Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0984 Compare Versions

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

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5	5	2025 -- S 0984
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7	7	LC002704
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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: Senators Britto, McKenney, Dimitri, Ciccone, Felag, Murray, Patalano,
18	18	and Thompson
19	19	Date Introduced: April 16, 2025
20	20	Referred To: Senate Judiciary
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby 1
25	25	amended by adding thereto the following chapter: 2
26	26	CHAPTER 28.12 3
27	27	THE RHODE ISLAND HEMP THC -INFUSED BEVERAGES ACT 4
28	28	21-28.12-1. Short title. 5
29	29	This chapter shall be known and may be cited as "The Rhode Island Hemp THC-Infused 6
30	30	Beverage Act". 7
31	31	21-28.12-2. Definitions. 8
32	32	As used in this chapter: 9
33	33	(1) “Business” means any individual or sole proprietorship, partnership, firm, corporation, 10
34	34	trust, limited liability company, limited liability partnership, joint stock company, joint venture, 11
35	35	association or other legal entity through which business for profit or not-for-profit is conducted; 12
36	36	(2) “Cannabis retailer” or “marijuana retailer” means an entity licensed pursuant to chapter 13
37	37	28.11 of title 21; 14
38	38	(3) “Department” means the department of business regulation division of commercial 15
39	39	licensing; 16
40	40	(4) “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of that 17
41	41	plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, 18
42	42
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45	45	and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of 1
46	46	not more than three-tenths percent (0.3%) on a dry weight or per volume basis regardless of 2
47	47	moisture content, and which satisfies the requirements of this chapter. 3
48	48	(5) “Hemp-derived THC” means THC solely derived from hemp and expressly excluding 4
49	49	THC derived from cannabis. 5
50	50	(6) “License endorsement” means an infused beverage endorsement issued by the 6
51	51	department to sell at retail or distribute at wholesale, as applicable, such endorsement being upon 7
52	52	the holder’s applicable liquor license or license to sell cannabis or marijuana at retail. 8
53	53	(7) “Licensed liquor retailer” means the holder of a Class A retailer’s liquor license in good 9
54	54	standing. 10
55	55	(8) “Licensed liquor wholesaler” means the holder of a Wholesale Class A or Wholesale 11
56	56	Class B liquor license in good standing. 12
57	57	(9) “Registered on-premise server” means the holder of a Class B liquor license in good 13
58	58	standing that has received a license endorsement from the department to serve THC-derived 14
59	59	beverages on the premises. 15
60	60	(10) “Registered retailer” means a licensed liquor retailer that has received a license 16
61	61	endorsement from the department to sell THC-derived beverages at retail. 17
62	62	(11) “THC-infused beverage” means a beverage that: 18
63	63	(i) Is not an alcoholic beverage, as defined in title 3; 19
64	64	(ii) Is intended for human consumption; and 20
65	65	(iii) Contains, or is advertised, labeled or offered for sale as containing, total hemp-derived 21
66	66	THC that is not greater than five milligrams (5 mg) per container subject to § 21-28.12-6. 22
67	67	21-28.12-3. Purposes -- Rules of construction. 23
68	68	(a) This chapter shall be liberally construed and applied to promote its underlying purposes 24
69	69	and policies. 25
70	70	(b) The underlying purposes and policies of this chapter are: 26
71	71	(1) To promote temperance and the reasonable control of the traffic in intoxicating THC-27
72	72	infused beverages; 28
73	73	(2) To promote the compelling interest of the public for the safe and regulated sale of THC-29
74	74	infused beverages including by prohibiting sale of THC-infused beverages to minors; 30
75	75	(3) To establish licensing and an endorsement process for wholesale and retail of THC-31
76	76	infused beverages through already existing channels of licensed liquor retailers, cannabis retailers, 32
77	77	and licensed liquor wholesalers; 33
78	78	(4) To ensure that the State of Rhode Island has a dedicated revenue stream from the sale 34
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82	82	of THC-infused beverages; and 1
83	83	(5) To provide safe dosage limits for THC-infused beverages. 2
84	84	(c) The effect of this chapter may not be varied by contract or agreement. Any contract or 3
85	85	agreement purporting to do so is void and unenforceable to that extent only. 4
86	86	21-28.12-4. Sale of THC-infused beverages -- Reporting -- Fees. 5
87	87	(a) No THC-infused beverage shall be sold, offered for sale, distributed, or served in this 6
88	88	state unless the THC-infused beverage is sold or offered for sale on the premises of a registered 7
89	89	retailer or served on the premises of a registered on-premise server in each case with the applicable 8
90	90	license endorsement issued by the department. 9
91	91	(b) Any licensed liquor retailer, licensed cannabis retailer, or licensed marijuana retailer 10
92	92	shall be eligible to apply to the department for a license endorsement to sell THC-infused beverages 11
93	93	in the state in order to become a registered retailer. The applicant shall submit to the department, 12
94	94	in a form and manner prescribed by the department, an application and annual fee not less than two 13
95	95	hundred fifty dollars ($250) per annum for an infused beverage endorsement for sale at retail as a 14
96	96	registered retailer. 15
97	97	(c) Any licensed liquor wholesaler shall be eligible to apply to the department for a license 16
98	98	endorsement to distribute THC-infused beverages in the state. The applicant shall submit to the 17
99	99	department, in a form and manner prescribed by the department, an application and annual fee not 18
100	100	less than one thousand five hundred dollars ($1,500) per annum for an infused beverage 19
101	101	endorsement for distribution at wholesale. 20
102	102	(d) Any licensed on-premise server shall be eligible to apply to the department for a license 21
103	103	endorsement to serve THC-infused beverages in the state in order to become a registered on-22
104	104	premise server. THC-infused beverages sold by a licensed on-premise server shall be sold 23
105	105	exclusively for consumption on the premises of such licensed on-premise server. The applicant 24
106	106	shall submit to the department, in a form and manner prescribed by the department, an application 25
107	107	and annual fee of not less than two hundred fifty dollars ($250) per annum for an infused beverage 26
108	108	endorsement for serving as a registered on-premise server. The department shall promulgate rules 27
109	109	and regulations for minimum server training for THC-infused beverages consistent with the 28
110	110	minimum alcohol server training requirements as set forth in § 3-7-6.1. The department shall 29
111	111	require that all endorsements issued pursuant to this chapter meet such minimum server training 30
112	112	requirements with respect to safety, age verification, and limits on intoxication. 31
113	113	(e)(1) Not later than August 1, 2025, each business that owns and possesses any THC-32
114	114	infused beverage in this state on said date shall take an inventory of all containers such business 33
115	115	owns and possesses in this state on said date; and 34
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119	119	(2) Each business that is in possession of THC-infused beverages for sale, at retail or at 1
120	120	wholesale, shall submit to the department, excise taxes, litter taxes and sales taxes upon THC-2
121	121	infused beverages, as applicable, consistent with the assessment, payment, and collection of such 3
122	122	taxes under the provisions of chapter 10 of title 3. The department shall create a new commodity 4
123	123	code for THC-infused beverages and payments shall be made with the same process, frequency, 5
124	124	and cadence as such taxes are paid for alcoholic beverages. Excise tax shall be based on gallonage 6
125	125	at a rate of three dollars and thirty cents ($3.30) per gallon. 7
126	126	(f) If any business fails to submit the report and pay the taxes set forth herein on or before 8
127	127	August 1, 2025, the department shall: 9
128	128	(1) Make a good faith estimate, based on the information available to the department, of 10
129	129	the number of containers that such business owned, and were in such business’s possession, in this 11
130	130	state on August 1, 2025; and 12
131	131	(2) Invoice such business for such taxes described in subsection (e)(2) of this section. 13
132	132	(g) All fees received by the department under this section shall be deposited in the general 14
133	133	fund of the state. 15
134	134	(h) If any business fails to submit the report and pay the fees required herein, the 16
135	135	department may revoke, place conditions upon or suspend any certificate, license, permit, 17
136	136	registration, endorsement or other credential the department has issued to or for such business. 18
137	137	21-28.12-5. Licensed retailers to purchase from licensed wholesalers only. 19
138	138	All holders of retail liquor licenses permitted to sell THC-infused beverages pursuant to 20
139	139	the provisions of this chapter, including licensed liquor retailers, and registered on-premise servers, 21
140	140	shall purchase THC-infused beverages only from the holder or holders of wholesale licenses 22
141	141	pursuant to the provisions of title 3. 23
142	142	21-28.12-6. Dosage limitations. 24
143	143	A THC-infused beverage may not contain more than five milligrams (5 mg) of 25
144	144	tetrahydrocannabinol (THC) per serving and a single beverage may contain no more than two (2) 26
145	145	servings per container of ten milligrams (10 mg). The department shall promulgate regulations 27
146	146	setting forth fines for violation of this section. 28
147	147	21-28.12-7. Sale to minors prohibited. 29
148	148	No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise 30
149	149	derived from hemp including, without limitation, THC-infused beverages may be sold to any 31
150	150	individual who is under twenty-one (21) years of age. Prior to initiating a sale or otherwise 32
151	151	providing an edible cannabinoid product to an individual, an employee of a registered retailer shall 33
152	152	verify that the individual is at least twenty-one (21) years of age in accordance with the process and 34
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156	156	proof of age set forth in § 3-8-6. A registered retailer may seize a form of identification listed set 1
157	157	forth in § 3-8-6 if the registered retailer has reasonable grounds to believe that the form of 2
158	158	identification has been altered or falsified or is being used to violate any law. A registered retailer 3
159	159	that seizes a form of identification as authorized under this section shall deliver it to a law 4
160	160	enforcement agency within twenty-four (24) hours of seizing it. 5
161	161	21-28.12-8. Labeling requirements. 6
162	162	(a) A product regulated under this section shall bear a label that contains, at a minimum: 7
163	163	(1) The name, location, contact phone number, and website of the manufacturer of the 8
164	164	product; 9
165	165	(2) The name and address of the independent, accredited laboratory used by the 10
166	166	manufacturer to test the product; 11
167	167	(3) The batch number; and 12
168	168	(4) An accurate statement of the amount or percentage of cannabinoids found in each unit 13
169	169	of the product meant to be consumed. 14
170	170	(b) The information in subsection (a) of this section may be provided on an outer package 15
171	171	if the immediate container that holds the product is too small to contain all of the information. 16
172	172	(c) The information required in subsection (a) of this section may be provided through the 17
173	173	use of a scannable barcode or matrix barcode that links to a page on the manufacturer's website if 18
174	174	that page contains all of the information required by this section. 19
175	175	(d) The label shall also include a statement stating that the product does not claim to 20
176	176	diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the United 21
177	177	States Food and Drug Administration (FDA) unless the product has been so approved. 22
178	178	(e) The information required by this section shall be prominently and conspicuously placed 23
179	179	on the label or displayed on the website in terms that can be easily read and understood by the 24
180	180	consumer. 25
181	181	(f) The labeling shall not contain any claim that the product may be used or is effective for 26
182	182	the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function 27
183	183	of human or animal bodies, unless the claim has been approved by the FDA. 28
184	184	21-28.12-9. Additional requirements. 29
185	185	(a) In addition to the testing and labeling requirements under § 21-28.12-8, THC-infused 30
186	186	beverages shall meet the requirements of this section. 31
187	187	(b) THC-infused beverages shall not: 32
188	188	(1) Bear the likeness or contain cartoon-like characteristics of a real or fictional person, 33
189	189	animal, or fruit that appeals to children; 34
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193	193	(2) Be modeled after a brand of products primarily consumed by or marketed to children; 1
194	194	(3) Be made by applying an extracted or concentrated hemp-derived cannabinoid to a 2
195	195	commercially available candy or snack food item; 3
196	196	(4) Be substantively similar to a meat food product; poultry food product; or a dairy 4
197	197	product; 5
198	198	(5) Contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by 6
199	199	the FDA for use in food; 7
200	200	(6) Be packaged in a way that resembles the trademarked, characteristic, or product-8
201	201	specialized packaging of any commercially available food product; or 9
202	202	(7) Be packaged in a container that includes a statement, artwork, or design that could 10
203	203	reasonably mislead any person to believe that the package contains anything other than an edible 11
204	204	cannabinoid product. 12
205	205	(c) A label containing at least the following information shall be affixed to the packaging 13
206	206	or container of all edible cannabinoid products sold to consumers: 14
207	207	(1) The serving size; 15
208	208	(2) The cannabinoid profile per serving and in total; 16
209	209	(3) A list of ingredients, including identification of any major food allergens declared by 17
210	210	name; and 18
211	211	(4) The following statement: “Keep this product out of reach of children.” 19
212	212	(d) THC-infused beverages may contain delta-9 tetrahydrocannabinol that is extracted 20
213	213	from hemp plants or hemp plant parts. THC-infused beverages are prohibited from containing any 21
214	214	other artificially derived cannabinoid including, but not limited to, THC-P, THC-O, and HHC, 22
215	215	unless the department authorizes use of the artificially derived cannabinoid in THC-infused 23
216	216	beverages. THC-infused beverages products shall not contain synthetic cannabinoids. 24
217	217	21-28.12-10. Noncompliant products -- Enforcement. 25
218	218	(a) A product regulated under this title, including THC-infused beverages, shall be 26
219	219	considered a noncompliant product if the product is offered for sale in this state or if the product is 27
220	220	manufactured, imported, distributed, or stored with the intent to be offered for sale in this state in 28
221	221	violation of any provision of this chapter including, but not limited to, if: 29
222	222	(1) It consists, in whole or in part, of any filthy, putrid, or decomposed substance; 30
223	223	(2) It has been produced, prepared, packed, or held under unsanitary conditions where it 31
224	224	may have been rendered injurious to health, or where it may have been contaminated with filth; 32
225	225	(3) Its container is composed, in whole or in part, of any poisonous or deleterious substance 33
226	226	that may render the contents injurious to health; 34
227	227
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230	230	(4) It contains any food additives, color additives, or excipients that have been found by 1
231	231	the FDA to be unsafe for human or animal consumption; 2
232	232	(5) It contains an amount or percentage of nonintoxicating cannabinoids that is different 3
233	233	than the amount or percentage stated on the label; 4
234	234	(6) It contains an amount of tetrahydrocannabinol that exceeds the limits established in § 5
235	235	21-28.12-6; or 6
236	236	(7) It contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, 7
237	237	or heavy metals. 8
238	238	(b) A product subject to the provisions of this chapter shall be considered a noncompliant 9
239	239	product if the product’s labeling is false or misleading in any manner or in violation of the 10
240	240	requirements of this chapter. 11
241	241	(c) The department may assume that any product subject to the provisions of this chapter 12
242	242	that is present in the state, other than a product lawfully possessed for personal use, has been 13
243	243	manufactured, imported, distributed, or stored with the intent to be offered for sale in this state if a 14
244	244	product of the same type and brand was sold in the state on or after the effective date of this chapter, 15
245	245	or if the product is in the possession of a person who has sold any product in violation of the 16
246	246	provisions of this chapter. 17
247	247	(d) The department may enforce the provisions of this chapter, including enforcement 18
248	248	against a manufacturer or distributor of a product subject to the provisions of this chapter. 19
249	249	(e) The department may perform inspections and take other enforcement actions on behalf 20
250	250	of the office. 21
251	251	21-28.12-11. Existing franchise laws. 22
252	252	(a) Nothing in this chapter shall be deemed to repeal or amend any existing beer or wine 23
253	253	franchise laws including, without limitation, chapter 13 of title 3. This section is intended to provide 24
254	254	additional franchise regulation for hemp beverages, and to leave in effect and unchanged any local 25
255	255	or state franchise laws relating to beer or wine franchises existing on the effective date of this 26
256	256	chapter. 27
257	257	(b) The provisions set forth in §§ 3-13-3 and 3-13-5 shall apply to all sales of THC-infused 28
258	258	beverages set forth herein including, without limitation prior notification of cancellation of an 29
259	259	agreement and prohibited supplier conduct, and such provisions shall be incorporated herein as if 30
260	260	appearing in this chapter. 31
261	261	21-28.12-12. Exclusive jurisdiction. 32
262	262	Notwithstanding any agreements between retailers, wholesalers, or any other department 33
263	263	licensee to the contrary, the courts in Rhode Island shall have the exclusive jurisdiction over any 34
264	264
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267	267	disputes arising out of or relating to this chapter. 1
268	268	21-28.12-13. Severability. 2
269	269	If a part of this chapter is held unconstitutional or invalid, all valid parts that are severable 3
270	270	from the invalid or unconstitutional part remain in effect. If a part of this chapter is held 4
271	271	unconstitutional or invalid in one or more of its applications, the part remains in effect in all 5
272	272	constitutional and valid applications that are severable from the invalid applications. This 6
273	273	severability clause shall be applicable to each provision of this chapter, regardless of whether or 7
274	274	not any particular provision references this section. 8
275	275	SECTION 2. This act shall take effect upon passage. 9
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282	282	EXPLANATION
283	283	BY THE LEGISLATIVE COUNCIL
284	284	OF
285	285	A N A C T
286	286	RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND HEMP THC-INFUSED
287	287	BEVERAGES ACT
288	288	***
289	289	This act would authorize the sale of THC-infused beverages to be regulated by the DBR 1
290	290	division of commercial licensing. This act would also establish licensing and an endorsement 2
291	291	process for wholesale and retail THC-infused beverages. 3
292	292	This act would take effect upon passage. 4
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