2-23-9.1. Consumable hemp products; certificate of analysis; THC warning; inspections.

No consumable hemp product shall be sold or otherwise distributed in this state unless the processor or manufacturer has, within the last 12 months, contracted for a full panel certificate of analysis to be conducted on such product and such analysis has been conducted and made available to the public. Such full panel certificate of analysis shall, at a minimum:#

1. (1)

   Attest to the presence and amount, in such product’s final packaged form, of the following compounds:#

   1. (A)

      THC;#

   2. (B)

      Cannabidiol (CBD);#

   3. (C)

      Cannabidiolic acid (CBDA);#

   4. (D)

      Cannabigerol (CBG);#

   5. (E)

      Cannabigerolic acid (CBGA);#

   6. (F)

      Cannabinol (CBN);#

   7. (G)

      Hexahydrocannabinol (HHC); and#

   8. (H)

      Any other compound that the department determines is necessary to protect the health and safety of consumers; and#

2. (2)

   Attest that the product, in its final packaged form, does not contain any contaminants in excess of the maximum levels established by the department. In establishing such maximum levels, the department shall consider the American Herbal Pharmacopoeia monographs or such other scientific resources that the department determines is accurate, reliable, and relevant.#

Any consumable hemp product sold or otherwise distributed in this state shall bear:#

1. (1)

   A sticker, approved by the department, warning potential consumers that such product contains THC; and#

2. (2)

   A conspicuous label providing the information from the full panel certificate of analysis conducted on such product within the last 12 months pursuant to subsection (a) of this Code section or allowing a consumer to access such information using a QR code.#

The department shall randomly inspect and test consumable hemp products available for purchase at retail establishments to ensure compliance with this Code section. Such investigations and testing shall be conducted in compliance with this chapter and with the rules and regulations promulgated by the department.#

In the event that an inspection or test of a consumable hemp product conducted by the department pursuant to subsection (c) of this Code section reveals that such product:#

1. (1)

   Does not bear:#

   1. (A)

      The sticker required under paragraph (1) of subsection (b) of this Code section; or#

   2. (B)

      The label required under paragraph (2) of subsection (b) of this Code section;#

2. (2)

   Has a total delta-9-THC concentration that exceeds the legal limit;#

3. (3)

   Contains one or more contaminants in excess of the maximum levels established by the department; or#

4. (4)

   Has a composition that is materially different from what is shown on the full panel certificate of analysis conducted on such product within the last 12 months pursuant to subsection (a) of this Code section,#

5. such product and all related consumable hemp products shall be disposed of in compliance with this chapter and with the rules and regulations promulgated by the department.

Any person who violates the provisions of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor.#