(a) On and after January 1, 2026, no consumable hemp product may be distributed into or within the state, nor offered for sale or sold at retail within the state, unless the product: (1) Has a corresponding certificate of analysis described in Section 28-12-22 issued by an independent testing laboratory that tests the batch from which the product was produced; (2) Is in the original sealed container as packaged by the producer and meets the packaging restrictions in Section 28-12-24; (3) Meets the serving size and product content requirements, including total THC, described in Section 28-12-23; and (4) Meets the labeling requirements described in Section 28-12-25. (b) Every distributor and retailer shall maintain and make immediately available for inspection to any law enforcement officer or authorized agent of the board a copy of the certificate of analysis of each consumable hemp product being distributed by a distributor or offered for sale by a retailer. (c) Any person, including any servant, agent, or employee of the person, who distributes, sells, or offers for sale any consumable hemp product in violation of this section shall be subject to the following penalties: (1) For a first offense within a four-year period, a fine of one thousand dollars ($1,000) earmarked for the State General Fund. (2) For a second offense within a four-year period, a fine of two thousand five hundred dollars ($2,500) earmarked for the State General Fund. (3) For a third or subsequent offense within a four-year period, a fine of five thousand dollars ($5,000) earmarked for the State General Fund, and if the violator is a retailer, the board may revoke the retailer license.
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