinary action as the commission considers appropriate to prevent practices that violate this article and rules. (9) Take any other reasonable or appropriate action to enforce this article and rules. (b) The commission and department shall adopt rules addressing the frequency of conducting periodic inspections and audits of respective licensees. (c) The commission may enter into one or more memoranda of understanding with law enforcement agencies to assist with enforcement of this article. (d) The commission and department may seek and shall receive the cooperation and assistance of the Alabama State Law Enforcement Agency in conducting criminal background checks and in fulfilling its responsibilities under this article. The Alabama State Law Enforcement Agency may recover its costs of cooperation under this article. (e) The commission and department shall assist any prosecuting agency in the investigation or prosecution of a violation of a controlled substances law. (f) Nothing in this article shall affect the authority of the Alabama Department of Environmental Management to administer and enforce any existing law over which the Alabama Department of Environmental Management has jurisdiction." "§20-2A-53 (a) The commission , and the department with regard to cultivation, shall adopt rules as necessary to implement, administer, and enforce this article in a timely manner that 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 HB390 Enrolled Page 12 administer, and enforce this article in a timely manner that allows persons to begin applying for a license by September 1, 2022. Rules must ensure safety, security, and integrity of the operation of medical cannabis facilities, that do all of the following for each category of license: (1) Establish operating standards to ensure the health, safety, and security of the public and the integrity of medical cannabis facility operations. (2) Require a minimum of two million dollars ($2,000,000) of liability and casualty insurance and establish minimum levels of other financial guarantees, if appropriate, that licensees must maintain. (3) Establish qualifications and restrictions for individuals participating in or involved with operating medical cannabis facilities. (4) Establish an on-site inspection process to be conducted at each facility of an applicant prior to being issued a license, as well as ongoing on-site inspections of the facilities of a licensee. (5) Establish standards or requirements to ensure cannabis and medical cannabis remain secure at all times, including, but not limited to, requirements that all facilities of licensees remain securely enclosed and locked as appropriate. (6) Subject to Section 20-2A-66, establish testing standards, procedures, and requirements for medical cannabis sold at dispensaries. (7) Provide for the levy and collection of fines for a violation of this article or rules. 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 HB390 Enrolled Page 13 violation of this article or rules. (8) Establish annual license fees for each type of license, provided the fee shall be not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000), depending on the category of license. (9) Establish quality control standards, procedures, and requirements. (10) Establish chain of custody standards, procedures, and requirements. (11) In compliance with Chapters 27 and 30 of Title 22, establish standards, procedures, and requirements for waste product storage and disposal and chemical storage. (12) Establish standards, procedures, and requirements for securely and safely transporting medical cannabis between facilities. (13) Establish standards, procedures, and requirements for the storage of cannabis and medical cannabis. (14) Subject to Section 20-2A-63, establish packaging and labeling standards, procedures, and requirements for medical cannabis sold at dispensaries. (15) Establish marketing and advertising restrictions for medical cannabis products and medical cannabis facilities. (16) Establish standards and procedures for the renewal, revocation, suspension, and nonrenewal of licenses. (b) The commission, by rule, shall design a universal state symbol that is a color image and made available to licensed processors to include on all packages of medical cannabis, as required under Section 20-2A-63." "§20-2A-57 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 HB390 Enrolled Page 14 "§20-2A-57 (a) If any of the following occurs, the commission may deny, suspend, revoke, or restrict a license: (1) An applicant or licensee fails to comply with this article or rules. (2) A licensee no longer meets the eligibility requirements for a license under this article. (3) An applicant or licensee fails to provide information the commission requests to assist in any investigation, inquiry, or commission hearing. (b) The commission may impose civil fines of up to five thousand dollars ($5,000) against an individual and up to twenty-five thousand dollars ($25,000) or an amount equal to the daily gross receipts, whichever is greater, against a licensee for each violation of this article, rules, or an order of the commission. Assessment of a civil fine under this subsection is not a bar to the investigation, arrest, charging, or prosecution of an individual for any other violation of this article and is not grounds to suppress evidence in any criminal prosecution that arises under this article or any other law of this state. (c) The commission shall comply with the hearing procedures of the Administrative Procedure Act when denying, revoking, suspending, or restricting a license or imposing a fine. The commission may suspend a license without notice or hearing upon a determination that the safety or health of registered qualified patients, registered caregivers, or employees is jeopardized by continuing a facility's operation. If the commission suspends a license under this subsection 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 HB390 Enrolled Page 15 If the commission suspends a license under this subsection without notice or hearing, a prompt post-suspension hearing must be held to determine if the suspension should remain in effect. The suspension may remain in effect until the commission determines that the cause for suspension has been abated. The commission may revoke the license or approve a transfer or sale of the license upon a determination that the licensee has not made satisfactory progress toward abating the hazard. (d) Any party aggrieved by an action of the commission suspending, revoking, restricting, or refusing to renew a license, or imposing a fine, shall be given a hearing before the commission upon request. A request for a hearing must be made to the commission in writing within 21 days after service of notice of the action of the commission. Notice of the action of the commission must be served either by personal delivery or by certified mail, postage prepaid, to the aggrieved party. Notice served by certified mail is considered complete on the business day following the date of the mailing. (e) The commission may conduct investigative and contested case hearings; issue subpoenas for the attendance of witnesses; issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents; and administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties of the commission under this article. (f) Any person aggrieved by an action of the commission 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 HB390 Enrolled Page 16 (f) Any person aggrieved by an action of the commission or the department under this article, within 30 days after receiving notice of the action, may appeal the action to the circuit court in the county where the commission or department is located." "§20-2A-59 (a) The commission, prior to appointment, employment, or service for a licensee, shall require all officers, employees, contractors, and other individuals performing work of any character who would have access to cannabis, a medical cannabis facility, or related equipment or supplies, to submit to a state and national criminal background check. The commission shall determine the manner in which fingerprints of the individuals shall be submitted to the Alabama State Law Enforcement Agency along with a sufficient fee required to perform the criminal history records background check by the agency and the Federal Bureau of Investigation. Notwithstanding any state law to the contrary, all records related to any criminal background check conducted pursuant to this subsection shall be accessible and made available, upon request, by the commission. (b) If the criminal background check of a prospective officer, employee, or contractor indicates a pending charge or conviction within the past five years for a controlled substance-related felony or a controlled substance-related misdemeanor, a licensee may not appoint, hire, or contract with the prospective officer, employee, or contractor without written permission of the commission; provided, however, a licensee shall not consider any conviction overturned on 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 HB390 Enrolled Page 17 licensee shall not consider any conviction overturned on appeal or any charge that has been expunged pursuant to Chapter 27 of Title 15. (c) Each licensee shall enter all transactions, current inventory, and other information into the statewide seed-to-sale tracking system in accordance with rules adopted by the commission and the department ." "§20-2A-62 (a)(1) A cultivator license authorizes all of the following: a. The cultivation of cannabis. b. The sale or transfer of cannabis to a processor. c. If the cultivator contracts with a processor to process its cannabis into medical cannabis on the cultivator's behalf, the sale or transfer of medical cannabis to a dispensary. (2) A cultivator license authorizes the cultivator to transfer cannabis only by means of a secure transporter. (b) The commission shall consult with the Department of Agriculture and Industries when determining the number of cultivator licenses to issue, provided the commission shall issue no more than 12 cultivator licenses. (c) An applicant for a license under this section shall meet all of the following requirements: (1) Demonstrate the ability to secure and maintain cultivation facilities. (2) Demonstrate the ability to obtain and use an inventory control and tracking system as required under Section 20-2A-60. 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 HB390 Enrolled Page 18 Section 20-2A-60. (3) Demonstrate the ability to commence cultivation of cannabis within 60 days of application approval notification. (4) Demonstrate the ability to destroy unused or waste cannabis in accordance with rules adopted by the department. (5) Demonstrate the financial stability to provide proper testing of individual lots and batches. (d) A licensed cultivator shall comply with all of the following, in accordance with rules adopted by the department commission: (1) All facilities shall be protected by a monitored security alarm system, be enclosed, and remain locked at all times. (2) All individuals entering and exiting facilities shall be monitored by video surveillance and keypad or access card entry. (3) All employees may not have any conviction within the past 10 years for a controlled substance-related felony or a controlled substance-related misdemeanor other than a conviction that was overturned on appeal or a charge that was expunged pursuant to Chapter 27 of Title 15. (4) Cultivatars Cultivars selected by a licensee must be approved by the department commission prior to acquisition of plant material for cultivation. (e) A cultivator shall be subject to inspection by the department commission. (f) The cultivation of cannabis pursuant to this chapter shall be considered an agricultural purpose for purposes of Section 40-23-4. 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 HB390 Enrolled Page 19 purposes of Section 40-23-4. (g) Nothing in this section shall be construed to prohibit the hydroponic growing of cannabis. (h) The department shall consult with the commission when adopting rules pursuant to this article. " "§20-2A-63 (a)(1) A processor license authorizes all of the following: a. The purchase or transfer of cannabis from a cultivator. b. The processing of cannabis into medical cannabis which shall include properly packaging and labeling medical cannabis products, in accordance with this section. c. The sale or transfer of medical cannabis to a dispensary. (2) A processor license authorizes the processor to transfer medical cannabis only by means of a secure transporter. (b) The commission shall issue no more than four processor licenses. (c)(1) All medical cannabis products must be medical grade product, manufactured using documented good quality practices, and meet Good Manufacturing Practices, such that the product is shown to meet intended levels of purity and be reliably free of toxins and contaminants. Medical cannabis products may not contain any additives other than pharmaceutical grade excipients. (2) The department commission shall be responsible for enforcing Good Manufacturing Practices. 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 HB390 Enrolled Page 20 enforcing Good Manufacturing Practices. (d) Medical cannabis products may not be processed into a form that is attractive to or targets children, including all of the following which are prohibited: (1) Any product bearing any resemblance to a cartoon character, fictional character whose target audience is children or youth, or pop culture figure. (2) Any product bearing a reasonable resemblance to a product available for consumption as a commercially available candy. (3) Any product whose design resembles, by any means, another object commonly recognized as appealing to, or intended for use by, children. (4) Any product whose shape bears the likeness or contains characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon rendering. (e) All of the following shall apply to all packages and labels of medical cannabis products: (1) Labels, packages, and containers shall not be attractive to minors and may not contain any content that reasonably appears to target children, including toys, cartoon characters, and similar images. Packages shall be designed to minimize appeal to children and must contain a label that reads: "Keep out of reach of children." (2) All medical cannabis products must be packaged in child-resistant, tamper-evident containers. (3) All medical cannabis product labels shall contain, at a minimum, the following information: 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 HB390 Enrolled Page 21 at a minimum, the following information: a. Lot and batch numbers. b. A license identification number for the cultivator and a license identification number for the processor. c. Cannabinoids content and potency. d. The universal state symbol printed in color at least one-half inch by one-half inch in size. (f) The commission shall establish one universal flavor for all gelatinous cube, cuboid, and lozenge medical cannabis products. (g) The following statement shall be included on each label, if space permits, or as an insert within the package: "WARNING: This product may make you drowsy or dizzy. Do not drink alcohol with this product. Use care when operating a vehicle or other machinery. Taking this product with medication may lead to harmful side effects or complications. Consult your physician before taking this product with any medication. Women who are breastfeeding, pregnant, or plan to become pregnant should discuss medical cannabis use with their physicians." (h) Any advertisement and any package or label may not contain any false statement or statement that advertises health benefits or therapeutic benefits of medical cannabis. (i) The commission may require the implementation of a digital image such as a QR Code for purposes of tracking medical cannabis products. The digital image must interface with the statewide seed-to-sale tracking system. (j) The commission shall determine what information from the label shall be entered into the statewide 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 HB390 Enrolled Page 22 from the label shall be entered into the statewide seed-to-sale tracking system." Section 2. This act shall become effective on June 1, 2024. 589 590 591 HB390 Enrolled Page 23 2024. ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 16-Apr-24. John Treadwell Clerk Senate 08-May-24 Passed 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627