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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 641 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR MAY. |
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| 6 | 6 | | 2537S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend chapter 195, RSMo, by adding thereto one new section relating to intoxicating |
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| 9 | 9 | | cannabinoids. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Chapter 195, RSMo, is amended by adding thereto 1 |
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| 13 | 13 | | one new section, to be known as section 195.900, to read as 2 |
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| 14 | 14 | | follows:3 |
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| 15 | 15 | | 195.900. 1. As used in this section, the following 1 |
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| 16 | 16 | | terms mean: 2 |
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| 17 | 17 | | (1) "Cannabinoids", ligands that are either plant - 3 |
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| 18 | 18 | | derived, synthetic, or semisynthetic, and have an affinity 4 |
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| 19 | 19 | | for and activity at cannabinoid receptors; 5 |
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| 20 | 20 | | (2) "Department", the department of health and senior 6 |
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| 21 | 21 | | services; 7 |
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| 22 | 22 | | (3) "Intoxicating cannabinoids": 8 |
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| 23 | 23 | | (a) Any cannabinoid, however derived or created, that 9 |
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| 24 | 24 | | has an intoxicating effect when consumed or oth erwise 10 |
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| 25 | 25 | | ingested, irrespective of whether the cannabinoid was 11 |
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| 26 | 26 | | created or developed through natural means or through 12 |
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| 27 | 27 | | chemical conversion, isomerization, synthetic derivation, 13 |
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| 28 | 28 | | heat, or any other process by which molecules may be 14 |
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| 29 | 29 | | manipulated, including, w ithout limitation, THC -A; and 15 |
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| 30 | 30 | | (b) Any cannabinoid, semisynthetic or synthetic 16 |
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| 31 | 31 | | cannabinoid, or precursor to an intoxicating cannabinoid 17 |
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| 32 | 32 | | that may become intoxicating when heated, decarboxylated, or 18 SB 641 2 |
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| 33 | 33 | | otherwise manipulated, excluding, without limitatio n, 19 |
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| 34 | 34 | | cannabidiol (CBD). 20 |
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| 35 | 35 | | 2. Any person or entity selling, or offering for sale, 21 |
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| 36 | 36 | | in this state any intoxicating cannabinoid shall not be 22 |
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| 37 | 37 | | prohibited from doing so by any law regulating or 23 |
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| 38 | 38 | | restricting the sale of any form of Cannabis sativa L.; 24 |
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| 39 | 39 | | provided, that such products are: 25 |
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| 40 | 40 | | (1) Sold only to adults twenty -one years of age or 26 |
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| 41 | 41 | | older upon age verification; 27 |
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| 42 | 42 | | (2) Compliant with testing and safety regulations 28 |
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| 43 | 43 | | promulgated by the department; 29 |
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| 44 | 44 | | (3) Compliant with packaging and labeling regu lations 30 |
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| 45 | 45 | | promulgated by the department in order to protect minors; and 31 |
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| 46 | 46 | | (4) Compliant with other regulations promulgated by 32 |
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| 47 | 47 | | the department under subsection 4 of this section. 33 |
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| 48 | 48 | | 3. (1) Any person or entity selling an intoxicating 34 |
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| 49 | 49 | | cannabinoid in this state shall annually register with the 35 |
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| 50 | 50 | | department prior to the sale of such products. Any person 36 |
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| 51 | 51 | | or entity selling intoxicating cannabinoids in this state 37 |
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| 52 | 52 | | prior to August 28, 2025, shall have forty -five days to 38 |
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| 53 | 53 | | register with the department, durin g which time such person 39 |
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| 54 | 54 | | or entity may continue to sell intoxicating cannabinoids 40 |
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| 55 | 55 | | pending registration with the department. All other persons 41 |
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| 56 | 56 | | or entities selling intoxicating cannabinoids on or after 42 |
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| 57 | 57 | | August 28, 2025, shall be required to register with the 43 |
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| 58 | 58 | | department prior to engaging in such sale in this state. 44 |
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| 59 | 59 | | (2) Each entity registering with the department shall 45 |
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| 60 | 60 | | remit an annual one thousand dollar registration fee to the 46 |
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| 61 | 61 | | department, to be used for purposes of enforcement and 47 |
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| 62 | 62 | | administration of the provisions of this section. 48 |
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| 63 | 63 | | 4. The department shall promulgate all rules and 49 |
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| 64 | 64 | | regulations necessary to implement the provisions of this 50 SB 641 3 |
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| 65 | 65 | | section, including, but not limited to, rules designed to 51 |
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| 66 | 66 | | protect public health and safety, establish pot ency limits, 52 |
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| 67 | 67 | | implement recall procedures of dangerous products, establish 53 |
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| 68 | 68 | | advertising standards, and create mechanisms for compliance 54 |
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| 69 | 69 | | and enforcement. Any rule or portion of a rule, as that 55 |
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| 70 | 70 | | term is defined in section 536.010, that is created under 56 |
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| 71 | 71 | | the authority delegated in this section shall become 57 |
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| 72 | 72 | | effective only if it complies with and is subject to all of 58 |
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| 73 | 73 | | the provisions of chapter 536 and, if applicable, section 59 |
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| 74 | 74 | | 536.028. This section and chapter 536 are nonseverable and 60 |
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| 75 | 75 | | if any of the powers ve sted with the general assembly 61 |
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| 76 | 76 | | pursuant to chapter 536 to review, to delay the effective 62 |
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| 77 | 77 | | date, or to disapprove and annul a rule are subsequently 63 |
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| 78 | 78 | | held unconstitutional, then the grant of rulemaking 64 |
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| 79 | 79 | | authority and any rule proposed or adopted after Augus t 28, 65 |
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| 80 | 80 | | 2025, shall be invalid and void. 66 |
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| 81 | 81 | | |
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