West Virginia 2023 Regular Session

West Virginia Senate Bill SB220

Introduced
1/13/23  
Refer
1/13/23  
Engrossed
3/1/23  
Refer
3/2/23  
Refer
3/2/23  
Enrolled
3/11/23  
Passed
3/23/23  

Caption

Industrial Hemp Development Act

Impact

The law imposes an 11 percent tax on the retail sales of regulated hemp and kratom products, collecting revenue that will be allocated to the Agricultural Fees Fund, among others. This taxation is intended to contribute to state resources while also establishing a regulated market that promotes the safety and purity of these products. By requiring permits for all entities involved in the sale and distribution, the bill aims to create a safer environment for consumers and reduce the risks associated with contaminated or unapproved products. Permits are essential for manufacturers, processors, and retailers to operate legally in the state.

Summary

Senate Bill 220, known as the Industrial Hemp Development Act, aims to regulate hemp-derived cannabinoid products and kratom within the state of West Virginia. The bill establishes a framework for the manufacture, processing, and retail sale of these products, specifically mandating permits and oversight from the Commissioner of Agriculture and the Alcohol Beverage Control Commissioner. By defining key terms and setting age restrictions, the legislation seeks to allow responsible access to these products for adults aged 21 and older, ensuring that they do not interfere with existing controlled substance laws.

Sentiment

The sentiment surrounding SB 220 appeared to be largely positive among those who view regulated access to hemp-derived products as a progressive step towards acknowledging the changing landscape of cannabis-related substances. Supporters argue that the bill enhances public safety and provides a necessary structure for a burgeoning market. However, there are underlying concerns regarding the potential for misuse and the environmental implications of increased commercial agricultural production. Critics worry about the adequacy of regulations to safeguard public health and ensure product integrity.

Contention

Notable points of contention include the clarity around labeling and advertising of kratom and hemp products, as well as the robustness of enforcement mechanisms to prevent the sale of contaminated or underage-accessible products. The law involves complex interactions between state control and industry interests, highlighting the ongoing debate regarding the balance of regulation versus personal freedom. Furthermore, as the state moves to regulate these products, advocates for alternative substances argue for fair representation and transparency to support responsible use.

Companion Bills

No companion bills found.

Similar Bills

WV SB679

Regulating certain plant-based derivatives, hemp-derived cannabinoid products, and Kratom

MN SF781

Cannabis regulation authorization and appropriation

MN HF773

Regulation of concentration and conversion of cannabinoids derived from hemp provided, regulation of cannabinoid transportation and testing provided, licensing of manufacturers and distributors provided, cannabis product regulations provided, enforcement of regulations provided, licensing guidelines established, gross receipts tax established, criminal penalties established, exclusive liquor stores authorized to sell products, and money appropriated.

LA SB219

Provides relative to industrial hemp. (gov sig) (EG1 INCREASE GF EX See Note)

WV HB4554

Farm Bill