Honorable Gary VanDeaver, Chair, House Committee on Public Health
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB5 by VanDeaver (Relating to the regulation of certain products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids contained in those products; requiring occupational licenses and registrations; imposing fees; creating criminal offenses; authorizing an administrative penalty.), As Introduced
The bill would create three third degree felony offenses for manufacturing, delivering, or possessing with intent to deliver certain consumable hemp products; false laboratory report; and manufacturing or selling without license or registration. The bill would create four Class A misdemeanor offenses for marketing or packaging of a consumable hemp product in a manner attractive to minors; providing certain consumable hemp products by courier, delivery, or mail service; selling or distributing certain consumable hemp products to a person younger than 21 years of age; and misleading consumable hemp packaging. The bill would create three Class B misdemeanor offenses for manufacturing, distributing, or selling consumable hemp products for smoking; selling or delivering certain consumable hemp products near a school; and distributing, delivering, selling, purchasing, possessing, or using an unregistered consumable hemp product. The bill would create a Class C misdemeanor offense for possession of certain consumable hemp products.
Creating new criminal offenses may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to a lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.