SB 1761

ON MARCH 16, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1761, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, authorize a hemp-derived cannabinoid product (HDCP) that is sold at retail to be labeled with a batch number, in addition to the quick response (QR) code linking to a website providing the date the product was received, the date of testing completion, and method of analysis for the testing that is required by present law. This amendment authorizes such QR code to link to a webpage that includes certificates of analysis for multiple products or batch numbers of the supplier, and clarifies that a separate website or QR code is not required for each individual product or bat ch number. However, the certificate of analysis for the specific batch must be accessible with no more than three navigational steps from the initial webpage and the webpage must be maintained with current and accurate information for all products. If a n individual landing page contains more than 150 clickable links or options, then the webpage must have a search function where the batch number may be entered. The required information for each product and batch must remain publicly accessible for 12 mont hs after the product batch is no longer offered or 90 days after the product's stated expiration date, whichever is longer. SUPPLIERS Present law requires a person that is in the business of manufacturing, distributing, or selling HDCPs in this state, including suppliers, to obtain a license from the alcoholic beverage commission ("commission""). In order to maintain a supplier license, a person must (i) submit required information to the commission, as promulgated by rule; (ii) pay a $2, 500 initial licensing fee and an additional annual license fee; (iii) consent to reasonable inspection by the commission and department of revenue; (i v) submit to a criminal history background check; and (v) remain in compliance with applicable governing laws, rules, and regulations of the jurisdiction where the supplier is located. Such a supplier license is valid for one year and must be renewed annua lly. Present law defines supplier as a person or entity that (i) sells HDCPs to licensed wholesalers for repackaging and resale, but not for consumption; (ii) manufactures hemp-derived cannabinoids or HDCPs; or (iii) contracts for the manufacture of hemp -d erived cannabinoids or HDCPs, and that sells finished, packaged HDCPs to wholesalers. This amendment, instead, defines a supplier as a person that (i) is located either inside or outside of this state and that sells HDCPs to licensed wholesalers or suppliers for repackaging or for resale, but not for consumption; (ii) manufactures hemp-de rived cannabinoids or HDCPs in this state; or (iii) contracts for the manufacture of hemp-derived cannabinoids or HDCPs, whether located inside or outside of this state, and that sells finished, packaged HDCPs to licensed wholesalers or to suppliers for res ale and not for consumption . WARNING STATEMENTS Present law requires a HDCP sold at retail to be labeled with a conspicuous warning statement having a minimum font size of eleven-point font concerning the risk of impairment from consumption of the product, keeping the product out of reach of children, and other warning information required by the commission. This amendment requires the warnings to be in a minimum of six-point font. REQUIREMENT TO BE RESEALABLE REMOVED Present law generally requires HDCP beverage products to utilize a traditional pull-tab, an aluminum can device currently approved for soft drinks and malt beverages, or a screw-top or cork-style cap used for containers of wine and other alcoholic bevera ges products. However, if a HDCP beverage product is in a container with a volume equal to or less than 750 milliliters and contains more than one serving, the product is required to be resealable in a manner to support multi-day use. This amendment eli mi nates the requirement that products be resealable for multi-day use. LICENSURE ISSUANCE AND RENEWAL Present law requires the department of agriculture to continue to process and renew HDCP supplier and retail applications and licenses until the commission has the capacity to process applications for licensure. All such licenses issued by the department must be val id for at least 12 months. This amendment prohibits the department from issuing or renewing HDCP supplier and retail licenses after this amendment becomes a law."