Relating to authorizing the Alcohol Beverage Control Commissioner to promulgate a legislative rule relating to retail enforcement of select plant-based derivatives and derivative products, including hemp and kratom

2025 Regular Session Introduced by Doug Smith

House Bill 2265 empowers West Virginia's Alcohol Beverage Control Commissioner to regulate hemp and kratom sales, enhancing consumer safety and compliance for retailers.

To House Finance

#legislature--rulemaking

Summary of House Bill 2265

Bill Number: HB 2265
Title: Relating to authorizing the Alcohol Beverage Control Commissioner to promulgate a legislative rule relating to retail enforcement of select plant-based derivatives and derivative products, including hemp and kratom
Status: To House Finance
Introduced: February 12, 2025
Classification: Bill
Subject: Legislature--Rule Making

Purpose and Intent

House Bill 2265 aims to authorize the Alcohol Beverage Control Commissioner of West Virginia to create and enforce a legislative rule concerning the retail sale of specific plant-based derivatives and derivative products, notably hemp and kratom. This bill seeks to establish a regulatory framework that governs the sale and distribution of these products, ensuring compliance with state laws and promoting public safety.

Key Provisions

Authorization of Rule Making: The bill specifically allows the Alcohol Beverage Control Commissioner to promulgate a legislative rule that will govern the retail enforcement of select plant-based derivatives, including:

Hemp: A plant-based product derived from cannabis that is often used for various purposes, including textiles, food, and health products.
Kratom: A tropical tree native to Southeast Asia, whose leaves are used for their psychoactive properties.

Reference to Existing Code: The bill amends and reenacts §64-7-1 of the Code of West Virginia, 1931, as amended, to include the authority for the Alcohol Beverage Control Commissioner to regulate these products under the existing framework of the Department of Revenue.

Legislative Rule Filing: The bill references a legislative rule that was filed in the State Register on August 20, 2024, which outlines the proposed regulations for the retail enforcement of these products.

Impact

Retailers and Consumers: The bill will primarily affect retailers who sell hemp and kratom products, as they will need to comply with the new regulations set forth by the Alcohol Beverage Control Commissioner. Consumers will benefit from increased oversight and regulation, potentially leading to safer products in the marketplace.

State Revenue and Enforcement: By establishing a regulatory framework, the state may enhance its ability to monitor the sale of these products, ensuring that they meet safety standards and are sold in compliance with state laws. This could also lead to increased revenue from licensing and enforcement activities.

Procedural Aspects

Legislative Timeline:

February 12, 2025: The bill was filed for introduction and referred to the Committee on Finance.
February 12, 2025: The bill was introduced in the House and subsequently sent to House Finance for further consideration.

This summary provides an overview of House Bill 2265, highlighting its purpose, key provisions, potential impacts, and procedural status. The bill represents an effort to regulate the retail sale of hemp and kratom in West Virginia, aiming to enhance consumer safety and compliance within the marketplace.