Missouri 2025 Regular Session

Missouri Senate Bill SB641 Latest Draft

Bill / Introduced Version Filed 01/28/2025

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