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Legislative Update

Low THC hemp extract

March 28, 2018 Filed Under: Criminal

S.E.A. 52, P.L. 153
Effective: March 21, 2018
Provides that the Indiana department of state revenue (department) shall revoke a registered retail merchant’s certificate if the department finds that the person has been convicted of dealing in marijuana based on the sale of fraudulently labeled low THC hemp extract. Repeals all provisions concerning the cannabidiol registry and a “substance containing cannabidiol” (all added by HEA 1148-2017). Defines “low THC hemp extract” as a product: (1) derived from Cannabis sativa L. that meets the definition of industrial hemp; (2) that contains not more than 0.3% delta-9-THC (including precursors); and (3) that contains no other controlled substances. Establishes testing, packaging, and labeling requirements for the distribution and retail sale of low THC hemp extract, effective July 1, 2018. Provides that a retailer commits dealing in marijuana as a Level 5 felony if: (1) the retailer sells marijuana; (2) the marijuana is packaged in a manner that appears to be low THC extract; and (3) the retailer knows or reasonably should know that the product is marijuana. Makes possession of marijuana a Class A misdemeanor if: (1) the marijuana is packaged in a manner that appears to be low THC hemp extract; and (2) the person knows or reasonably should know that the product is marijuana.
Urges the legislative council to assign to an appropriate interim study committee the task of studying the regulation of industrial hemp, industrial hemp products, and low THC hemp extract manufacturing
Read the bill at: https://iga.in.gov/legislative/2018/bills/senate/52

Filed Under: Criminal Tagged With: drugs, misdemeanor, study

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