Kentucky Senate Approves Cannabis-Infused Beverages Bill
SB 202 would limit the level of intoxicating cannabinoids in the drinks to 5mg
Kentucky lawmakers say cannabis-infused beverages – sometimes known as “weed water” – have been on their radar since last September. On Friday, the Senate advanced a bill that would seek to regulate the products.
Senate Bill 202 calls for cannabis-infused beverages to fall under the authority of the Department of Alcoholic Beverage Control for the purposes of licensing, distribution, and retail sales. The bill proposes using a three-tier system similar to the one for alcohol.
The bill’s sponsor, Sen. Julie Raque Adams, R-Louisville, said there has been proliferation of the products at gas stations, liquor stores and vape shops recently.
“These cannabis-infused beverages are the result of a loophole in the 2018 federal farm bill that reauthorized the growing of hemp in our country. It didn’t take long for someone to quickly figure out you can extract the THC and that’s the delta-9 and put it in a whole host of products,” she said.
The Senate advanced the bill with a 29-6 vote, and it now heads to the House.
The legislation spells out what qualifies as a “cannabis-infused” beverage. According to the bill, it is a properly permitted, adult-use cannabinoid liquid intended for human consumption that has intoxicating properties that change the function of the nervous system and result in alterations of perception, cognition or behavior.
SB 202 would limit the level of intoxicating cannabinoids in the drinks to 5 milligrams. Adams said one manufacturer states on the company’s website that a 10-milligram beverage can is equal to four glasses of wine or four shots of 80 proof vodka.
Adams said there are several cannabinoid products that have nonintoxicating properties, and the bill is silent on all of them. It also doesn’t contain a tax provision because it’s unconstitutional for the Senate to impose a new tax or revenue measure.
One provision of the bill calls on the University of Kentucky Cannabis Center to study and report to the legislature on the manufacturing, testing procedures, distribution, sale and consumer effects of cannabis-infused beverages.
Critics of the bill agreed that some level of regulation is needed for the beverages, but they raised concerns about uncertainties in the proposal’s language.
Senate Minority Whip David Yates, D-Louisville, voted no on the bill, and said it’s possible some of the products might seem to have a higher level of THC, but have fewer intoxicating effects.
“I think that most everyone would agree there’s got to be regulations in place. I’m all for that. I think they should be regulated, taxed and made sure that we continue to put sections in place that only adults are getting these beverages,” he said.
Sen. Cassie Chambers Armstrong, D-Louisville, said the industry is now legal, and legislators should hear from stakeholders so there won’t be unintended consequences from enacted legislation.
But Sen. Gary Boswell, R-Owensboro, said products with THC that exceed federal law should be confiscated.
“If you give them an inch, they’ll take a mile. Suddenly, the products that exceed the federal law on THC content have flooded our market. I believe that all these illegal products should be confiscated. No bill’s perfect,” he said.
Source: Legislature.KY
