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Missouri Senate Bill SB518

Missouri 2025 Regular Session

Missouri Senate Bill SB518 Compare Versions

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22 FIRST REGULAR SESSION
33 SENATE BILL NO. 518
44 103RD GENERAL ASSEMBLY
55 INTRODUCED BY SENATOR TRENT.
66 1513S.01I KRISTINA MARTIN, Secretary
77 AN ACT
88 To amend chapter 195, RSMo, by adding thereto eighteen new sections relating to hemp-derived
99 consumable products, with penalty provisions.
1010
1111 Be it enacted by the General Assembly of the State of Missouri, as follows:
1212 Section A. Chapter 195, RSMo , is amended by adding thereto 1
1313 eighteen new sections, to be known as sections 195.2550, 2
1414 195.2555, 195.2560, 195.2563, 195.2565, 195.2570, 195.2575, 3
1515 195.2580, 195.2585, 195.2590, 195.2595, 195.2600, 195.2605, 4
1616 195.2607, 195.2610, 195.2615, 195.2630, and 195. 2635, to read 5
1717 as follows:6
1818 195.2550. 1. Sections 195.2550 to 195.2635 shall be 1
1919 known and may be cited as the "Missouri Hemp Consumer 2
2020 Protection Act". 3
2121 2. As used in sections 195.2550 to 195.2635, unless 4
2222 the context otherwise requires, the fo llowing terms mean: 5
2323 (1) "Batch": 6
2424 (a) A specific quantity of hemp plants that are 7
2525 cultivated from the same seed or plant stock, that are 8
2626 cultivated together, that are intended to be harvested 9
2727 together, and that receive identical propagation a nd 10
2828 cultivation treatment; or 11
2929 (b) A specific quantity of hemp -derived consumable 12
3030 product, as defined by the manufacturer, that is 13
3131 manufactured at the same time and using the same methods, 14
3232 equipment, and ingredients; that is uniform and intended to 15 SB 518 2
3333 meet specifications for identity, strength, purity, and 16
3434 composition; and that is manufactured, packaged, and labeled 17
3535 according to a single batch production record executed and 18
3636 documented; 19
3737 (2) "Business", any of the following licensed under 20
3838 sections 195.2550 to 195.2635: 21
3939 (a) A hemp-derived consumable product distributor; 22
4040 (b) A hemp-derived consumable product retailer; or 23
4141 (c) A hemp-derived consumable product manufacturer; 24
4242 (3) "Certificate of analysis", a document from an 25
4343 independent testing laboratory that provides detailed 26
4444 results of hemp and hemp product testing, including batch 27
4545 number, date received, and method of analysis, ensuring that 28
4646 the product and the hemp used to manufacture the product 29
4747 comply with the state' s safety and potency standards; 30
4848 (4) "Counter", the point of purchase at a retail 31
4949 establishment; 32
5050 (5) "Department", the department of health and senior 33
5151 services; 34
5252 (6) "Distributor", a person or entity that purchases 35
5353 hemp-derived consumable products from manufacturers and 36
5454 sells them to retailers; 37
5555 (7) "Division", the division of alcohol and tobacco 38
5656 control of the department of public safety; 39
5757 (8) "Food service establishment", an establishment 40
5858 where food is prepared and served o n the premises; 41
5959 (9) "Hemp", the plant Cannabis sativa L. and any part 42
6060 of that plant, including the seeds thereof and all 43
6161 derivatives, extracts, cannabinoids, isomers, acids, salts, 44
6262 and salts of isomers, whether growing or not, with a delta -9 45
6363 tetrahydrocannabinol concentration of not more than three - 46
6464 tenths of one percent on a dry -weight basis; 47 SB 518 3
6565 (10) "Hemp-derived cannabinoid", any naturally 48
6666 occurring cannabinoid derived from a compound found in hemp 49
6767 including, but not limited to, delta -9 tetrahydrocannabinol 50
6868 (delta-9 THC), tetrahydrocannabinolic acid (THCA), 51
6969 cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol 52
7070 (CBN), cannabigerol (CBG), cannabichromene (CBC), 53
7171 cannabicyclol (CBL), cannabivarin (CBV), 54
7272 tetrahydrocannabivarin (THCV), ca nnabidivarin (CBDV), 55
7373 cannabicitran (CBT), delta -7 tetrahydrocannabinol (delta -7 56
7474 THC), delta-8 tetrahydrocannabinol (delta -8 THC), delta-10 57
7575 tetrahydrocannabinol (delta -10 THC), or hexahydrocannabinol 58
7676 (HHC); 59
7777 (11) "Hemp-derived consumable beverage p roduct", a 60
7878 hemp-derived consumable product that is a liquid intended 61
7979 for ingestion and that is not a tincture; 62
8080 (12) "Hemp-derived consumable product", a finished 63
8181 good that is intended for human ingestion or inhalation, 64
8282 that contains at least one hemp-derived cannabinoid, and 65
8383 that does not contain a delta -9 THC concentration of more 66
8484 than three-tenths of one percent on a dry -weight basis but 67
8585 may contain concentrations of other hemp -derived 68
8686 cannabinoids in excess of such amount. The term "hemp- 69
8787 derived consumable product" shall not include any hemp 70
8888 product intended for topical application or any hemp seeds 71
8989 or hemp-seed-derived ingredients that are generally 72
9090 recognized as safe by the United States Food and Drug 73
9191 Administration; 74
9292 (13) "Independent testing laboratory", a laboratory 75
9393 that meets all of the following conditions: 76
9494 (a) Holds an International Organization for 77
9595 Standardization (ISO) 17025 accreditation or is registered 78 SB 518 4
9696 with the Drug Enforcement Administration in accordance wit h 79
9797 21 CFR 1301.13; 80
9898 (b) Does not have a direct or indirect interest in the 81
9999 entity whose product or material is being tested; 82
100100 (c) Does not have a direct or indirect interest in a 83
101101 facility that cultivates, processes, distributes, dispenses, 84
102102 or sells hemp-derived consumable products in this state or 85
103103 any other jurisdiction; and 86
104104 (d) Performs tetrahydrocannabinol concentration 87
105105 sampling and testing using the high -performance liquid 88
106106 chromatography (HPLC) method or the gas chromatography -mass 89
107107 spectrometry (GC-MS) method, as appropriate for the material 90
108108 being tested, in a manner that ensures that the testing does 91
109109 not alter the chemical composition of the cannabinoids; 92
110110 (14) "Ingestion", the process of consuming a hemp - 93
111111 derived consumable product through the mouth by swallowing 94
112112 into the gastrointestinal system; 95
113113 (15) "Inhalation", the process of consuming a hemp - 96
114114 derived consumable product through the respiratory system 97
115115 via the mouth or nasal passageway; 98
116116 (16) "License", a license issued in accordance with 99
117117 sections 195.2550 to 195.2635; 100
118118 (17) "Manufacture", to compound, blend, extract, 101
119119 infuse, cook, or otherwise make or prepare products 102
120120 containing a hemp-derived cannabinoid, including the 103
121121 processes of extraction, infusi on, packaging, repackaging, 104
122122 labeling, and relabeling of products containing a hemp - 105
123123 derived cannabinoid; 106
124124 (18) "Manufacturer", any person who engages in the 107
125125 process of manufacturing, preparing, or packaging hemp - 108
126126 derived consumable products; 109 SB 518 5
127127 (19) "Proof of age", a valid driver's license or other 110
128128 government-issued identification card that contains a 111
129129 photograph of the person and confirms the person's age as 112
130130 twenty-one years of age or older; 113
131131 (20) "Retail establishment", a place of busines s open 114
132132 to the general public for the sale of goods or services; 115
133133 (21) "Retailer", a person or entity that sells hemp - 116
134134 derived consumable products for consumption and not for 117
135135 resale; 118
136136 (22) "Safe harbor hemp product", a hemp -derived 119
137137 compound or hemp-derived cannabinoid, whether a finished 120
138138 product or in the process of being produced, that is 121
139139 manufactured for distribution, produced for distribution, 122
140140 packaged for distribution, processed for distribution, 123
141141 treated for distribution, transported for distribution, or 124
142142 held for distribution in this state for export from this 125
143143 state but that is not sold at retail in this state; 126
144144 (23) "Safe harbor manufacturer or storage facility", a 127
145145 facility that manufactures for distribution, produces for 128
146146 distribution, packages for distribution, processes for 129
147147 distribution, prepares for distribution, treats for 130
148148 distribution, transports for distribution, or holds for 131
149149 distribution a safe harbor hemp product; 132
150150 (24) "Serving", a quantity of a hemp -derived 133
151151 consumable product recommended for consumption at a single 134
152152 time as indicated on the packaging as a single piece, that 135
153153 is easily identified as breakable by indent, or that is 136
154154 measurable by fluid ounce; 137
155155 (25) "Tincture", a hemp-derived consumable produc t 138
156156 that is in the form of liquid, that is not a beverage or 139
157157 intended for drinking but that is intended for human 140 SB 518 6
158158 consumption, and that contains hemp suspended in a 141
159159 consumable base liquid. 142
160160 195.2555. 1. A person shall not knowingly: 1
161161 (1) Sell or distribute a hemp -derived consumable 2
162162 product to a person who is under twenty -one years of age; 3
163163 (2) Purchase a hemp-derived consumable product on 4
164164 behalf of a person who is under twenty -one years of age; 5
165165 (3) Persuade, entice, send, or assist a person who is 6
166166 under twenty-one years of age to purchase, acquire, receive, 7
167167 or attempt to purchase a hemp -derived consumable product; 8
168168 (4) Distribute hemp-derived consumable products in or 9
169169 on a public street, sidewalk, or park witho ut obtaining a 10
170170 temporary event permit from the division; or 11
171171 (5) Sell or distribute a hemp -derived consumable 12
172172 product without having first obtained proof of age from the 13
173173 prospective purchaser or recipient unless an ordinary person 14
174174 would conclude on the basis of appearance that the 15
175175 prospective purchaser or recipient is not under twenty -one 16
176176 years of age. 17
177177 2. (1) A person under twenty -one years of age shall 18
178178 not knowingly: 19
179179 (a) Purchase or accept receipt of a hemp -derived 20
180180 consumable product; or 21
181181 (b) Present purported proof of age that is false or 22
182182 fraudulent or that does not actually identify the person for 23
183183 the purpose of purchasing or receiving a hemp -derived 24
184184 consumable product. 25
185185 (2) Notwithstanding the provisions of subdivis ion (1) 26
186186 of this subsection to the contrary, it shall be lawful, and 27
187187 shall not constitute a violation of sections 195.2550 to 28
188188 195.2635, for a person under twenty -one years of age to: 29 SB 518 7
189189 (a) Consume hemp-derived consumable products under the 30
190190 supervision of the person's parent or legal guardian or in 31
191191 accordance with the provisions of section 195.2635; or 32
192192 (b) Purchase, accept receipt of, possess, consume, or 33
193193 use a hemp-derived consumable product if the person is 34
194194 eighteen years of age or older an d a veteran, as defined in 35
195195 section 42.002. Any activity prohibited under sections 36
196196 195.2550 to 195.2635 based on age shall be lawful if the 37
197197 person under twenty-one years of age meets the criteria set 38
198198 forth in this paragraph and the seller or distributo r of the 39
199199 hemp-derived consumable product obtains proof of the 40
200200 person's veteran status. 41
201201 3. With the exception of any hemp -derived consumable 42
202202 beverage product that does not contain more than ten 43
203203 milligrams per single serving of delta -8 THC, delta-9 THC, 44
204204 or delta-10 THC, or any combination thereof, a retailer or 45
205205 retail establishment shall maintain any hemp -derived 46
206206 consumable product on or behind the counter, in a locked 47
207207 cabinet, or in an area or retail establishment restricted to 48
208208 adults twenty-one years of age or older. Any hemp-derived 49
209209 consumable beverage product, including those in cases or 50
210210 boxes, offered for retail sale shall be merchandised in a 51
211211 manner that clearly indicates to consumers, by way of 52
212212 signage, shelf-talkers, stickers, or ot her comparable means, 53
213213 that the product contains hemp -derived cannabinoids and is 54
214214 for sale only to persons twenty -one years of age or older. 55
215215 4. Any person who violates any provision of this 56
216216 section shall be subject to a fine not to exceed two hundr ed 57
217217 fifty dollars for a first violation, to be paid into the 58
218218 state school moneys fund established under section 166.051 59
219219 as provided by law for other fines and penalties. The 60 SB 518 8
220220 penalty for any second or subsequent violation shall be a 61
221221 class D misdemeanor. 62
222222 5. The division shall enforce sections 195.2550 to 63
223223 195.2635 in a manner that may reasonably be expected to 64
224224 reduce the extent to which hemp -derived consumable products 65
225225 are sold or distributed to persons under twenty -one years of 66
226226 age and shall conduct inspections at locations where such 67
227227 products are sold or distributed to ensure compliance with 68
228228 sections 195.2550 to 195.2635. 69
229229 6. Notwithstanding the provisions of this chapter or 70
230230 chapter 579 or any other provision of law to the contrary, 71
231231 any purchase, possession, consumption, use, manufacture, 72
232232 transportation, or distribution of any hemp -derived 73
233233 consumable product that complies with the provisions of 74
234234 sections 195.2550 to 195.2635 shall be lawful. 75
235235 195.2560. 1. The division shall issue licenses for 1
236236 the manufacture and sale of hemp -derived consumable products 2
237237 in this state. 3
238238 2. Any person or entity that is in the business of 4
239239 hemp-derived consumable products in this state, including 5
240240 any manufacturer, distributor, o r retailer, shall obtain a 6
241241 license from the division authorizing the person or entity 7
242242 to engage in that business prior to the commencement of the 8
243243 business or, for a business operating before the effective 9
244244 date of the rules promulgated under sections 19 5.2550 to 10
245245 195.2635, within a time period specified by the division by 11
246246 rule. 12
247247 3. Any person or entity engaging in the business of 13
248248 manufacturing or selling hemp -derived consumable products in 14
249249 this state without a valid license required under section s 15
250250 195.2550 to 195.2635 shall be subject to a fine not to 16
251251 exceed two hundred fifty dollars. 17 SB 518 9
252252 4. To obtain and maintain a manufacturer, distributor, 18
253253 or retailer license under this section, a person or entity 19
254254 shall: 20
255255 (1) Submit to the division a n application that 21
256256 includes: 22
257257 (a) The name and address of the applicant; and 23
258258 (b) If the applicant is a retailer, the legal 24
259259 description of the location to be used for sales; 25
260260 (2) Pay to the division a fee determined by the 26
261261 division but not to exceed: 27
262262 (a) For manufacturers and distributors, two hundred 28
263263 fifty dollars; and 29
264264 (b) For retailers, one hundred dollars; and 30
265265 (3) Consent to reasonable inspection and sampling by 31
266266 the division of the applicant's inventory of hemp -derived 32
267267 consumable products. 33
268268 5. A license issued under this section shall be valid 34
269269 for a period of one year and may be renewed annually. The 35
270270 division shall charge an annual renewal fee equal to the 36
271271 initial licensing fee. 37
272272 6. The division shall e stablish guidelines for small - 38
273273 scale producers to promote the development of local hemp 39
274274 manufacturers focused on the production of edibles, 40
275275 inhalables, and beverages. 41
276276 7. Notwithstanding any other provision of this section 42
277277 to the contrary, any appl icant that meets the requirements 43
278278 set forth in sections 195.2550 to 195.2635 shall be issued a 44
279279 license by the division. A license application shall be 45
280280 automatically deemed approved, and a license shall be 46
281281 issued, if the division fails to approve or de ny the 47
282282 application within ninety days of the date of the submission 48
283283 of the application. 49 SB 518 10
284284 8. All fees payable under this section shall be 50
285285 collected by the division and transmitted to the department 51
286286 of revenue for deposit in the state treasury to th e credit 52
287287 of the hemp business fund established under section 195.2563. 53
288288 9. (1) Beginning August 28, 2025, and continuing 54
289289 thereafter, no new retail establishments offering hemp - 55
290290 derived consumable products shall be located within one 56
291291 hundred feet of any educational institution, public or 57
292292 private, providing elementary or secondary education to 58
293293 children at any level from kindergarten through grade twelve 59
294294 or at any equivalent level if the institution does not use 60
295295 grade divisions. 61
296296 (2) Notwithstanding the provisions of subdivision (1) 62
297297 of this subsection, a retail establishment that was 63
298298 operating within one hundred feet of any educational 64
299299 institution described in subdivision (1) of this subsection 65
300300 before August 28, 2025, that changes ownershi p on or after 66
301301 August 28, 2025, shall be permitted to operate in the same 67
302302 location. 68
303303 195.2563. 1. There is hereby created in the state 1
304304 treasury the "Hemp Business Fund". All fees authorized to 2
305305 be charged by the division under sectio n 195.2560 shall be 3
306306 collected by the director of the division and shall be 4
307307 transmitted to the department of revenue for deposit in the 5
308308 state treasury for credit to this fund. The state treasurer 6
309309 shall be custodian of the fund. In accordance with sect ions 7
310310 30.170 and 30.180, the state treasurer may approve 8
311311 disbursements. The fund shall be a dedicated fund and, upon 9
312312 appropriation, moneys in this fund shall be used solely for 10
313313 the administration of sections 195.2550 to 195.2635. 11
314314 2. Notwithstanding the provisions of section 33.080 to 12
315315 the contrary, any moneys remaining in the fund at the end of 13 SB 518 11
316316 the biennium shall not revert to the credit of the general 14
317317 revenue fund. 15
318318 3. The state treasurer shall invest moneys in the fund 16
319319 in the same manner as other funds are invested. Any 17
320320 interest and moneys earned on such investments shall be 18
321321 credited to the fund. 19
322322 195.2565. 1. Before April 1, 2026, the division shall 1
323323 promulgate rules on the licensure of hemp -derived consumable 2
324324 product businesses to implement the provisions of sections 3
325325 195.2550 to 195.2635. The rules shall, at a minimum: 4
326326 (1) Set forth application forms and guidelines for 5
327327 obtaining a license as a hemp -derived consumable product 6
328328 business; 7
329329 (2) Specify the date by which hemp -derived consumable 8
330330 product businesses operating before the effective date of 9
331331 the rules promulgated under this section shall obtain a 10
332332 license to continue operating; 11
333333 (3) Set forth requirements for business operations in 12
334334 accordance with sections 195.2550 to 195.2635; and 13
335335 (4) Specify the procedures for the denial or 14
336336 revocation of licenses based on violations of sections 15
337337 195.2550 to 195.2635, including administrative appeals of 16
338338 such decisions. 17
339339 2. Any rule or portion of a rule, as that term is 18
340340 defined in section 536.010, that is created under the 19
341341 authority delegated in this section shall become effective 20
342342 only if it complies with and is subject to all of the 21
343343 provisions of chapter 536 and, if applicable, section 22
344344 536.028. This section and chapter 536 are nonseverable and 23
345345 if any of the powers vested with the general assembly 24
346346 pursuant to chapter 536 to review, to delay the effective 25
347347 date, or to disapprove and annul a rule are subsequently 26 SB 518 12
348348 held unconstitutional, th en the grant of rulemaking 27
349349 authority and any rule proposed or adopted after August 28, 28
350350 2025, shall be invalid and void. 29
351351 195.2570. 1. Hemp-derived consumable products and any 1
352352 hemp used to manufacture hemp -derived consumable products 2
353353 shall be tested in accordance with the requirements of this 3
354354 section. The department of health and senior services shall 4
355355 oversee all testing required under this section. 5
356356 2. (1) The department shall maintain and post on its 6
357357 website a registry of independent testing laboratories, 7
358358 located both in this state and outside this state, that are 8
359359 qualified to test intermediate manufactured material and 9
360360 finished products containing a hemp -derived cannabinoid. 10
361361 (2) The department shall develop an app lication and 11
362362 process by which qualifying laboratories, located both in 12
363363 this state and outside this state, are listed on its 13
364364 website. An application submitted by a potentially 14
365365 qualifying laboratory shall include a sample certificate of 15
366366 analysis issued by the applying laboratory and provide proof 16
367367 of the laboratory's International Organization for 17
368368 Standardization (ISO) 17025 accreditation or registration 18
369369 with the Drug Enforcement Administration in accordance with 19
370370 21 CFR 1301.13. 20
371371 (3) An application submitted under subdivision (2) of 21
372372 this subsection shall be automatically deemed approved if 22
373373 the department fails to take any action on the application 23
374374 within ninety days of the date of the submission of the 24
375375 application. 25
376376 (4) Notwithstanding the provisions of subdivisions (1) 26
377377 to (3) of this subsection to the contrary, independent 27
378378 testing laboratories wishing to test hemp and hemp -derived 28
379379 consumable products subject to the requirements of sections 29 SB 518 13
380380 195.2550 to 195.2635 shall register immediat ely with the 30
381381 department. 31
382382 3. A manufacturer shall ensure that the hemp used in 32
383383 the manufacturing of hemp -derived consumable products 33
384384 undergoes full-panel testing under subsection 5 of this 34
385385 section. If the hemp used in the manufacturing of a hemp - 35
386386 derived consumable product has valid full -panel test 36
387387 results, the hemp-derived consumable product shall be 37
388388 required to undergo only potency testing. Any hemp that 38
389389 contains more than the maximum amount indicated for any 39
390390 substance in subsection 5 of th is section shall not be used 40
391391 to manufacture hemp-derived consumable products to be 41
392392 offered for sale or distribution in this state. 42
393393 4. A distributor shall ensure its hemp -derived 43
394394 consumable product is tested for potency prior to 44
395395 distribution to a retailer. The test results for potency 45
396396 shall be documented and maintained by the distributor. 46
397397 5. (1) The department shall promulgate regulations 47
398398 specifying pass or fail action levels for safety and 48
399399 toxicity for hemp used to manufacture hemp -derived 49
400400 consumable products. Any hemp to be used in the manufacture 50
401401 of hemp-derived consumable products offered for sale or 51
402402 distribution in this state shall be tested for the presence 52
403403 of and amounts of the following substances: 53
404404 (a) Heavy metals; 54
405405 (b) Pesticides; 55
406406 (c) Mycotoxins; 56
407407 (d) Solvents; and 57
408408 (e) Microbials. 58
409409 (2) Any rule or portion of a rule, as that term is 59
410410 defined in section 536.010, that is created under the 60
411411 authority delegated in this section shall become effecti ve 61 SB 518 14
412412 only if it complies with and is subject to all of the 62
413413 provisions of chapter 536 and, if applicable, section 63
414414 536.028. This section and chapter 536 are nonseverable and 64
415415 if any of the powers vested with the general assembly 65
416416 pursuant to chapter 536 to review, to delay the effective 66
417417 date, or to disapprove and annul a rule are subsequently 67
418418 held unconstitutional, then the grant of rulemaking 68
419419 authority and any rule proposed or adopted after August 28, 69
420420 2025, shall be invalid and void. 70
421421 6. Manufacturers and distributors shall contract with 71
422422 an independent testing laboratory to provide the testing 72
423423 required under this section. 73
424424 7. An independent testing laboratory providing full - 74
425425 panel or potency testing required under this section shall 75
426426 use the high-performance liquid chromatography (HPLC) method 76
427427 or gas chromatography -mass spectrometry (GC -MS) method, as 77
428428 appropriate for the material being tested, in a manner that 78
429429 ensures that the testing does not alter the chemical 79
430430 composition of the cannabi noids. 80
431431 8. Each batch of hemp used to manufacture hemp -derived 81
432432 consumable products shall be accompanied by a validly issued 82
433433 certificate of analysis from an independent testing 83
434434 laboratory that demonstrates: 84
435435 (1) The batch number; 85
436436 (2) The date received; 86
437437 (3) The date of completion; 87
438438 (4) The method of analysis for each test conducted on 88
439439 the hemp under subsection 5 of this section; and 89
440440 (5) Proof that the certificate of analysis is 90
441441 connected to the batch of hemp. 91
442442 9. Each hemp-derived consumable product shall be 92
443443 accompanied by the certificate of analysis for the hemp used 93 SB 518 15
444444 to manufacture the hemp -derived consumable product as well 94
445445 as a validly issued certificate of analysis from an 95
446446 independent testing laboratory on the hemp-derived 96
447447 consumable product that demonstrates: 97
448448 (1) The batch number for the product; 98
449449 (2) The date received; 99
450450 (3) The date of completion; 100
451451 (4) The method of analysis for the potency test 101
452452 conducted on the product; and 102
453453 (5) Proof that the certificate of analysis is 103
454454 connected to the product. 104
455455 10. A manufacturer shall provide certificates of 105
456456 analysis to inspectors upon request. A retailer shall 106
457457 maintain certificates of analysis for each batch of hemp - 107
458458 derived consumable product that the retailer sells and 108
459459 provide the certificates of analysis to inspectors, upon 109
460460 request, at any time during the three -year period following 110
461461 the date on which the hemp -derived consumable product was 111
462462 manufactured. 112
463463 11. If a hemp-derived consumable product does not have 113
464464 a certificate of analysis demonstrating that full -panel 114
465465 testing was conducted under subsection 5 of this section on 115
466466 the hemp used to manufacture the hemp -derived consumable 116
467467 product, a certificate of analysis demonstra ting that full- 117
468468 panel testing was conducted under subsection 5 of this 118
469469 section on the hemp-derived consumable product shall be 119
470470 sufficient. 120
471471 12. A hemp flower or any product containing only the 121
472472 flower of hemp shall be required under this section to be 122
473473 accompanied only by a certificate of analysis issued within 123
474474 the previous twelve-month period demonstrating that the hemp 124
475475 flower or the product containing hemp flower does not 125 SB 518 16
476476 contain a delta-9 THC concentration of more than three - 126
477477 tenths of one percent on a dry-weight basis. 127
478478 13. A hemp-derived consumable product shall have a 128
479479 best-by date on the label that conforms with any applicable 129
480480 federal law and that shall be not more than two years from 130
481481 the date of publication of the product's laborator y testing 131
482482 report for potency required by subsection 4 of this section. 132
483483 195.2575. 1. The label of a hemp-derived consumable 1
484484 product offered for distribution or sale in this state shall 2
485485 contain the following information, in not less t han three- 3
486486 point font: 4
487487 (1) Product name or common name, on the front of the 5
488488 label; 6
489489 (2) Brand name, on the front of the label; 7
490490 (3) A clear indication on the front of the label that 8
491491 the package contains hemp -derived cannabinoids; 9
492492 (4) Net weight or volume or net count of individual 10
493493 items, on the front of the label; 11
494494 (5) Suggested product use, including serving sizes; 12
495495 (6) List of ingredients, including: 13
496496 (a) Milligrams of any cannabinoid over one milligram 14
497497 per serving; and 15
498498 (b) Milligrams of any measurable amount of THC per 16
499499 serving; 17
500500 (7) List of allergens if any of the major allergens 18
501501 identified by the United States Food and Drug Administration 19
502502 (FDA) could be present or if the product is manufactured in 20
503503 a lab that uses any of those major allergens identified by 21
504504 the FDA in the Food Allergen Labeling and Consumer 22
505505 Protection Act of 2004; 23
506506 (8) The name and physical address or website address 24
507507 of the manufacturer or distributor; 25 SB 518 17
508508 (9) Batch numbers for both the hemp-derived consumable 26
509509 product and the hemp used to manufacture the hemp -derived 27
510510 consumable product; 28
511511 (10) A best-by date that conforms with any applicable 29
512512 federal law and that shall be not more than two years from 30
513513 the date of publication of the product's certificate of 31
514514 analysis testing report required under section 195.2570; 32
515515 (11) A statement that use while pregnant or breast - 33
516516 feeding may be harmful; 34
517517 (12) A statement that the product contains hemp - 35
518518 derived cannabinoids and that consumption of certain 36
519519 cannabinoids may impair the consumer's ability to drive or 37
520520 operate heavy machinery; 38
521521 (13) A statement to keep out of the reach of children; 39
522522 (14) A statement that the product is only for persons 40
523523 twenty-one years of age or older; and 41
524524 (15) A statement to consult a physician before use. 42
525525 2. The label of each hemp -derived consumable product 43
526526 shall include the following text: "This product has not 44
527527 been evaluated by the Food and Drug Administration. This 45
528528 product is not intended to diagnose, treat, cure, mitigate, 46
529529 or prevent any disease.". 47
530530 3. Hemp-derived consumable product labels shall not: 48
531531 (1) Have any likeness or bear any reasonable 49
532532 resemblance to a human, animal, cartoon character, or 50
533533 fictional character; or 51
534534 (2) Infringe upon any trademarks protected by the 52
535535 United States Patent and Trademark Office or the Missouri 53
536536 office of the secretary of state. 54
537537 195.2580. 1. A hemp-derived consumable product that 1
538538 is sold in this state shall be labeled in accordance with 2
539539 section 195.2575 and include a quick response code that 3 SB 518 18
540540 directs consumers to all label information required by 4
541541 section 195.2575 and all information required by section 5
542542 195.2570. 6
543543 2. A hemp-derived consumable product that is sold in 7
544544 this state shall be manufactured in the United States under 8
545545 all applicable laws governing the manufacture of hemp - 9
546546 derived consumable products in its jurisdiction of origin. 10
547547 3. Any hemp-derived consumable product that is sold in 11
548548 this state and that is intended for ingestion but that is 12
549549 not intended for inhalation, other than a hemp -derived 13
550550 consumable beverage product, shall not: 14
551551 (1) Be sold in a container in which a single serving 15
552552 contains more than one hundre d milligrams of one or more of 16
553553 the following hemp-derived cannabinoids: 17
554554 (a) Delta-8 THC; 18
555555 (b) Delta-9 THC; or 19
556556 (c) Delta-10 THC; 20
557557 (2) Be formed in the shape of an animal or cartoon 21
558558 character; 22
559559 (3) Be sold in such a manner that a single serving is 23
560560 less than one piece unless serving sizes are clearly marked 24
561561 and easily divided without the use of a knife or tool; or 25
562562 (4) Be sold in packaging that is not child -resistant 26
563563 in accordance with accepted federal standards. 27
564564 4. Any hemp-derived consumable beverage product or 28
565565 tincture intended for ingestion that is sold in this state 29
566566 shall not be sold in a container in which a single serving 30
567567 contains more than one hundred milligrams of one or more of 31
568568 the following hemp-derived cannabinoids: 32
569569 (1) Delta-8 THC; 33
570570 (2) Delta-9 THC; or 34
571571 (3) Delta-10 THC. 35 SB 518 19
572572 5. Any hemp-derived consumable product intended for 36
573573 inhalation that is sold in this state shall not: 37
574574 (1) Be sold in a container that contains more than six 38
575575 milliliters or six grams, in the aggregate, of one or more 39
576576 of the following hemp -derived cannabinoids: 40
577577 (a) Delta-8 THC; 41
578578 (b) Delta-9 THC; or 42
579579 (c) Delta-10 THC; 43
580580 (2) Be sold without a validly issued certificate of 44
581581 analysis issued by an independent testing laboratory within 45
582582 the previous twenty-four months; or 46
583583 (3) Contain any amount of vitamin E oil or vitamin E 47
584584 acetate oil in any quantity. 48
585585 6. A hemp-derived consumable product that is sold or 49
586586 offered for sale in violation of sections 195.2550 to 50
587587 195.2635 shall be subject to seizure and forfeiture. 51
588588 195.2585. 1. A retailer or manufacturer of a hemp - 1
589589 derived consumable product shall not advertise, market, or 2
590590 offer for sale a hemp -derived consumable prod uct by using 3
591591 any trade dress, trademark, branding, or related imagery or 4
592592 scenery that is prohibited under this section in the 5
593593 labeling or design of the product or product packaging or in 6
594594 advertising or marketing materials for the product. 7
595595 2. Any trade dress, trademark, branding, or related 8
596596 imagery or scenery used for any activity described in this 9
597597 section shall not: 10
598598 (1) Depict or signify characters or symbols known to 11
599599 appeal primarily to minors; or 12
600600 (2) Infringe upon any trademarks p rotected by the 13
601601 United States Patent and Trademark Office or the Missouri 14
602602 office of the secretary of state. 15 SB 518 20
603603 3. Nothing in this section prohibits the use of 16
604604 drawings, illustrations, or artwork depicting nonmythical 17
605605 creatures, inanimate objects, sc enery, humanoid characters, 18
606606 fruit- or flavor-focused images, or any other items not 19
607607 known to appeal primarily to minors. 20
608608 195.2590. 1. A person shall not undertake any task 1
609609 while impaired by the use of a hemp -derived consumable 2
610610 product if doing so would constitute negligence or 3
611611 professional malpractice. 4
612612 2. A person shall not operate, navigate, or be in 5
613613 actual physical control of a motor vehicle, aircraft, 6
614614 motorized watercraft, or any other vehicle while impaired by 7
615615 the use of a hemp-derived consumable product. 8
616616 3. An employer shall not be required to accommodate 9
617617 the use of a hemp-derived consumable product in the 10
618618 workplace or an employee working while under the influence 11
619619 of a hemp-derived consumable product. 12
620620 4. Sections 195.2550 to 195.2635 shall not exempt a 13
621621 person from prosecution for a criminal offense related to 14
622622 impairment or intoxication resulting from the use of a hemp - 15
623623 derived consumable product or relieve a person from any 16
624624 requirement under the law to submit to a breath, blood, 17
625625 urine, or other test to detect the presence of a controlled 18
626626 substance. 19
627627 5. Any state agency that regulates activities 20
628628 described in this section may promulgate rules to implement 21
629629 the provisions of this section relevant t o its regulatory 22
630630 jurisdiction. Any rule or portion of a rule, as that term 23
631631 is defined in section 536.010, that is created under the 24
632632 authority delegated in this section shall become effective 25
633633 only if it complies with and is subject to all of the 26
634634 provisions of chapter 536 and, if applicable, section 27 SB 518 21
635635 536.028. This section and chapter 536 are nonseverable and 28
636636 if any of the powers vested with the general assembly 29
637637 pursuant to chapter 536 to review, to delay the effective 30
638638 date, or to disapprove and annu l a rule are subsequently 31
639639 held unconstitutional, then the grant of rulemaking 32
640640 authority and any rule proposed or adopted after August 28, 33
641641 2025, shall be invalid and void. 34
642642 195.2595. Nothing in sections 195.2550 to 195.2635 1
643643 shall prohibit hemp-derived consumable beverage product 2
644644 manufacturers from assigning exclusive territories for 3
645645 distribution of hemp -derived consumable beverage products. 4
646646 195.2600. 1. Each manufacturer shall officially 1
647647 register its hemp-derived consumable products distributed or 2
648648 available for distribution in this state with the division 3
649649 and shall comply with the requirements of this section. 4
650650 2. Application for registration shall be made to the 5
651651 division on a form provided by the divisio n and shall 6
652652 include the following information: 7
653653 (1) The name and address of the applicant; 8
654654 (2) The name and address of the person whose name will 9
655655 appear on the product labels if such person is not the 10
656656 applicant; 11
657657 (3) The ingredients used in the products to be 12
658658 distributed; and 13
659659 (4) The types and uses of the products to be 14
660660 distributed. 15
661661 3. The division may conduct random audits to ensure 16
662662 that the registrant is complying with the division's 17
663663 registration requirements. 18
664664 4. A new or updated product registration is required 19
665665 for any of the following: 20 SB 518 22
666666 (1) Any change in a hemp -derived consumable product's 21
667667 ingredients; 22
668668 (2) Any change of name for the product; and 23
669669 (3) Any change to the directions for use. 24
670670 5. For any change that does not require a new 25
671671 registration, the registrant shall submit copies of each 26
672672 label change to the division as soon as the change is 27
673673 effective. 28
674674 6. The registrant is responsible for the accuracy and 29
675675 completeness of the inform ation submitted. 30
676676 7. A hemp-derived consumable product that has been 31
677677 discontinued shall continue to be registered in the state 32
678678 until the product is no longer available for distribution. 33
679679 195.2605. 1. Potency testing of any hemp -derived 1
680680 consumable product for purposes of sections 195.2550 to 2
681681 195.2635 shall be conducted on the hemp -derived consumable 3
682682 product in its final form in accordance with the 4
683683 requirements set forth in section 195.2570. 5
684684 2. The certificates of analysis for a hemp-derived 6
685685 consumable product shall report the test results required in 7
686686 section 195.2570 in specified units of measure and in 8
687687 accordance with the requirements for a hemp -derived 9
688688 consumable product in section 195.2580. 10
689689 195.2607. 1. Testing under this section shall be 1
690690 limited to hemp-derived consumable products distributed or 2
691691 available for distribution in the state to ensure compliance 3
692692 with sections 195.2550 to 195.2635. 4
693693 2. The division shall periodically sample, ana lyze, 5
694694 and test hemp-derived consumable products distributed within 6
695695 this state for compliance with registration and labeling 7
696696 requirements and the certificates of analysis. 8 SB 518 23
697697 3. The division shall conduct randomized full -panel 9
698698 and potency testing usi ng the high-performance liquid 10
699699 chromatography (HPLC) method or the gas chromatography -mass 11
700700 spectrometry (GC-MS) method, as appropriate for the product 12
701701 being tested, in a manner that ensures that the testing does 13
702702 not alter the chemical composition of th e cannabinoids. 14
703703 4. The division or the department shall be responsible 15
704704 for procuring the hemp -derived consumable products to be 16
705705 sampled. Licensees shall not be required to release goods 17
706706 for testing without appropriate compensation. 18
707707 5. The division may conduct HPLC testing of hemp - 19
708708 derived consumable products distributed or available for 20
709709 distribution for any reason the division deems necessary. 21
710710 195.2610. 1. All retail establishments and food 1
711711 service establishments offer ing hemp-derived consumable 2
712712 products shall be licensed by the division in accordance 3
713713 with sections 195.2550 to 195.2635. 4
714714 2. A hemp-derived consumable product or class of 5
715715 products may be sold in retail and food service 6
716716 establishments if the hemp -derived consumable product or 7
717717 class of products has been registered in accordance with 8
718718 section 195.2600. Any other hemp-derived consumable product 9
719719 or class of products shall not be sold in retail and food 10
720720 service establishments. 11
721721 3. A retail establishment or food service 12
722722 establishment shall not offer hemp -derived consumable 13
723723 products at a temporary event unless the retail 14
724724 establishment or food service establishment is licensed by 15
725725 the division in accordance with sections 195.2550 to 16
726726 195.2635 and obtains a temporary event permit from the 17
727727 division. Temporary event permits may be obtained for 18 SB 518 24
728728 street or neighborhood festivals, concerts, markets, or 19
729729 other similar events. 20
730730 4. A business that distributes, sells, or serves hemp - 21
731731 derived consumable products shall not permit any person who 22
732732 is under twenty-one years of age to serve or handle hemp - 23
733733 derived consumable products unless the person is an employee 24
734734 of the business who is eighteen years of age or older and 25
735735 under the direct supervision of a person twenty-one years of 26
736736 age or older. 27
737737 5. Persons under eighteen years of age may work in 28
738738 hemp fields or participate in the processing of raw hemp 29
739739 flower as part of agricultural operations, provided that 30
740740 such persons are supervised by a perso n twenty-one years of 31
741741 age or older. 32
742742 6. A hemp-derived consumable product shall not be sold 33
743743 for on-site consumption unless the prospective purchaser or 34
744744 recipient has presented proof of age or an ordinary person 35
745745 would conclude on the basis of appea rance that the 36
746746 prospective purchaser or recipient is not under twenty -one 37
747747 years of age. 38
748748 7. Except as set forth in this section, only 39
749749 prepackaged registered hemp -derived consumable products may 40
750750 be offered as ready to consume or for direct consumpt ion at 41
751751 food service establishments. 42
752752 8. Hemp-derived consumable products shall not be added 43
753753 to an ingestible food product at a food service 44
754754 establishment. 45
755755 9. Hemp-derived consumable beverage products may be 46
756756 added to a nonalcoholic ingestible beverage product at a 47
757757 food service establishment, provided that the food service 48
758758 establishment is able to provide the consumer, upon request, 49
759759 with a copy of the hemp -derived consumable beverage 50 SB 518 25
760760 product's registration issued by the division at the time 51
761761 the food service establishment incorporates the hemp -derived 52
762762 consumable beverage product into the nonalcoholic ingestible 53
763763 beverage product. 54
764764 10. A food service establishment offering hemp -derived 55
765765 consumable products shall obtain a copy of the div ision's 56
766766 registration for each hemp -derived consumable product and 57
767767 provide a copy upon inspection. 58
768768 11. A food service establishment offering any hemp - 59
769769 derived consumable product shall provide to consumers upon 60
770770 request: 61
771771 (1) The common name of the product; 62
772772 (2) The distributor or manufacturer of the product; and 63
773773 (3) A copy of the division's registration for the hemp - 64
774774 derived consumable product. 65
775775 12. A food service establishment shall notify the 66
776776 division within twenty -four hours of becoming aware, or 67
777777 within twenty-four hours of when the food service 68
778778 establishment should have been aware, of any serious adverse 69
779779 event associated with a hemp -derived consumable product sold 70
780780 by the food service establishment. 71
781781 13. On-site sampling of hemp-derived consumable 72
782782 products provided by a manufacturer at the manufacturer's 73
783783 place of business is permitted provided that the persons 74
784784 sampling are twenty-one years of age or older. 75
785785 195.2615. The division may regulate the advertising 1
786786 and promotion of hemp -derived consumable product sales, but 2
787787 any such regulation shall be no more stringent than 3
788788 comparable state regulations on the advertising and 4
789789 promotion of alcohol sales. 5
790790 195.2630. 1. Sections 195.2550 to 195.2635 shall not 1
791791 apply to any: 2 SB 518 26
792792 (1) Safe harbor hemp product; or 3
793793 (2) Safe harbor manufacturer or storage facility. 4
794794 2. Hemp-derived consumable products intended for 5
795795 distribution or resale outside this state are exempt from 6
796796 any registration requirements or other requirements of the 7
797797 department of health and senior services. Such products are 8
798798 subject only to the regulations of the destination state or 9
799799 country. 10
800800 195.2635. 1. Notwithstanding the provisions of t his 1
801801 chapter or chapter 579 or any other provision of law to the 2
802802 contrary, a registered nurse, as defined in section 335.016, 3
803803 may administer a hemp -derived consumable product to a 4
804804 student at a school under the following conditions: 5
805805 (1) The parent or legal guardian of the student has 6
806806 submitted a written letter specifying the reason for the 7
807807 administration and the amount to be administered to the 8
808808 student; 9
809809 (2) For each hemp-derived consumable product to be 10
810810 administered, no more than a three m onths' supply of the 11
811811 product is provided to the school at any given time; and 12
812812 (3) Any hemp-derived consumable product provided to a 13
813813 school under this subsection is kept in an area that is 14
814814 inaccessible to other students, teachers, staff, and 15
815815 administrators. 16
816816 2. Hemp-derived consumable products may be sold or 17
817817 consumed at any festival or event held on school grounds 18
818818 where alcohol is otherwise permitted as long as the festival 19
819819 or event complies with the requirements for festivals or 20
820820 events that apply generally regardless of whether the 21
821821 festival or event is held on school grounds. 22
822822