Rhode Island 2025 Regular Session

Rhode Island House Bill H6056 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 6056
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7	7	LC002242
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND HEMP THC-INFUSED
16	16	BEVERAGES ACT
17	17	Introduced By: Representatives Baginski, Solomon, and Finkelman
18	18	Date Introduced: March 12, 2025
19	19	Referred To: House Corporations
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby 1
24	24	amended by adding thereto the following chapter: 2
25	25	CHAPTER 28.12 3
26	26	THE RHODE ISLAND HEMP THC -INFUSED BEVERAGES ACT 4
27	27	21-28.12-1. Short title. 5
28	28	This chapter shall be known and may be cited as "The Rhode Island Hemp THC-Infused 6
29	29	Beverage Act". 7
30	30	21-28.12-2. Definitions. 8
31	31	As used in this chapter: 9
32	32	(1) “Business” means any individual or sole proprietorship, partnership, firm, corporation, 10
33	33	trust, limited liability company, limited liability partnership, joint stock company, joint venture, 11
34	34	association or other legal entity through which business for profit or not-for-profit is conducted; 12
35	35	(2) “Cannabis retailer” or “marijuana retailer” means an entity licensed pursuant to chapter 13
36	36	28.11 of title 21; 14
37	37	(3) “Department” means the department of business regulation division of commercial 15
38	38	licensing; 16
39	39	(4) “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of that 17
40	40	plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, 18
41	41
42	42
43	43	LC002242 - Page 2 of 9
44	44	and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of 1
45	45	not more than three-tenths percent (0.3%) on a dry weight or per volume basis regardless of 2
46	46	moisture content, and which satisfies the requirements of this chapter. 3
47	47	(5) “Hemp-derived THC” means THC solely derived from hemp and expressly excluding 4
48	48	THC derived from cannabis. 5
49	49	(6) “License endorsement” means an infused beverage endorsement issued by the 6
50	50	department to sell at retail or distribute at wholesale, as applicable, such endorsement being upon 7
51	51	the holder’s applicable liquor license or license to sell cannabis or marijuana at retail. 8
52	52	(7) “Licensed liquor retailer” means the holder of a Class A retailer’s liquor license in good 9
53	53	standing. 10
54	54	(8) “Licensed liquor wholesaler” means the holder of a Wholesale Class A or Wholesale 11
55	55	Class B liquor license in good standing. 12
56	56	(9) “Registered on-premise server” means the holder of a Class B liquor license in good 13
57	57	standing that has received a license endorsement from the department to serve THC-derived 14
58	58	beverages on the premises. 15
59	59	(10) “Registered retailer” means a licensed liquor retailer that has received a license 16
60	60	endorsement from the department to sell THC-derived beverages at retail. 17
61	61	(11) “THC-infused beverage” means a beverage that: 18
62	62	(i) Is not an alcoholic beverage, as defined in title 3; 19
63	63	(ii) Is intended for human consumption; and 20
64	64	(iii) Contains, or is advertised, labeled or offered for sale as containing, total hemp-derived 21
65	65	THC that is not greater than five milligrams (5 mg) per container subject to § 21-28.12-6. 22
66	66	21-28.12-3. Purposes -- Rules of construction. 23
67	67	(a) This chapter shall be liberally construed and applied to promote its underlying purposes 24
68	68	and policies. 25
69	69	(b) The underlying purposes and policies of this chapter are: 26
70	70	(1) To promote temperance and the reasonable control of the traffic in intoxicating THC-27
71	71	infused beverages; 28
72	72	(2) To promote the compelling interest of the public for the safe and regulated sale of THC-29
73	73	infused beverages including by prohibiting sale of THC-infused beverages to minors; 30
74	74	(3) To establish licensing and an endorsement process for wholesale and retail of THC-31
75	75	infused beverages through already existing channels of licensed liquor retailers, cannabis retailers, 32
76	76	and licensed liquor wholesalers; 33
77	77	(4) To ensure that the State of Rhode Island has a dedicated revenue stream from the sale 34
78	78
79	79
80	80	LC002242 - Page 3 of 9
81	81	of THC-infused beverages; and 1
82	82	(5) To provide safe dosage limits for THC-infused beverages. 2
83	83	(c) The effect of this chapter may not be varied by contract or agreement. Any contract or 3
84	84	agreement purporting to do so is void and unenforceable to that extent only. 4
85	85	21-28.12-4. Sale of THC-infused beverages -- Reporting -- Fees. 5
86	86	(a) No THC-infused beverage shall be sold, offered for sale, distributed, or served in this 6
87	87	state unless the THC-infused beverage is sold or offered for sale on the premises of a registered 7
88	88	retailer or served on the premises of a registered on-premise server in each case with the applicable 8
89	89	license endorsement issued by the department. 9
90	90	(b) Any licensed liquor retailer, licensed cannabis retailer, or licensed marijuana retailer 10
91	91	shall be eligible to apply to the department for a license endorsement to sell THC-infused beverages 11
92	92	in the state in order to become a registered retailer. The applicant shall submit to the department, 12
93	93	in a form and manner prescribed by the department, an application and annual fee not less than two 13
94	94	hundred fifty dollars ($250) per annum for an infused beverage endorsement for sale at retail as a 14
95	95	registered retailer. 15
96	96	(c) Any licensed liquor wholesaler shall be eligible to apply to the department for a license 16
97	97	endorsement to distribute THC-infused beverages in the state. The applicant shall submit to the 17
98	98	department, in a form and manner prescribed by the department, an application and annual fee not 18
99	99	less than one thousand five hundred dollars ($1,500) per annum for an infused beverage 19
100	100	endorsement for distribution at wholesale. 20
101	101	(d) Any licensed on-premise server shall be eligible to apply to the department for a license 21
102	102	endorsement to serve THC-infused beverages in the state in order to become a registered on-22
103	103	premise server. THC-infused beverages sold by a licensed on-premise server shall be sold 23
104	104	exclusively for consumption on the premises of such licensed on-premise server. The applicant 24
105	105	shall submit to the department, in a form and manner prescribed by the department, an application 25
106	106	and annual fee of not less than two hundred fifty dollars ($250) per annum for an infused beverage 26
107	107	endorsement for serving as a registered on-premise server. The department shall promulgate rules 27
108	108	and regulations for minimum server training for THC-infused beverages consistent with the 28
109	109	minimum alcohol server training requirements as set forth in § 3-7-6.1. The department shall 29
110	110	require that all endorsements issued pursuant to this chapter meet such minimum server training 30
111	111	requirements with respect to safety, age verification, and limits on intoxication. 31
112	112	(e)(1) Not later than August 1, 2025, each business that owns and possesses any THC-32
113	113	infused beverage in this state on said date shall take an inventory of all containers such business 33
114	114	owns and possesses in this state on said date; and 34
115	115
116	116
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118	118	(2) Each business that is in possession of THC-infused beverages for sale, at retail or at 1
119	119	wholesale, shall submit to the department, excise taxes, litter taxes and sales taxes upon THC-2
120	120	infused beverages, as applicable, consistent with the assessment, payment, and collection of such 3
121	121	taxes under the provisions of chapter 10 of title 3. The department shall create a new commodity 4
122	122	code for THC-infused beverages and payments shall be made with the same process, frequency, 5
123	123	and cadence as such taxes are paid for alcoholic beverages. Excise tax shall be based on gallonage 6
124	124	at a rate of three dollars and thirty cents ($3.30) per gallon. 7
125	125	(f) If any business fails to submit the report and pay the taxes set forth herein on or before 8
126	126	August 1, 2025, the department shall: 9
127	127	(1) Make a good faith estimate, based on the information available to the department, of 10
128	128	the number of containers that such business owned, and were in such business’s possession, in this 11
129	129	state on August 1, 2025; and 12
130	130	(2) Invoice such business for such taxes described in subsection (e)(2) of this section. 13
131	131	(g) All fees received by the department under this section shall be deposited in the general 14
132	132	fund of the state. 15
133	133	(h) If any business fails to submit the report and pay the fees required herein, the 16
134	134	department may revoke, place conditions upon or suspend any certificate, license, permit, 17
135	135	registration, endorsement or other credential the department has issued to or for such business. 18
136	136	21-28.12-5. Licensed retailers to purchase from licensed wholesalers only. 19
137	137	All holders of retail liquor licenses permitted to sell THC-infused beverages pursuant to 20
138	138	the provisions of this chapter, including licensed liquor retailers, and registered on-premise servers, 21
139	139	shall purchase THC-infused beverages only from the holder or holders of wholesale licenses 22
140	140	pursuant to the provisions of title 3. 23
141	141	21-28.12-6. Dosage limitations. 24
142	142	A THC-infused beverage may not contain more than five milligrams (5 mg) of 25
143	143	tetrahydrocannabinol (THC) per serving and a single beverage may contain no more than two (2) 26
144	144	servings per container of ten milligrams (10 mg). The department shall promulgate regulations 27
145	145	setting forth fines for violation of this section. 28
146	146	21-28.12-7. Sale to minors prohibited. 29
147	147	No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise 30
148	148	derived from hemp including, without limitation, THC-infused beverages may be sold to any 31
149	149	individual who is under twenty-one (21) years of age. Prior to initiating a sale or otherwise 32
150	150	providing an edible cannabinoid product to an individual, an employee of a registered retailer shall 33
151	151	verify that the individual is at least twenty-one (21) years of age in accordance with the process and 34
152	152
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154	154	LC002242 - Page 5 of 9
155	155	proof of age set forth in § 3-8-6. A registered retailer may seize a form of identification listed set 1
156	156	forth in § 3-8-6 if the registered retailer has reasonable grounds to believe that the form of 2
157	157	identification has been altered or falsified or is being used to violate any law. A registered retailer 3
158	158	that seizes a form of identification as authorized under this section shall deliver it to a law 4
159	159	enforcement agency within twenty-four (24) hours of seizing it. 5
160	160	21-28.12-8. Labeling requirements. 6
161	161	(a) A product regulated under this section shall bear a label that contains, at a minimum: 7
162	162	(1) The name, location, contact phone number, and website of the manufacturer of the 8
163	163	product; 9
164	164	(2) The name and address of the independent, accredited laboratory used by the 10
165	165	manufacturer to test the product; 11
166	166	(3) The batch number; and 12
167	167	(4) An accurate statement of the amount or percentage of cannabinoids found in each unit 13
168	168	of the product meant to be consumed. 14
169	169	(b) The information in subsection (a) of this section may be provided on an outer package 15
170	170	if the immediate container that holds the product is too small to contain all of the information. 16
171	171	(c) The information required in subsection (a) of this section may be provided through the 17
172	172	use of a scannable barcode or matrix barcode that links to a page on the manufacturer's website if 18
173	173	that page contains all of the information required by this section. 19
174	174	(d) The label shall also include a statement stating that the product does not claim to 20
175	175	diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the United 21
176	176	States Food and Drug Administration (FDA) unless the product has been so approved. 22
177	177	(e) The information required by this section shall be prominently and conspicuously placed 23
178	178	on the label or displayed on the website in terms that can be easily read and understood by the 24
179	179	consumer. 25
180	180	(f) The labeling shall not contain any claim that the product may be used or is effective for 26
181	181	the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function 27
182	182	of human or animal bodies, unless the claim has been approved by the FDA. 28
183	183	21-28.12-9. Additional requirements. 29
184	184	(a) In addition to the testing and labeling requirements under § 21-28.12-8, THC-infused 30
185	185	beverages shall meet the requirements of this section. 31
186	186	(b) THC-infused beverages shall not: 32
187	187	(1) Bear the likeness or contain cartoon-like characteristics of a real or fictional person, 33
188	188	animal, or fruit that appeals to children; 34
189	189
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191	191	LC002242 - Page 6 of 9
192	192	(2) Be modeled after a brand of products primarily consumed by or marketed to children; 1
193	193	(3) Be made by applying an extracted or concentrated hemp-derived cannabinoid to a 2
194	194	commercially available candy or snack food item; 3
195	195	(4) Be substantively similar to a meat food product; poultry food product; or a dairy 4
196	196	product; 5
197	197	(5) Contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by 6
198	198	the FDA for use in food; 7
199	199	(6) Be packaged in a way that resembles the trademarked, characteristic, or product-8
200	200	specialized packaging of any commercially available food product; or 9
201	201	(7) Be packaged in a container that includes a statement, artwork, or design that could 10
202	202	reasonably mislead any person to believe that the package contains anything other than an edible 11
203	203	cannabinoid product. 12
204	204	(c) A label containing at least the following information shall be affixed to the packaging 13
205	205	or container of all edible cannabinoid products sold to consumers: 14
206	206	(1) The serving size; 15
207	207	(2) The cannabinoid profile per serving and in total; 16
208	208	(3) A list of ingredients, including identification of any major food allergens declared by 17
209	209	name; and 18
210	210	(4) The following statement: “Keep this product out of reach of children.” 19
211	211	(d) THC-infused beverages may contain delta-9 tetrahydrocannabinol that is extracted 20
212	212	from hemp plants or hemp plant parts. THC-infused beverages are prohibited from containing any 21
213	213	other artificially derived cannabinoid including, but not limited to, THC-P, THC-O, and HHC, 22
214	214	unless the department authorizes use of the artificially derived cannabinoid in THC-infused 23
215	215	beverages. THC-infused beverages products shall not contain synthetic cannabinoids. 24
216	216	21-28.12-10. Noncompliant products -- Enforcement. 25
217	217	(a) A product regulated under this title, including THC-infused beverages, shall be 26
218	218	considered a noncompliant product if the product is offered for sale in this state or if the product is 27
219	219	manufactured, imported, distributed, or stored with the intent to be offered for sale in this state in 28
220	220	violation of any provision of this chapter including, but not limited to, if: 29
221	221	(1) It consists, in whole or in part, of any filthy, putrid, or decomposed substance; 30
222	222	(2) It has been produced, prepared, packed, or held under unsanitary conditions where it 31
223	223	may have been rendered injurious to health, or where it may have been contaminated with filth; 32
224	224	(3) Its container is composed, in whole or in part, of any poisonous or deleterious substance 33
225	225	that may render the contents injurious to health; 34
226	226
227	227
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229	229	(4) It contains any food additives, color additives, or excipients that have been found by 1
230	230	the FDA to be unsafe for human or animal consumption; 2
231	231	(5) It contains an amount or percentage of nonintoxicating cannabinoids that is different 3
232	232	than the amount or percentage stated on the label; 4
233	233	(6) It contains an amount of tetrahydrocannabinol that exceeds the limits established in § 5
234	234	21-28.12-6; or 6
235	235	(7) It contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, 7
236	236	or heavy metals. 8
237	237	(b) A product subject to the provisions of this chapter shall be considered a noncompliant 9
238	238	product if the product’s labeling is false or misleading in any manner or in violation of the 10
239	239	requirements of this chapter. 11
240	240	(c) The department may assume that any product subject to the provisions of this chapter 12
241	241	that is present in the state, other than a product lawfully possessed for personal use, has been 13
242	242	manufactured, imported, distributed, or stored with the intent to be offered for sale in this state if a 14
243	243	product of the same type and brand was sold in the state on or after the effective date of this chapter, 15
244	244	or if the product is in the possession of a person who has sold any product in violation of the 16
245	245	provisions of this chapter. 17
246	246	(d) The department may enforce the provisions of this chapter, including enforcement 18
247	247	against a manufacturer or distributor of a product subject to the provisions of this chapter. 19
248	248	(e) The department may perform inspections and take other enforcement actions on behalf 20
249	249	of the office. 21
250	250	21-28.12-11. Existing franchise laws. 22
251	251	(a) Nothing in this chapter shall be deemed to repeal or amend any existing beer or wine 23
252	252	franchise laws including, without limitation, chapter 13 of title 3. This section is intended to provide 24
253	253	additional franchise regulation for hemp beverages, and to leave in effect and unchanged any local 25
254	254	or state franchise laws relating to beer or wine franchises existing on the effective date of this 26
255	255	chapter. 27
256	256	(b) The provisions set forth in §§ 3-13-3 and 3-13-5 shall apply to all sales of THC-infused 28
257	257	beverages set forth herein including, without limitation prior notification of cancellation of an 29
258	258	agreement and prohibited supplier conduct, and such provisions shall be incorporated herein as if 30
259	259	appearing in this chapter. 31
260	260	21-28.12-12. Exclusive jurisdiction. 32
261	261	Notwithstanding any agreements between retailers, wholesalers, or any other department 33
262	262	licensee to the contrary, the courts in Rhode Island shall have the exclusive jurisdiction over any 34
263	263
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266	266	disputes arising out of or relating to this chapter. 1
267	267	21-28.12-13. Severability. 2
268	268	If a part of this chapter is held unconstitutional or invalid, all valid parts that are severable 3
269	269	from the invalid or unconstitutional part remain in effect. If a part of this chapter is held 4
270	270	unconstitutional or invalid in one or more of its applications, the part remains in effect in all 5
271	271	constitutional and valid applications that are severable from the invalid applications. This 6
272	272	severability clause shall be applicable to each provision of this chapter, regardless of whether or 7
273	273	not any particular provision references this section. 8
274	274	SECTION 2. This act shall take effect upon passage. 9
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279	279
280	280	LC002242 - Page 9 of 9
281	281	EXPLANATION
282	282	BY THE LEGISLATIVE COUNCIL
283	283	OF
284	284	A N A C T
285	285	RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND HEMP THC-INFUSED
286	286	BEVERAGES ACT
287	287	***
288	288	This act would authorize the sale of THC-infused beverages to be regulated by the DBR 1
289	289	division of commercial licensing. This act would also establish licensing and an endorsement 2
290	290	process for wholesale and retail THC-infused beverages. 3
291	291	This act would take effect upon passage. 4
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