,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ihcj ,,in ,,the ,,house ,,of ,,representatives ,july #bb1 #bjbf,mr4 ,barr 7for himself and ,ms4 ,craig7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committees on ,energy and ,commerce1 ,agriculture1 and ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to preserve lawful hemp commerce while protecting consumers from high-,,thc synthetic intoxicants1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lawful ,hemp ,protection ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,protecting minors and preventing children's access to hemp products is central to the public interest and to the long-term credibility of the hemp industry4 ,strong age-control measures are necessary to prevent misuse and safeguard public health4 7#b7 ,many ,americans1 including veterans and seniors1 rely on consumer hemp products for wellness4 ,ensuring that such products are consistently manufactured1 accurately labeled1 and domestically sourced is essential to maintaining public trust and protecting consumers4 7#c7 ,clear provenance standards and the elimination of deceptive or look-alike products promote responsible industry growth1 protect consumers1 and reinforce confidence in lawful hemp commerce4 #c4 ,definition of hemp 7a7 ,in general ,section #big;,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio7 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#f7 as paragraphs 7#d7 through 7#h71 respectively2 and 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,hemp 7,a7 ,in general ,the term hemp means the plant ,cannabis sativa ,l4 and any part of that plant1 including the seeds thereof and all naturally occurring derivatives1 extracts1 cannabinoids1 isomers1 acids1 salts1 and salts of isomers1 whether growing or not1 with a total tetrahydrocannabinol concentration 7including tetrahydrocannabinol acid7 of not more than #a percent on a dry weight basis4 7,b7 ,inclusion ,such term includes industrial hemp4 7,c7 ,exclusions ,such term does not include-- 7i7 any viable seed from a ,cannabis sativa ,l4 plant where the seed exceeds a total tetrahydrocannabinol concentration 7including tetrahydrocannabinol acid7 of more than #a percent on a dry weight basis2 7ii7 any intermediate hemp-derived cannabinoid product containing-- 7,i7 cannabinoids that are not capable of being naturally produced by a ,cannabis sativa ,l4 plant2 or 7,,ii7 cannabinoids that are capable of being naturally produced by a ,cannabis sativa ,l4 plant and-- 7aa7 are produced1 manufactured1 or converted using chemical synthesis1 hydrogenation1 acetylation1 alkylation1 or any other artificial process that adds to1 removes from1 or otherwise alters the molecular structure of a cannabinoid so that it contains one or more functional groups or substituents that are not present in any naturally occurring cannabinoid constituent of ,cannabis sativa ,l41 including-- 7,,aa7 hexahydrocannabinol 7,,hhc72 7,,bb7 tetrahydrocannabinol acetate 7,,thc-,o-acetate72 7,,cc7 tetrahydrocannabiphorol 7,,thcp72 and 7,,dd7 any other artificially modified analog or homologue of a naturally occurring cannabinoid1 as determined by the ,secretary in consultation with the ,secretary of ,health and ,human ,services2 or 7bb7 are produced1 manufactured1 or converted using any solvent1 extraction method1 or other means of production determined by the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 to pose a risk to the public health2 7iii7 any intermediate hemp-derived cannabinoid product marketed or sold as a final product or directly to an end consumer for personal or household use2 and 7iv7 any final hemp-derived cannabinoid products containing-- 7,i7 cannabinoids that are not capable of being naturally produced by a ,cannabis sativa ,l4 plant2 or 7,,ii7 cannabinoids that are capable of being naturally produced by a ,cannabis sativa ,l4 plant and-- 7aa7 are produced1 manufactured1 or converted using chemical synthesis1 hydrogenation1 acetylation1 alkylation1 or any other artificial process that adds to1 removes from1 or otherwise alters the molecular structure of a cannabinoid so that it contains one or more functional groups or substituents that are not present in any naturally occurring cannabinoid constituent of ,cannabis sativa ,l41 including-- 7,,aa7 hexahydrocannabinol 7,,hhc72 7,,bb7 tetrahydrocannabinol acetate 7,,thc-,o-acetate72 7,,cc7 tetrahydrocannabiphorol 7,,thcp72 and 7,,dd7 any other artificially modified analog or homologue of a naturally occurring cannabinoid1 as determined by the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services2 or 7bb7 are produced or manufactured using any solvent1 extraction method1 or other means of production determined by the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 to pose a risk to the public health4 7#b7 ,industrial hemp ,the term industrial hemp means hemp-- 7,a7 grown for the use of the stalk of the plant1 fiber produced from such a stalk1 or any other non-cannabinoid derivative1 mixture1 preparation1 or manufacture of such a stalk2 7,b7 grown for the use of the whole grain1 oil1 cake1 nut1 hull1 or any other non-cannabinoid compound1 derivative1 mixture1 preparation1 or manufacture of the seeds of such plant2 7,c7 grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinol concentration specified in paragraph 7#a77;,c77i72 7,d7 that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 or an independent research institute2 7,e7 grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs 7,a7 through 7,d72 or 7,f7 grown for the use of the whole plant1 or any part thereof1 for the extraction1 production1 or manufacture of any non-intoxicating non-cannabinoid essential oil1 aromatic compound1 terpene1 or other non-intoxicating non-cannabinoid volatile organic compound derived from such plant4 7#c7 ,unfinished hemp-cannabinoid ingredient ,the term unfinished hemp-cannabinoid ingredient means an oil1 extract1 concentrate1 distillate1 or other intermediate substance that-- 7,a7 that meets the criteria specified in paragraph 7#a7 to be considered hemp1 except that such ingredient may contain concentrations of total tetrayhdrocannabinol exceeding #a percent during processing1 provided that the material-- 7i7 remains exclusively with actors or entities licensed or otherwise lawfully permitted to manufacture1 transport1 or store the material under the ,lawful ,hemp ,protection ,act2 and 7ii7 is not offered for retail sale2 7,b7 is not for consumer use2 7,c7 is not a finished hemp product2 and 7,d7 is produced solely for incorporation into a finished cannabinoid product through further processing4 4 7b7 ,conforming repeal ,section #gha of the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agency ,appropriations ,act1 #bjbf 7division ,b of ,public ,law #aai-cg7 is repealed4 #d4 ,,fda oversight and milligram limitations 7a7 ,definitions ,section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7 is amended-- 7#a7 in paragraph 7g77#a71 by adding at the end the following3 ,such term does not include a hemp-derived cannabinoid product42 7#b7 in paragraph 7s71 in the matter preceding subparagraph 7#a71 by striking food 7including any substance and inserting food 7including industrial hemp intended for human or animal use and hemp seed1 hemp seed oil1 or hempseed protein not containing cannabinoids1 any substance2 and 7#c7 by adding at the end the following3 7tt7 7#a7 ,the term hemp-derived cannabinoid product-- 7,a7 means any finished product for human or animal use that-- 7i7 that meets the criteria specified in paragraph 7#a7 to be considered hemp2 and 7ii7 contains one or more cannabinoids2 7,b7 includes a hemp-derived cannabinoid dietary supplement2 7,c7 includes1 in cases that the ,secretary determines appropriate1 an intermediate hemp-derived cannabinoid product2 and 7,d7 may include ingestibles1 beverages1 oral tinctures and sublinguals1 capsules and tablets1 inhalables1 and topicals and transdermals4 7#b7 ,a hemp-derived cannabinoid product shall be deemed to be a food within the meaning of this ,act4 7uu7 ,the term hemp-derived cannabinoid dietary supplement-- 7#a7 means a dietary supplement that-- 7,a7 is derived from hemp2 7,b7 contains one or more cannabinoids2 and 7,c7 is for ingestion in tablet1 capsule1 softgel1 gelcap1 powder1 gummy1 chew1 lozenge1 tincture1 oil1 spray1 strip1 or liquid form2 7#b7 may include ingestibles1 oral tinctures and sublinguals1 and capsules and tablets2 and 7#c7 does not include-- 7,a7 any product for inhalation1 application to the skin1 or transdermal absorption2 7,b7 raw1 floral hemp material1 an unfinished hemp-cannabinoid ingredient1 or work-in-process materials2 7,c7 industrial hemp2 7,d7 hemp seed1 hemp seed oil1 or hempseed protein not containing cannabinoids2 and 7,e7 a product containing any cannabinoid not found in1 or capable of being produced in1 the hemp plant1 as identified on the lists published and updated under section #dbe7;d74 7vv7 ,the terms hemp1industrial hemp1 and unfinished hemp-cannabinoid ingredient have the meanings given those terms in section #big;,a of the ,agricultural ,marketing ,act of #aidf4 7ww7 ,the term ,,gras substance means a substance that is generally recognized1 among experts qualified by scientific training and experience to evaluate its safety1 as having been adequately shown through scientific procedures 7or1 in the case of a substance used in food prior to ,january #a1 #aieh1 through either scientific procedures or experience based on common use in food7 to be safe under the conditions of its intended use1 as described in section #bja7s74 4 7b7 ,prohibited acts ,section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca7 is amended by adding at the end the following3 7jjj7 ,the introduction or delivery for introduction into interstate commerce of a hemp-derived cannabinoid product that is not derived exclusively from hemp cultivated in the ,united ,states1 processed within the ,united ,states1 and finished1 packaged1 and labeled within the ,united ,states4 7kkk7 7#a7 ,the sale of a hemp-derived cannabinoid product to any person younger than #ba years of age4 7#b7 ,the possession or consumption of a hemp-derived cannabinoid product by any person younger than #ba years of age4 4 7c7 ,adulteration ,section #djb of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdb7 is amended by adding at the end the following3 7j7 ,if it is a hemp-derived cannabinoid product1 and-- 7#a7 its cannabinoid content exceeds a maximum allowable amount established under section #dbe7;b72 7#b7 it contains a cannabinoid not included on the lists published and updated under section #dbe7;d72 7#c7 it is a cannabinoid hemp product for1 or to be used in or on1 food-producing animals2 7#d7 it contains any added substance1 such as alcohol1 caffeine1 tobacco1 nicotine1 or melatonin1 which1 when combined with cannbinoids1 could interact with such cannabinoids or enhance or alter the effects of such cannabinoids in a manner that is harmful to the consumer1 as determined by the ,secretary2 7#e7 it contains a food additive or a ,,gras substance1 which when combined with the cannabinoids in such product1 could cause harm to the consumer 7as determined by the ,secretary72 or 7#f7 it has been manufactured1 processed1 packed1 or held in any factory1 warehouse1 or establishment and the owner1 operator1 or agent of such factory1 warehouse1 or establishment delays1 denies1 or limits an inspection of1 or refuses to permit entry to1 or inspection of1 such factory1 warehouse1 or establishment4 4 7d7 ,misbranding ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7 is amended by adding at the end the following3 7z7 ,if it is a hemp-derived cannabinoid product1 and-- 7#a7 its labeling does not adhere to the requirements under section #dbe7;a72 7#b7 its advertising or promotion is false or misleading in any particular2 7#c7 it is in package form1 unless it bears a label formatted in such manner as the ,secretary may prescribe by order2 7#d7 its labeling does not bear adequate directions for use1 or adequate warnings against use by children1 that are necessary for the protection of users1 or conform to such other requirements in all respects as may be prescribed by the ,secretary2 7#e7 its labeling does not include a disclaimer of risks posed by the specific cannabinoid contained or purported to be contained in the product1 including the risk of drug test failure2 7#f7 its labeling does not include a disclaimer that the ,food and ,drug ,administration has not determined the product to be safe or effective for treating any condition2 7#g7 its labeling makes a claim regarding the product's effect 7or lack thereof7 on the structure or any function of the body of humans or other animals2 7#h7 it is in package form for use by humans1 and it contains product packaging features imitating images popularly used to advertise to children or otherwise market to anyone under #ba years of age1 including-- 7,a7 labeling depicting1 or in the shape of1 characters 7real or imaginary71 animals1 vehicles1 cartoons1 candy1 or fruit2 and 7,b7 brightly colored products and packaging2 7#i7 it is in package form for use in animals1 and its label and labeling do not contain prominently placed1 conspicuous-- 7,a7 warnings that the product should not be used by humans2 and 7,b7 statements that the product is for use in animals1 including any such statements specifying the intended species2 7#aj7 it was manufactured1 processed1 packed1 labeled1 or held by or in an establishment that has not been issued a permit under section #eijb;,a of the ,internal ,revenue ,code of #aihf2 7#aa7 it does not adhere to the uniform manufacturing and testing requirements established under section #dbe7;c7 or there was a failure or refusal to provide access to any records as required under chapter #ef of the ,internal ,revenue ,code of #aihf2 or 7#ab7 it is not in compliance with such formatting requirements as the ,secretary may specify 7such as a requirement for the use of standard and uniform labeling and an identifying symbol7 with respect to any word1 statement1 or other information the ,secretary requires to appear on the label or labeling of the product4 4 7e7 ,hemp-,derived cannabinoid products ,chapter ,,iv of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cda et seq47 is amended by adding at the end the following3 #dbe4 ,hemp-derived cannabinoid products 7a7 ,labeling requirements ,a hemp-derived cannabinoid product shall be considered misbranded within the meaning of section #djc7z7 unless such labeling meets the following requirements3 7#a7 ,its principal display panel displays1 in a font size not smaller than #h points1 the statement ,contains mg ,,thc per serving and mg ,,thc per package4 ,for users #ba only41 where the blanks shall be filled in with the applicable quantity of ,,thc in milligrams per serving and per package1 respectively4 7#b7 7,a7 ,its principal display panel bears a warning statement concerning the effects of consuming hemp-derived cannabinoid products1 including with respect to pregnancy and impaired driving4 7,b7 ,the statement under subparagraph 7,a7 shall-- 7i7 appear in a conspicuous and prominent location on the principal display panel2 7ii7 be printed in a font size not smaller than #f points1 or not smaller than the smallest type size used elsewhere on the label1 whichever is larger2 7iii7 appear in a color that contrasts with the background on which it appears2 7iv7 include the words ,,government ,,warning in capital letters and bold type2 and 7v7 be worded in such manner as the ,secretary1 in consultation with the ,surgeon ,general of the ,public ,health ,service1 determines appropriate4 7#c7 ,if it is in package form1 bears a label containing-- 7,a7 a statement on the front of the product packaging indicating that the product is a cannabinoid hemp product2 7,b7 7i7 the serving size2 and 7ii7 the number of servings per package2 7,c7 the ingredients2 7,d7 the content per serving and per package of any and all cannabinoids1 if present above a nominal level1 as determined by the ,secretary2 7,e7 for products for human use1 a disclaimer of the presence in the product of any major food allergen1 processing aid1 or compound1 which the ,secretary may require to be disclosed2 7,f7 a statement clearly specifying if the product is intended for animal use1 human use1 or for use by humans and animals2 7,g7 a disclaimer of known risks to special populations1 including children1 those who are pregnant or breastfeeding1 and those taking drugs known to interact with the product2 7,h7 a quick response 7,,qr7 code1 any other scannable mechanism1 or internet address that leads to a web page with testing results for the cannabinoid hemp product in the form of a certificate of analysis2 7,i7 clear instructions of use1 if applicable2 and 7,j7 information about how to report adverse events resulting from use of the product4 7b7 ,maximum cannabinoid content 7#a7 ,establishment ,not later than #ab months after the date of enactment of this section1 the ,secretary shall establish1 with respect to any hemp-derived cannabinoid product-- 7,a7 a maximum allowable amount of total cannabinoid content for such product and each serving of such product2 and 7,b7 for each cannabinoid present in such a product1 a maximum allowable amount of such cannabinoid for such product and each serving of such product4 7#b7 ,frequency of review ,the ,secretary shall review and1 as appropriate1 revise the maximum allowable amounts under paragraph 7#a7 not less frequently than-- 7,a7 once every #c years2 or 7,b7 as soon as scientific evidence warrants reconsideration4 7#c7 ,rulemaking ,the ,secretary shall establish and revise the maximum allowable amounts under paragraph 7#a7 through a notice-and-comment rulemaking process that is informed by-- 7,a7 peer-reviewed scientific research on the safety and physiological effects of individual cannabinoids2 7,b7 consumer usage data and adverse event reports2 7,c7 input from qualified medical and scientific experts2 7,d7 consultation with ,state regulatory authorities with experience overseeing hemp or cannabis markets2 and 7,e7 consideration of product form1 intended use1 and target consumer population4 7#d7 ,failure to timely establish maximum allowable amounts ,in the case that the ,secretary fails to establish the maximum allowable amounts under paragraph 7#a7 within the #ab-month period described in such paragraph1 until such time that the ,secretary establishes alternative amounts1 the following maximum allowable amounts for total tetrahydrocannabinol content shall apply3 7,a7 ,with respect to a hemp-derived cannabinoid product for oral consumption1 #e milligrams per serving4 7,b7 ,with respect to an inhalable hemp-derived cannabinoid product1 #ej milligrams per serving4 7,c7 ,with respect to a topical hemp-derived cannabinoid product1 #ej milligrams per serving4 7c7 ,manufacture and testing 7#a7 ,establishment ,the ,secretary shall establish such uniform manufacturing and testing requirements for hemp-derived cannabinoid products 7including intermediate hemp-derived cannabinoid products7 as the ,secretary determines to be necessary4 ,such requirements shall include the following3 7,a7 ,manufacturing and testing requirements for key components1 potential contaminants1 and cannabinoid content4 7,b7 ,a requirement that each such product be tested by a laboratory accredited to ,,iso_/,,iec #agjbe-- 7i7 following post-harvest processing1 extraction1 or any other manipulation1 as determined by the ,secretary2 and 7ii7 when the product is in the form in which it is to be sold to a consumer4 7#b7 ,reliance on standard-setting bodies ,in establishing the uniform manufacturing and testing requirements under paragraph 7#a71 the ,secretary may recognize and rely on standards developed by appropriate standard-setting bodies that have relevant expertise and are subject to third-party auditing4 7#c7 ,inspection of records ,the ,secretary may inspect such records as may be necessary to determine compliance with the uniform manufacturing and testing requirements under paragraph 7#a74 7d7 ,publication of list 7#a7 ,in general ,not later than #ij days after the date of the enactment of the ,lawful ,hemp ,production ,act1 the ,secretary1 in consultation with other relevant ,federal agencies1 shall publish-- 7,a7 a list of all cannabinoids known to the ,secretary to be capable of being naturally produced by a ,cannabis sativa ,l4 plant1 as reflected in peer reviewed literature2 and 7,b7 a list of all tetrahydrocannabinol class cannabinoids known to the ,secretary to be naturally occurring in the plant4 7#b7 ,updates ,the ,secretary shall periodically review and update the lists under subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 4 7f7 ,applicability ,the amendments made by this section shall only apply with respect to hemp and any products derived from or containing hemp1 including industrial hemp1 hemp-derived cannabinoid products1 and unfinished hemp-cannabinoid ingredients introduced or delivered for introduction into interstate commerce on or after the date that is #ahj days after the date of enactment of this ,act4 #e4 ,allowing coverage of hemp-derived cannabinoid products under ,medicare ,advantage as a special supplemental benefit for the chronically ill2 codifying substance access beneficiary engagement incentive 7a7 ,medicare ,advantage special supplemental benefit for the chronically ill ,section #aheb7;a77#c77;,d77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bb7;a77#c77;,d77ii77 is amended by adding at the end the following new subclause3 7,,iii7 ,inclusion of hemp-derived cannabinoid products ,beginning with respect to the first plan year beginning after the date of enactment of this subclause1 an ,,ma plan may1 in accordance with such criteria as the ,secretary may specify1 include as a supplemental benefit under this subparagraph coverage of a hemp-derived cannabinoid product 7as defined in section #bja7tt7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act74 4 7b7 ,substance access beneficiary engagement incentive under ,,cmi models ,section #aaae;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acae;a7 is amended by adding at the end the following new subsection3 7h7 ,substance access beneficiary engagement incentive 7#a7 ,in general ,beginning on the date that is #a year after the date of enactment of this subsection1 a provider of services or supplier participating in a specified model may1 in accordance with such criteria as the ,secretary shall specify1 offer an applicable individual receiving items or services from such provider or supplier a beneficiary engagement incentive consisting of-- 7,a7 consultation regarding the possible use of hemp-derived cannabinoid products 7as defined in section #bja7tt7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act72 and 7,b7 subject to such limits as the ,secretary shall specify1 the provision of such hemp-derived cannabinoid products4 7#b7 ,specified model ,for purposes of paragraph 7#a71 a specified model is a model tested under this section for which the ,secretary determines that the beneficiary engagement incentive described in such paragraph is appropriate4 4 #f4 ,taxes on hemp-derived cannabinoid products and related requirements 7a7 ,in general ,subtitle ,e of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new chapter3 #ef ,hemp-derived ,cannabinoid ,products ,subchapter ,a--,definitions2 ,taxes ,subchapter ,b--,qualification ,requirements for ,manufacturers of ,hemp-derived ,cannabinoid ,products and ,wholesalers of ,hemp-derived ,beverages ,subchapter ,c--,operations by ,manufacturers of ,hemp-derived ,cannabinoid ,products and ,wholesalers of ,hemp-derived ,beverages ,subchapter ,d--,distribution ,system for ,hemp-derived ,beverages ,subchapter ,e--,general ,provisions ,relating to ,hemp-derived ,cannabinoid ,products ,subchapter ,f--,miscellaneous ,general ,provisions ,subchapter ,g--,penalties ,a ,definitions2 ,taxes ,sec4 #eijj4 ,definitions4 ,sec4 #eija4 ,tax on hemp-derived beverages4 ,sec4 #eija;,a4 ,tax on hemp-derived cannabinoid products4 ,sec4 #eija;,b4 ,tax on sales revenue of manufacturers of hemp-derived cannabinoid products4 ,sec4 #eija;,c4 ,method of collecting tax4 #eijj4 ,definitions ,when used in this chapter-- 7#a7 ,hemp-derived cannabinoid product ,the term hemp-derived cannabinoid product has the meaning given such term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act4 ,except as otherwise provided in this chapter1 such term includes hemp-derived beverages4 7#b7 ,hemp-derived beverage ,the term hemp-derived beverage means a hemp-derived cannabinoid product which is a non-alcoholic beverage intended for human consumption4 7#c7 ,removed for consumption or sale ,the term removed for consumption or sale means any removal of a hemp-derived cannabinoid product from the premises of the manufacturer of such product4 7#d7 ,manufacturer 7,a7 ,in general ,the term manufacturer1 when used with respect to hemp-derived cannabinoid products1 means any person who-- 7i7 is engaged in the business of preparing1 processing1 modifying1 or manipulating hemp1 including any unfinished hemp-cannabinoid ingredient1 to produce such products for purposes of wholesale or retail distribution1 and 7ii7 has a permit to engage in such business under subchapter ,b4 7,b7 ,hemp2 unfinished hemp-cannabinoid ingredient ,for purposes of subparagraph 7,a71 the terms hemp and unfinished hemp-cannabinoid ingredient have the meanings given such terms in section #big;,a of the ,agricultural ,marketing ,act of #aidf4 7#e7 ,wholesaler ,the term wholesaler1 when used with respect to hemp-derived beverages1 means any person who is engaged in the business of purchasing such beverages for resale at wholesale and has a permit to engage in such business under subchapter ,b4 7#f7 ,retailer ,the term retailer1 when used with respect to hemp-derived beverages1 means any person who is engaged in the business of purchasing such beverages for resale to consumers4 #eija4 ,tax on hemp-derived beverages 7a7 ,imposition and rate of tax 7#a7 ,in general ,a tax is hereby imposed on all hemp-derived beverages produced1 and removed for consumption or sale1 within the ,united ,states4 ,the rate of such tax with respect to each hemp-derived beverage shall be #e cents on each milligram of tetrahydrocannabinol in such beverage4 7#b7 ,illegally produced hemp-derived beverages ,any hemp-derived beverage which is produced at any place in the ,united ,states1 on the premises of any person who does not have a permit under subchapter ,b1 shall be subject to tax at the rate prescribed in paragraph 7#a74 7b7 ,determination and collection of tax 7#a7 ,in general ,the tax imposed by subsection 7a77#a7 on a hemp-derived beverage shall be-- 7,a7 determined at the time such beverage is removed for consumption or sale1 and 7,b7 paid by the manufacturer of such beverage in accordance with section #eija;,c4 7#b7 ,illegally produced hemp-derived beverages ,the tax imposed by subsection 7a77#b7 on a hemp-derived beverage shall be due and payable immediately upon production4 7c7 ,applicability of other provisions of law ,all administrative and penal provisions of this title1 insofar as applicable1 shall apply to any tax imposed by subsection 7a74 #eija;,a4 ,tax on hemp-derived cannabinoid products 7a7 ,imposition and rate of tax 7#a7 ,in general ,a tax is hereby imposed on all hemp-derived cannabinoid products 7other than hemp-derived beverages7 produced1 and removed for consumption or sale1 within the ,united ,states4 ,the rate of such tax with respect to each hemp-derived cannabinoid product shall be the amount equal to #e percent of the price for which such product is sold4 7#b7 ,illegally produced hemp-derived cannabinoid products ,any hemp-derived cannabinoid product 7other than a hemp-derived beverage7 which is produced at any place in the ,united ,states1 on the premises of any person who does not have a permit under subchapter ,b1 shall be subject to tax at the rate prescribed in paragraph 7#a74 7b7 ,determination and collection of tax 7#a7 ,in general ,the tax imposed by subsection 7a77#a7 on a hemp-derived cannabinoid product shall be-- 7,a7 determined at the time such product is removed for consumption or sale1 and 7,b7 paid by the manufacturer of such product in accordance with section #eija;,c4 7#b7 ,illegally produced hemp-derived cannabinoid products ,the tax imposed by subsection 7a77#b7 on a hemp-derived cannabinoid product shall be due and payable immediately upon production4 7c7 ,applicability of other provisions of law ,all administrative and penal provisions of this title1 insofar as applicable1 shall apply to any tax imposed by subsection 7a74 #eija;,b4 ,tax on sales revenue of manufacturers of hemp-derived cannabinoid products 7a7 ,imposition and rate of tax ,a tax is hereby imposed on all manufacturers of hemp-derived cannabinoid products4 ,the rate of such tax with respect to each manufacturer shall be the amount equal to #e percent of the sales revenue of such manufacturer for the taxable year4 7b7 ,sales revenue defined ,for purposes of this section1 the term sales revenue means the gross receipts from the sale of hemp-derived cannabinoid products4 7c7 ,determination and collection of tax ,the tax imposed by subsection 7a7 on a manufacturer of hemp-derived cannabinoid products shall be-- 7#a7 determined at the close of the taxable year1 and 7#b7 paid by such manufacturer in accordance with section #eija;,c4 7d7 ,applicability of other provisions of law ,all administrative and penal provisions of this title1 insofar as applicable1 shall apply to any tax imposed by subsection 7a74 #eija;,c4 ,method of collecting tax 7a7 ,collection by return ,the taxes imposed by this subchapter shall be collected on the basis of a return4 ,the ,secretary shall by regulation prescribe the period or event for which such return shall be filed1 the time for filing such return1 the information to be furnished on such return1 and the time for payment of such taxes4 7b7 ,exceptions ,notwithstanding subsection 7a71 any tax imposed by section #eija7;a77#b7 or section #eija;,a7a77#b7 shall be immediately due and payable at the time provided by such provisions4 ,such tax shall be assessed and collected by the ,secretary on the basis of the information available to the ,secretary in the same manner as taxes payable by return but with respect to which no return has been filed4 7c7 ,assessment ,if any tax imposed by this subchapter is not paid in full at the time required for such payment1 it shall be the duty of the ,secretary1 subject to the limitations prescribed in section #feja1 on proof satisfactory to the ,secretary1 to determine the amount of tax which has been omitted to be paid1 and to make an assessment therefor against the person liable for the tax4 ,the tax so assessed shall be in addition to the penalties imposed by law for failure to pay such tax when required4 ,b ,qualification ,requirements for ,manufacturers of ,hemp-derived ,cannabinoid ,products and ,wholesalers of ,hemp-derived ,beverages ,sec4 #eijb4 ,application for permit4 ,sec4 #eijb;,a4 ,permit4 ,sec4 #eijb;,b4 ,judicial review4 #eijb4 ,application for permit ,every person1 before commencing business as a manufacturer of hemp-derived cannabinoid products1 or wholesaler of hemp-derived beverages1 and at such other time as the ,secretary shall by regulation prescribe1 shall make application for the permit provided for in section #eijb;,a4 ,the application shall be in such form as the ,secretary shall prescribe and shall set forth1 truthfully and accurately1 the information called for on such form4 ,such application may be rejected and the permit denied if the ,secretary1 after notice and opportunity for hearing1 finds that-- 7#a7 the premises on which it is proposed to conduct the business are not adequate to protect the revenue1 or 7#b7 such person 7or any person required by regulation to be listed in the application7-- 7,a7 is not likely to maintain operations in compliance with this chapter1 7,b7 has been convicted of a felony violation of any provision of ,federal or ,state criminal law relating to hemp-derived cannabinoid products1 or 7,c7 has failed to disclose any material information required or made any material false statement in the application4 #eijb;,a4 ,permit 7a7 ,issuance ,a person shall not engage in business as a manufacturer of hemp-derived cannabinoid products1 or wholesaler of hemp-derived beverages1 without a permit to engage in such business4 ,such permit1 conditioned upon compliance with this chapter and regulations prescribed thereunder1 shall be issued1 in such form and in such manner as the ,secretary shall by regulation prescribe1 to every person properly qualified under section #eijb4 ,a new permit may be required at such other time as the ,secretary shall by regulation prescribe4 7b7 ,suspension or revocation 7#a7 ,show cause hearing ,if the ,secretary has reason to believe that any person holding a permit-- 7,a7 has not in good faith complied with this chapter1 or with any other provision of this title involving intent to defraud1 7,b7 has violated the conditions of such permit1 7,c7 has failed to disclose any material information required or made any material false statement in the application for such permit1 7,d7 has failed to maintain the premises in such manner as to protect the revenue1 7,e7 is1 by reason of previous or current legal proceedings involving a felony violation of any other provision of ,federal criminal law relating to hemp-derived cannabinoid products1 not likely to maintain operations in compliance with this chapter1 or 7,f7 has been convicted of a felony violation of any provision of ,federal or ,state criminal law relating to hemp-derived cannabinoid products1 the ,secretary shall issue an order1 stating the facts charged1 citing such person to show cause why the permit should not be suspended or revoked4 7#b7 ,action following hearing ,if1 after a hearing1 the ,secretary finds that such person has not shown cause why the permit should not be suspended or revoked1 such permit shall be suspended for such period as the ,secretary deems proper or shall be revoked4 #eijb;,b4 ,judicial review ,if the ,secretary denies a person a permit under section #eijb1 or suspends or revokes the permit of a person under section #eijb;,a1 such person may obtain judicial review by filing in the ,united ,states ,court of ,appeals for the circuit wherein the person resides or has the person's principal place of business1 or in the ,united ,states ,court of ,appeals for the ,district of ,columbia1 within #fj days after such denial1 suspension1 or revocation1 as the case may be4 ,any findings of fact by the ,secretary1 if supported by substantial evidence1 shall be conclusive4 ,c ,operations by ,manufacturers of ,hemp-derived ,cannabinoid ,products and ,wholesalers of ,hemp-derived ,beverages ,sec4 #eijc4 ,inventories4 ,sec4 #eijc;,a4 ,reports4 ,sec4 #eijc;,b4 ,packages1 marks1 labels1 and notices4 #eijc4 ,inventories ,every manufacturer of hemp-derived cannabinoid products1 and every wholesaler of hemp-derived beverages1 shall make a true and accurate inventory at the time of commencing business1 at the time of concluding business1 and at such other times1 in such manner and form1 and to include such items1 as the ,secretary shall by regulation prescribe4 ,such inventories shall be subject to verification by any internal revenue officer4 #eijc;,a4 ,reports ,every manufacturer of hemp-derived cannabinoid products1 and every wholesaler of hemp-derived beverages1 shall make reports containing such information1 in such form1 at such times1 and for such periods as the ,secretary shall by regulation prescribe4 #eijc;,b4 ,packages1 marks1 labels1 and notices ,every hemp-derived cannabinoid product shall1 before such product is removed for consumption or sale1 be put up in such package and bear the marks1 labels1 and notices1 if any1 that the ,secretary by regulation prescribes4 ,d ,distribution ,system for ,hemp-derived ,beverages ,sec4 #eijd4 ,distribution system4 #eijd4 ,distribution system ,the ,secretary shall prescribe regulations to establish and implement a three-tiered distribution system for hemp-derived beverages4 ,such regulations shall1 at a minimum1 require the following3 7#a7 ,tier #a--,manufacturers ,a manufacturer of hemp-derived beverages may only sell or transfer such beverages to a wholesaler of hemp-derived beverages4 7#b7 ,tier #b--,wholesalers ,a wholesaler of hemp-derived beverages may only-- 7,a7 purchase such beverages from a manufacturer of hemp-derived beverages1 and 7,b7 sell or transfer such beverages to a retailer of hemp-derived beverages4 7#c7 ,tier #c--,retailers ,a retailer of hemp-derived beverages may only purchase such beverages from a wholesaler of hemp-derived beverages4 ,no person may hold permits under subchapter ,b as both a manufacturer of hemp-derived beverages and a wholesaler of hemp-derived beverages1 and no person may hold any interest1 directly or indirectly1 in more than one tier4 ,the separation among the three tiers shall be strictly maintained4 ,e ,general ,provisions ,relating to ,hemp-derived ,cannabinoid ,products ,sec4 #eije4 ,records to be maintained4 ,sec4 #eije;,a4 ,right of entry and examination4 ,sec4 #eije;,b4 ,purchase1 receipt1 possession1 or sale of hemp-derived beverages after removal4 ,sec4 #eije;,c4 ,restrictions relating to marks1 labels1 notices1 and packages4 #eije4 ,records to be maintained ,every manufacturer of hemp-derived cannabinoid products1 and every wholesaler of hemp-derived beverages1 shall keep such records in such manner as the ,secretary shall by regulation prescribe4 #eije;,a4 ,right of entry and examination ,the ,secretary may1 during business hours1 enter the premises of any manufacturer of hemp-derived cannabinoid products1 or wholesaler of hemp-derived beverages1 for the purpose of examining-- 7#a7 any records required under section #eije1 or 7#b7 any hemp-derived cannabinoid products stored on such premises4 #eije;,b4 ,purchase1 receipt1 possession1 or sale of hemp-derived cannabinoid products after removal 7a7 ,restriction ,no person shall-- 7#a7 with intent to defraud the ,united ,states1 purchase1 receive1 possess1 offer for sale1 or sell or otherwise dispose of1 any hemp-derived cannabinoid product 7after such product has been removed for consumption or sale7 upon which the tax has not been paid or determined in the manner and at the time prescribed by this chapter or regulations thereunder1 7#b7 with intent to defraud the ,united ,states1 purchase1 receive1 possess1 offer for sale1 or sell or otherwise dispose of1 any hemp-derived cannabinoid product 7after such product has been removed for consumption or sale7 which is not put up in a package as required under section #eijc;,b or which is put up in a package not bearing the marks1 labels1 and notices required under such section1 or 7#c7 otherwise than with intent to defraud the ,united ,states1 purchase1 receive1 possess1 offer for sale1 or sell or otherwise dispose of1 any hemp-derived cannabinoid product 7after such product has been removed for consumption or sale7 which is not put up in a package as required under section #eijc;,b or which is put up in a package not bearing the marks1 labels1 and notices required under such section4 ,paragraph 7#c7 shall not prevent the sale or delivery of hemp-derived cannabinoid products directly to consumers from proper packages1 nor apply to such products when so sold or delivered4 7b7 ,liability to tax ,any person who possesses hemp-derived cannabinoid products in violation of subsection 7a77#a7 or 7a77#b7 shall be liable for a tax equal to the tax on such products1 as applicable under subchapter ,a4 #eije;,c4 ,restrictions relating to marks1 labels1 notices1 and packages ,no person shall1 with intent to defraud the ,united ,states1 destroy1 obliterate1 or detach any mark1 label1 or notice prescribed or authorized1 by this chapter or regulations thereunder1 to appear on1 or be affixed to1 any package of hemp-derived cannabinoid products before such package is emptied4 ,f ,miscellaneous ,general ,provisions ,sec4 #eijf4 ,regulations4 ,sec4 #eijf;,a4 ,application of ,state laws4 #eijf4 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this chapter4 #eijf;,a4 ,application of ,state laws ,compliance with this chapter with respect to carrying on any trade or business shall not be held to exempt any person from any penalty or punishment provided by the laws of any ,state for carrying on such trade or business within such ,state1 or in any manner to authorize the commencement or continuance of such trade or business contrary to the laws of such ,state2 nor shall the payment of any tax imposed by this chapter be held to prohibit any ,state from placing a tax on the same trade or business for ,state or other purposes4 ,g ,penalties ,sec4 #eijg4 ,civil penalties4 ,sec4 #eijg;,a4 ,criminal penalties4 #eijg4 ,civil penalties 7a7 ,omitting things required or doing things forbidden ,whoever willfully omits1 neglects1 or refuses to comply with any tax imposed by this chapter1 or to do1 or cause to be done1 any of the things required by this chapter1 or does anything prohibited by this chapter1 shall1 in addition to any other penalty provided in this title1 be liable to a penalty of #a1jjj for each such omission or commission4 7b7 ,failure ,to pay tax ,whoever fails to pay any tax imposed by this chapter at the time prescribed by law or regulations1 shall1 in addition to any other penalty provided in this title1 be liable to a penalty of #e percent of the tax due but unpaid4 7c7 ,applicability of section #fffe ,the penalties imposed by this section shall be assessed1 collected1 and paid in the same manner as taxes1 as provided in section #fffe7;a74 #eijg;,a4 ,criminal penalties 7a7 ,fraudulent offenses ,whoever1 with intent to defraud the ,united ,states-- 7#a7 ,engaging in business unlawfully ,engages in business as a manufacturer of hemp-derived cannabinoid products1 or wholesaler of hemp-derived beverages1 without obtaining the permit required by this chapter or regulations thereunder1 or 7#b7 ,failing to furnish information or furnishing false information ,fails to keep or make any record1 return1 report1 or inventory1 or keeps or makes any false or fraudulent record1 return1 report1 or inventory1 required by this chapter or regulations thereunder1 or 7#c7 ,refusing to pay or evading tax ,refuses to pay any tax imposed by this chapter1 or attempts in any manner to evade or defeat the tax or the payment thereof1 or 7#d7 ,removing hemp-derived cannabinoid products unlawfully ,removes for consumption or sale1 contrary to this chapter or regulations thereunder1 any hemp-derived cannabinoid product subject to tax under this chapter1 or 7#e7 ,purchasing1 receiving1 possessing1 or selling hemp-derived cannabinoid products unlawfully ,violates any provision of section #eije;,b7a77#a7 or 7a77#b71 or 7#f7 ,destroying1 obliterating1 or detaching marks1 labels1 or notices before packages are emptied ,violates any provision of #eije;,c1 shall1 for each such offense1 be fined not more than #aj1jjj1 or imprisoned not more than #e years1 or both4 7b7 ,other offenses ,whoever1 otherwise than as provided in subsection 7a71 violates any provision of this chapter1 or of regulations prescribed thereunder1 shall1 for each such offense1 be fined not more than #a1jjj1 or imprisoned not more than #a year1 or both4 4 7b7 ,trust ,fund for ,oversight of ,hemp-,derived ,cannabinoid ,products ,subchapter ,a of chapter #ih of such ,code is amended by adding at the end the following new section3 #ieab4 ,trust ,fund for ,oversight of ,hemp-derived ,cannabinoid ,products 7a7 ,creation of trust fund ,there is hereby established in the ,treasury of the ,united ,states a trust fund to be known as the ,trust ,fund for ,oversight of ,hemp-derived ,cannabinoid ,products1 consisting of such amounts as may be appropriated to such ,trust ,fund as provided in this section4 7b7 ,transfer to trust fund of amounts equivalent to certain taxes ,there are hereby appropriated to the ,trust ,fund for ,oversight of ,hemp-derived ,cannabinoid ,products amounts equivalent to the taxes received in the ,treasury under sections #eija;,a and #eija;,b4 7c7 ,expenditures from trust fund ,amounts in the ,trust ,fund for ,oversight of ,hemp-derived ,cannabinoid ,products shall be available1 without further appropriation1 to the ,secretary for making expenditures-- 7#a7 to carry out the requirements of chapter #ef1 7#b7 to administer or conduct oversight of any hemp commerce regulatory program1 as authorized by law1 7#c7 to carry out any consumer protection activities related to hemp-derived cannabinoid products1 as authorized by law1 and 7#d7 to support ,states that cooperate with the ,secretary in carrying out the requirements of chapter #ef4 7d7 ,annual report to ,congress ,the ,secretary shall submit an annual report to ,congress and include in such report with respect to the preceding year-- 7#a7 the amounts appropriated to the ,trust ,fund for ,oversight of ,hemp-derived ,cannabinoid ,products under subsection 7b71 and 7#b7 any expenditures made from such ,trust ,fund under subsection 7c74 4 7c7 ,highway ,trust ,fund ,section #iejc of such ,code is amended by adding at the end the following new subsection3 7g7 ,zero-,tolerance for impaired driving ,there are hereby appropriated into the ,highway ,trust ,fund amounts equivalent to #a percent of the total taxes received in the ,treasury each year under section #eija 7relating to taxes on hemp-derived beverages74 ,such amounts shall be available for making expenditures to support ,state-level enforcement1 training1 and testing technologies related to the zero-tolerance for impaired driving standards described in section #ahj of title #bc1 ,united ,states ,code4 4 7d7 ,disclosure of returns and return information ,section #fajc7l7 of such ,code is amended by adding at the end the following new paragraph3 7#bc7 ,disclosure of returns and return information to ,federal1 ,state1 tribal1 and local agencies administering or enforcing hemp laws 7,a7 ,in general ,returns and return information with respect to taxes imposed by chapter #ef may be open to inspection by1 or disclosure to1 any ,federal1 ,state1 tribal1 or local agency charged under any ,federal1 ,state1 tribal1 or local hemp law with responsibility for the administration or enforcement of such law for the purpose of1 and only to the extent necessary in1 the administration or enforcement of such law4 ,however1 such returns and return information shall not be so disclosed if the ,secretary determines that such disclosure would seriously impair ,federal tax administration4 7,b7 ,public information ,the ,secretary shall make publicly available the name and business address of each manufacturer of hemp-derived cannabinoid products and each wholesaler of hemp-derived beverages4 7,c7 ,definitions ,any term used in this paragraph which is also used in chapter #ef shall have the same meaning for purposes of this paragraph as when used in such chapter4 4 7e7 ,conforming amendments 7#a7 ,section #fjia7;b77#f7 of such ,code is amended-- 7,a7 by striking and firearms and inserting firearms1 and hemp-derived cannabinoid products1 and 7,b7 in the heading thereof1 by striking and firearms and inserting firearms1 and hemp-derived cannabinoid products4 7#b7 ,section #gfac7;a77#b7 of such ,code is amended by striking and firearms and inserting firearms1 and hemp-derived cannabinoid products4 7#c7 ,the table of chapters for subtitle ,e of such ,code is amended by adding at the end the following new item3 ,chapter #ef--;,hemp-derived ,cannabinoid ,products 4 7#d7 ,the table of sections for subchapter ,a of chapter #ih of such ,code is amended by adding at the end the following new item3 ,sec4 #ieab4 ,trust ,fund for ,oversight of ,hemp-derived ,cannabinoid ,products4 4 7f7 ,deadline for regulations ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall prescribe regulations to implement chapter #ef of the ,internal ,revenue ,code of #aihf 7as added by this section7 not later than #a year after the date of the enactment of this ,act4 7g7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to hemp-derived cannabinoid products sold on or after the date on which the ,secretary publishes the regulations prescribed under subsection 7f74 7#b7 ,transition rule 7,a7 ,in general ,no person may engage in business as a manufacturer of hemp-derived cannabinoid products1 or wholesaler of hemp-derived beverages1 after the date of the enactment of this ,act until such person has a permit in accordance with chapter #ef of the ,internal ,revenue ,code of #aihf 7as added by this section7 and regulations prescribed thereunder4 ,notwithstanding the preceding sentence1 any person who is engaged in business as a manufacturer of hemp-derived cannabinoid products1 or wholesaler of hemp-derived beverages1 on the date of the enactment of this ,act may continue to engage in such business on the condition that-- 7i7 the person applies for a permit within #cj days after the date described in paragraph 7#a71 and 7ii7 beginning on the date described in paragraph 7#a71 complies with such chapter #ef and such regulations4 7,b7 ,penalties ,a violation of subparagraph 7,a7 by any person shall be treated for all purposes in the same manner as a violation of chapter #ef of the ,internal ,revenue ,code of #aihf 7as added by this section71 and such person shall be subject to the same penalties1 and to the same extent1 as for a violation of such chapter4 7#c7 ,trust funds ,the amendments made by subsections 7b7 and 7c7 shall apply to taxes received after the date described in paragraph 7#a74 7#d7 ,disclosure of returns and return information ,the amendment made by subsection 7d7 shall apply to disclosures after the date described in paragraph 7#a74 #g4 ,unfair competition and unlawful practices 7a7 ,in general ,it shall be unlawful for any person engaged in business as a manufacturer or wholesaler of hemp-derived beverages to directly or indirectly-- 7#a7 require1 by agreement or otherwise1 that any retailer of hemp-derived beverages purchase such beverages from such person to the exclusion1 in whole or in part1 of hemp-derived beverages sold or offered for sale by other persons if-- 7,a7 such requirement is made or such person engages in such practice to such an extent as substantially to restrain or prevent transactions in any such beverages1 or 7,b7 the direct effect of such requirement is to prevent1 deter1 hinder1 or restrict other persons from selling or offering for sale any such beverages to such retailer1 7#b7 induce any retailer of hemp-derived beverages to purchase any such beverages from such person to the exclusion1 in whole or in part1 of hemp-derived beverages sold or offered for sale by other persons if-- 7,a7 such inducement is made or such person engages such practice to such an extent as substantially to restrain or prevent transactions in any such beverages1 or 7,b7 the direct effect of such inducement is to prevent1 deter1 hinder1 or restrict other persons from selling or offering for sale any such beverages to such retailer by-- 7i7 acquiring or holding 7after the expiration of any existing permit7 any interest in any permit with respect to the premises of the retailer1 7ii7 acquiring any interest in real or personal property owned1 occupied1 or used by the retailer in the conduct of the retailer's business1 7iii7 furnishing1 giving1 renting1 lending1 or selling to the retailer1 any equipment1 fixtures1 signs1 supplies1 money1 services1 or other thing of value1 subject to such exceptions as the ,secretary shall by regulation prescribe1 having due regard for public health1 the quantity and value of articles involved1 established trade customs not contrary to the public interest and the purposes of this subsection1 7iv7 paying or crediting the retailer for any advertising1 display1 or distribution service1 7v7 guaranteeing any loan or the repayment of any financial obligation of the retailer1 7vi7 extending to the retailer credit for a period in excess of the credit period usual and customary to the industry for the particular class of transactions1 as the ,secretary shall by regulation prescribe1 or 7vii7 requiring the retailer to take and dispose of a certain quota of any of such beverages1 7#c7 induce any trade buyer engaged in the sale of hemp-derived beverages to purchase such beverages from such person to the exclusion1 in whole or in part1 of hemp-derived beverages sold or offered for sale by other persons if-- 7,a7 such inducement is made or such person engages in such practice to such an extent as substantially to restrain or prevent transactions in any such beverages1 or 7,b7 the direct effect of such inducement is to prevent1 deter1 hinder1 or restrict other persons from selling or offering for sale any such beverages to such trade buyer by-- 7i7 commercial bribery1 or 7ii7 offering or giving any disproportionate bonus1 premium1 or compensation to any officer1 employee1 or representative of the trade buyer1 or 7#d7 sell1 offer for sale1 or contract to sell to any trade buyer engaged in the sale of hemp-derived beverages1 or for any such trade buyer to purchase1 offer to purchase1 or contract to purchase1 any such beverages on consignment or under conditional sale or with the privilege of return or on any basis other than a bona fide sale1 or where any part of such transaction involves1 directly or indirectly1 the acquisition by such person from the trade buyer or such person's agreement to acquire from the trade buyer other hemp-derived beverages if-- 7,a7 such person or trade buyer engages in such practice to such an extent as substantially to restrain or prevent transactions in any such beverages1 or 7,b7 the direct effect of such sale1 purchase1 offer1 or contract is to prevent1 deter1 hinder1 or restrict other persons from selling or offering for sale any such beverages to such trade buyer4 7b7 ,application to bona fide return of merchandise ,subsection 7a7 shall not apply to any transaction involving solely the bona fide return of merchandise for ordinary and usual commercial reasons arising after the merchandise has been sold4 7c7 ,application to ,state and local agencies ,paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a7 shall not apply to any agency of a ,state or any political subdivision thereof1 or to any officer or employee of such an agency4 7d7 ,penalties ,any person who violates a requirement of subsection 7a7 shall be guilty of a misdemeanor1 and upon conviction1 be subject to a fine of not more than #a1jjj and the seizure and forfeiture of all hemp-derived beverages involved in such violation4 7e7 ,secretary defined ,for purposes of this section1 the term ,secretary means the ,secretary of the ,treasury 7or the ,secretary's delegate74 7f7 ,other definitions ,any term used in this section which is also used in chapter #ef of the ,internal ,revenue ,code of #aihf 7as added by this ,act7 shall have the same meaning for purposes of this section as when used in such chapter4 #h4 ,prohibition related to unfinished hemp-cannabinoid ingredients 7a7 ,in general ,it shall be unlawful to market1 sell1 distribute1 or ship an unfinished hemp-cannabinoid ingredient to any person other than a manufacturer of hemp-derived cannabinoid products who has a permit under chapter #ef of the ,internal ,revenue ,code of #aihf 7as added by this ,act7 for the purpose of further manufacturing such product into a finished hemp-derived cannabinoid product4 7b7 ,penalties ,any person who violates subsection 7a7 shall be guilty of a misdemeanor1 and upon conviction1 be subject to a fine of not more than #a1jjj4 ,in addition to such fine1 such person may have their permit under chapter #ef of the ,internal ,revenue ,code of #aihf 7as added by this ,act7 suspended or revoked4 7c7 ,unfinished hemp-,cannabinoid ingredient defined ,for purposes of this section1 the term unfinished hemp-cannabinoid ingredient has the meaning given such term in section #big;,a of the ,agricultural ,marketing ,act of #aidf4 #i4 ,zero tolerance for impaired driving 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ahj4 ,zero tolerance for impaired driving 7a7 ,in general ,for fiscal year #bjbg and each fiscal year thereafter1 the ,secretary shall withhold #aj percent of the amount required to be apportioned to any ,state under paragraphs 7#a7 and 7#b7 of section #ajd7;b7 if such ,state does not have in effect a law that meets the requirements of subsection 7b74 7b7 ,requirements ,the requirements of this subsection are as follows3 7#a7 ,for purposes of enforcing laws relating to impaired driving1 impairment due to hemp shall be assessed using the same field sobriety evaluation standards and protocols that law enforcement officers apply to determine impairment caused by lawfully prescribed pharmaceutical substances1 including opioids1 benzodiazepines1 and other controlled medications4 7#b7 ,any person determined to be operating a motor vehicle while impaired by hemp shall be subject to the same penalties1 fines1 license suspensions1 and other sanctions as apply to driving under the influence of alcohol or other impairing substances under the laws of the ,state in which the violation occurs4 7c7 ,state enforcement ,nothing in this section shall be construed to limit the authority of any ,state to enforce its own laws relating to impaired driving1 provided such laws apply penalties for hemp impairment that are no less stringent than those applied to alcohol-related impairment4 7d7 ,rule of construction ,this section shall not be construed to require the development of a per se blood or bodily fluid concentration threshold for hemp-derived cannabinoids as a precondition for enforcement of impaired driving laws4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ahj4 ,zero tolerance for impaired driving4 4 #aj4 ,protection of ,state regulatory authority and interstate commerce 7a7 ,preservation of ,state rights ,except as provided in subsection 7b71 nothing in this ,act or the amendments made by this ,act shall be construed to preempt or limit the authority of a ,state1 territory1 or ,indian ,tribe to enact or enforce laws and regulations governing the production1 manufacture1 distribution1 importation1 or sale of hemp or hemp-derived cannabinoid products within the borders1 or exportation out of the borders1 of such ,state1 territory1 or ,indian ,tribe that are more stringent than1 or at least as protective as would be permitted under an alcoholic beverage regulatory scheme comparable to1 the standards in this ,act and the amendments made by this ,act4 7b7 ,non-,interference with interstate commerce ,pursuant to clause #c of section #h of article ,i1 ,united ,states ,constitution1 no ,state1 territory1 or ,indian ,tribe may enact or enforce any law that prevents the passage and delivery of a hemp-derived cannabinoid product through the borders of such ,state1 territory1 or ,indian ,tribe if such product complies with this ,act and the amendments made by this ,act4 7c7 ,definitions ,in this section3 7#a7 ,hemp ,the term hemp has the meaning given the term in section #big;,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio71 as amended by section #c of this ,act4 7#b7 ,hemp-derived cannabinoid product ,the term hemp-derived cannabinoid product has the meaning given the term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba71 as amended by section #d7;a7 of this ,act4 #aa4 ,severability ,if any provision of this ,act or the amendments made by this ,act1 or the application of any such provision to any person or circumstance1 is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provisions of this ,act and the amendments made by this ,act to any other person or circumstance1 shall not be affected thereby4