HB 1502 — MS Hemp Cultivation Act; revise provisions of and legalize manufacture and sale of hemp beverages.

H.(6) All * * * license holders and registered processors shall keep and maintain crop and/or processing records in accordance with rules and regulations adopted and enforced by the department.

The department may subject the required records to H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 7(RF\KW) (6) All * * * license holders and registered processors shall keep and maintain crop and/or processing records in accordance with rules and regulations adopted and enforced by the department.

TheMS departmentHemp mayCultivation subjectAct; the required records to inspection.

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inspection.

Negligent violations.

(b) Failing to obtain a license or other required authorization from the department;

(c) Failing to register with the department;

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 8(RF\KW) (b) Failing to obtain a license or other required authorization from the department;

(c)MS FailingHemp toCultivation registerAct; with the department;

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(4) Repeat violations.

A hemp grower that negligently violates the State Plan three (3) times in a five-year period shall be ineligible to produce hemp for a period of five (5) years beginning on the date of the third violation.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 9(RF\KW) (4) Repeat violations.

AMS hempHemp growerCultivation thatAct; negligently violates the State Plan three (3) times in a five-year period shall be ineligible to produce hemp for a period of five (5) years beginning on the date of the third violation.

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Prohibitions.

(e) Manufacture or produce any product derived from cannabis, as defined in Section 41-137-3, for sale within the State of Mississippi, except as authorized under this article, under Chapter 33, of Title 67, Mississippi Code of 1972, or under the Mississippi Medical Cannabis Act;

(f) Sell any product derived from cannabis, as defined in Section 41-137-3, within the State of Mississippi or to H.Mississippi consumers, except as authorized under this article, under Chapter 3, Title 67, Mississippi Code of 1972, or under the Mississippi Medical Cannabis Act;

H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 10(RF\KW) Mississippi consumers, except as authorized under this article, under Chapter 3 of Title 67, Mississippi Code of 1972, or under the Mississippi Medical Cannabis Act;

MS Hemp Cultivation Act;

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(a) "Purposefully" means a person acts purposely with respect to a material element of an offense if:

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 11(RF\KW) (a) "Purposefully" means a person acts purposely with respect to a material element of an offense if:

MS Hemp Cultivation Act;

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The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him or her, its disregard involves a gross H.deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 12(RF\KW) deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

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(3) All products containing cannabidiol (CBD) shall be tested in a testing facility and/or laboratory with a United H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 13(RF\KW) (3) All products containing cannabidiol (CBD) shall be tested in a testing facility and/or laboratory with a United States Drug Enforcement Administration (DEA) Certification (ISO17025) that analyzes the safety and potency of CBD products.

MS Hemp Cultivation Act;

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States Drug Enforcement Administration (DEA) Certification (ISO17025) that analyzes the safety and potency of CBD products.

H.SECTION 9.

(1) (a) Any entity licensed with the department as provided in this article shall submit a report on a quarterly H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 14(RF\KW) SECTION 9.

(1)MS (a)Hemp AnyCultivation entityAct; licensed with the department as provided in this article shall submit a report on a quarterly basis, due by the twentieth (20th) of the following month, detailing any hemp product manufactured, distributed, purchased or sold at wholesale, or sold at retail.

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basis, due by the twentieth of the following month, detailing any hemp product manufactured, distributed, purchased or sold at wholesale, or sold at retail.

The excise tax on such consumable hemp products shall be based on the sales price for which a manufacturer or processor sells to a wholesaler or retailer, and the rate of the excise tax shall be three percent (3%) of such H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 15(RF\KW) manufacturer or processor sells to a wholesaler or retailer, and the rate of the excise tax shall be three percent (3%) of such sales price.

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sales price.

Enforcement.

The * * * State Health Officer may apply for, and any judge of a court of competent jurisdiction, may issue a search warrant as is necessary H.to achieve the purposes of this * * * article relating to things, property or places within the court's territorial jurisdiction.

H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 16(RF\KW) to achieve the purposes of this * * * article relating to things, property or places within the court's territorial jurisdiction.

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(e) An employee of the state or any division, agency, institution thereof involved in the administration and/or enforcement of this article, shall not be subject to prosecution H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 17(RF\KW) (e) An employee of the state or any division, agency, institution thereof involved in the administration and/or enforcement of this article, shall not be subject to prosecution for violations related to possession or transportation of hemp or cannabis in conjunction with the employee's duties arising under this * * * article.

MS Hemp Cultivation Act;

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for violations related to possession or transportation of hemp or cannabis in conjunction with the employee's duties arising under this * * * article.

NonnegligentIf violations.a hemp grower violates the State Plan, including growing hemp containing a delta-9-tetrahydrocannabinol (THC) concentration that exceeds three-tenths percent (0.3%) on a dry * * * weight basis or a tolerance range as specified by USDA, with a culpable mental state greater than negligence as determined H.

If a hemp grower violates the State Plan, including growing hemp containing a H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 18(RF\KW) delta-9-tetrahydrocannabinol (THC) concentration that exceeds three-tenths percent (0.3%) on a dry * * * weight basis or a tolerance range as specified by USDA, with a culpable mental state greater than negligence as determined by the department, the * * * State Health Officer shall immediately report the violation and the hemp grower to the United States Attorney General, the Mississippi Attorney General and the Mississippi Public Safety Commissioner.

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by the department, the * * * State Health Officer shall immediately report the violation and the hemp grower to the United States Attorney General, the Mississippi Attorney General and the Mississippi Public Safety Commissioner.

General(1) provisions.Any person convicted of a felony relating to a controlled substance under state or federal law before, on or after * * * June 29, 2020, shall be ineligible, during the ten-year period following the date of the conviction to participate in the program established under this article and to produce hemp under any regulations or guidelines issued under this article.

(1) Any person convicted of a felony relating to a controlled substance under state or federal law before, on or after * * * June 29, 2020, shall be ineligible, during the ten-year period following the date of the conviction to H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 19(RF\KW) participate in the program established under this article and to produce hemp under any regulations or guidelines issued under this article.

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Necessity of surety bond.

The * * * department shall H.promulgate rules and regulations as necessary to require hemp processors to secure a surety bond.

A hemp processor may file with the department, in lieu of a surety bond, a certificate of deposit or irrevocable H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 20(RF\KW) promulgate rules and regulations as necessary to require hemp processors to secure a surety bond.

AMS hempHemp processorCultivation mayAct; file with the department, in lieu of a surety bond, a certificate of deposit or irrevocable letter of credit from any bank or banking corporation insured by the Federal Deposit Insurance Corporation.

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letter of credit from any bank or banking corporation insured by the Federal Deposit Insurance Corporation.

41-137-45.

(1) It shall be unlawful for any person or entity to cultivate, process, transport, use, possess, purchase, sell or transfer cannabis except as authorized by this chapter.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 21(RF\KW) 41-137-45.

(1)MS ItHemp shallCultivation beAct; unlawful for any person or entity to cultivate, process, transport, use, possess, purchase, sell or transfer cannabis except as authorized by this chapter.

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(4) A cardholder or nonresident cardholder who purposely, knowingly, or recklessly sells or otherwise transfers medical cannabis to a person or other entity is guilty of a felony punishable by a fine of not more than Three Thousand Dollars H.($3,000.00), or by commitment to the custody of the Department of Corrections for not more than two (2) years, or both.

A person convicted under this subsection is disqualified from further H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 22(RF\KW) ($3,000.00), or by commitment to the custody of the Department of Corrections for not more than two (2) years, or both.

AMS personHemp convictedCultivation underAct; this subsection is disqualified from further participation in the medical cannabis program under this chapter.

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participation in the medical cannabis program under this chapter.

(7) A practitioner who purposely refers patients to a specific medical cannabis establishment or to a registered designated caregiver, who advertises in a medical cannabis establishment, or who issues written certifications while holding a financial interest in a medical cannabis establishment, is H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 23(RF\KW) designated caregiver, who advertises in a medical cannabis establishment, or who issues written certifications while holding a financial interest in a medical cannabis establishment, is guilty of a civil offense for every false certification and shall be fined up to Five Thousand Dollars ($5,000.00) by the MDOH.

MS Hemp Cultivation Act;

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guilty of a civil offense for every false certification and shall be fined up to Five Thousand Dollars ($5,000.00) by the MDOH.

(10) A medical cannabis establishment is guilty of a civil offense for any purposeful, knowing or reckless violation of this chapter or the rules and regulations issued under this chapter H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 24(RF\KW) (10) A medical cannabis establishment is guilty of a civil offense for any purposeful, knowing or reckless violation of this chapter or the rules and regulations issued under this chapter where no penalty has been specified, and shall be fined not more than Five Thousand Dollars ($5,000.00) for each such violation by its licensing agency.

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where no penalty has been specified, and shall be fined not more than Five Thousand Dollars ($5,000.00) for each such violation by its licensing agency.

(13) A person or business entity that purposely, knowingly or recklessly sells or otherwise transfers products derived from cannabis to a person in the State of Mississippi, except as authorized under this chapter, under the Mississippi Hemp Act, or under Chapter 33, of Title 67, Mississippi Code of 1972, is guilty of a felony punishable by a fine of not more than Ten Thousand Dollars ($10,000.00), or by commitment to the custody of the Department of Corrections for not more than two (2) years, or both.

H.SECTION 17.

Consumable hemp product directory.

(1) By August 1, 2025, and annually thereafter, every manufacturer of a consumable hemp product that is sold for retail sale in H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 25(RF\KW) SECTION 17.

ConsumableMS hempHemp productCultivation directory.Act;

(1)revise Byprovisions AugustPAGE 1,25(RF\KW) 2025, and annually thereafter, every manufacturer of a consumable hemp product that is sold for retail sale in Mississippi shall execute and deliverlegalize tomanufacture the Department of Revenue a certification, under penalty of perjury, on a form and insale a manner prescribed by the Department of Revenue,hemp thatbeverages. the manufacturer is compliant with this article.

Mississippi shall execute and deliver to the Department of Revenue a certification, under penalty of perjury, on a form and in a manner prescribed by the Department of Revenue, that the manufacturer is compliant with this article.

(3) BeginningStarting October 1, 2025, the Department of Revenue shall maintain and make publicly available on its official website a directory that lists all consumable hemp product manufacturers, brand names, categories (e.g., edible, tincture, smokable, vapable, lubricant, salve, lotion, floral material, concentrate, distillate, and/or liquid), product names and flavors for which certification forms have been submitted and approved by the Department of Revenue and shall update the directory at least monthly to ensure accuracy.

(4) After ninety (90) calendar days following publication of the directory, consumable hemp products not listed in the directory and intended for retail sale in Mississippi are subject H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 26(RF\KW) (4) After ninety (90) calendar days following publication of the directory, consumable hemp products not listed in the directory and intended for retail sale in Mississippi are subject to seizure, forfeiture and destruction, and may not be purchased or sold for retail sale in Mississippi.

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to seizure, forfeiture and destruction, and may not be purchased or sold for retail sale in Mississippi.

and H.(c) No person under the age of twenty-one (21) may purchase a consumable hemp product.

(3) Any person who sells or offers for sale a consumable hemp product without proper notice as provided in this section H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 27(RF\KW) (c) No person under the age of twenty-one (21) may purchase a consumable hemp product.

(3)MS AnyHemp personCultivation whoAct; sells or offers for sale a consumable hemp product without proper notice as provided in this section shall be fined not less than Five Hundred Dollars ($500.00) for the first offense and not more than One Thousand Dollars ($1,000.00) for each subsequent offense.

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shall be fined not less than Five Hundred Dollars ($500.00) for the first offense and not more than One Thousand Dollars ($1,000.00) for each subsequent offense.

(a) "Commissioner" means the Commissioner of Revenue * * * of the State of Mississippi, and his authorized agents and employees.

(b) "Person" means one or more persons, a company, a corporation, a partnership, a syndicate or an association.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 28(RF\KW) (a) "Commissioner" means the Commissioner of Revenue * * * of the State of Mississippi, and his authorized agents and employees.

(b)MS "Person"Hemp meansCultivation oneAct; or more persons, a company, a corporation, a partnership, a syndicate or an association.

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(f) "Small craft brewery" means a person having a permit under this chapter to manufacture or brew light * * * intoxicating beverages in this state and who manufactures or brews not more than sixty thousand (60,000) barrels of light * * * intoxicating beveragesbeverage at all breweries that such person or its affiliates, subsidiary or parent company owns or controls or with whom such person contracts with for the manufacture of light * * * intoxicating beverages.

(g) "Growler" means a sealed container that holds not more than one hundred twenty-eight (128) ounces of light * * * intoxicating beverage.

A growler must have a label on it stating what it contains.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 29(RF\KW) (g) "Growler" means a sealed container that holds not more than one hundred twenty-eight (128) ounces of light * * * intoxicating beverages.

AMS growlerHemp mustCultivation haveAct; a label on it stating what it contains.

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(k) "Microbrewery" means a person having a permit under this chapter to manufacture or brew light * * * intoxicating beverages in this state and who manufactures or brews not more H.than three thousand (3,000) barrels of light * * * intoxicating beverages at its permitted location.

(l) "Hemp beverage" means a nonalcoholic beverage that meets the definition of "consumable hemp product" in Section 69-25-203, is sold in containers of no size other than twelve (12) H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 30(RF\KW) than three thousand (3,000) barrels of light * * * intoxicating beverages at its permitted location.

(l)MS "ConsumableHemp hempCultivation product"Act; means a finished product that is intended for human consumption, contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, or resins, and has a delta-9-tetrahydrocannabinol (THC) concentration of not more than three-tenths percent (0.3%) when tested in its finished form.

Therevise termprovisions "consumablePAGE hemp30(RF\KW) product"of doesand notlegalize includemanufacture anyand productsale containing any quantity of artificiallyhemp derivedbeverages. cannabinoids, as defined in Section 41-137-3, delta-8-tetrahydrocannabinol, delta-10-tetrahydrocannabinol, hexahydrocannabinol, tetrahydrocannabinol acetate, tetrahydrocannabiphorol or tetrahydrocannabivarin.

(m) "Hemp beverage" means a nonalcoholic beverage that meets the definition of "consumable hemp product" in this section, is sold in containers of no size other than twelve (12) fluid ounces, and contains no more than five (5) milligrams of THC per twelve-ounce container.

(n)(m) "Intoxicating beverage" means any alcoholic beverage, as defined in Section 67-1-5, or any light intoxicating beverage.

(o)(n) "Light intoxicating beverage" means any beer, light wine, light spirit product or hemp beverage.

(p)(o) "THC" means delta-9-tetrahydrocannabinol.

H.SECTION 21.

B.

No.

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(2) Subject to the provisions set forth in this chapter and in Section 67-1-51, it shall be lawful in this state to transport, store, sell, distribute, possess, receive, deliver and/or manufacture beer of an alcoholic content of more than eight percent (8%) by weight, if the beer is manufactured to be sold legally in another state and is transported outside of this state for retail sale.

SECTION 22.

Section 67-3-7, Mississippi Code of 1972, is amended as follows:

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 32(RF\KW) 67-3-7.

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(2) Subject to the provisions set forth in this chapter and in Section 67-1-51, it shall be lawful in this state to transport, store, sell, distribute, possess, receive, deliver and/or manufacture beer of an alcoholic content of more than eight percent (8%) by weight, if the beer is manufactured to be sold legally in another state and is transported outside of this state for retail sale.

SECTION 22.

Section 67-3-7, Mississippi Code of 1972, is amended as follows:

67-3-7.

InH. counties which have elected, or may elect by a majority vote of the duly qualified electors voting in the election, that the transportation, storage, sale, distribution, receipt and/or manufacture of * * * light intoxicating beverages shall not be permitted in the county, an election may be held in the same manner as the election hereinabove provided on the question of whether or not the transportation, storage, sale, distribution, receipt and/or manufacture of said beverages shall be permitted in such county.

Such election shall be ordered by the board of H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 33(RF\KW) supervisors of such county on a petition of twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the duly qualified electors of such county.

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In counties which have elected, or may elect by a majority vote of the duly qualified electors voting in the election, that the transportation, storage, sale, distribution, receipt and/or manufacture of * * * light intoxicating beverages shall not be permitted in the county, an election may be held in the same manner as the election hereinabove provided on the question of whether or not the transportation, storage, sale, distribution, receipt and/or manufacture of said beverages shall be permitted in such county.

Such election shall be ordered by the board of supervisors of such county on a petition of twenty percent (20%) or fifteen hundred (1 * * *500), whichever number is the lesser, of the duly qualified electors of such county.

(b) Sell light * * * intoxicating beverages at a qualified resort area as defined in Section 67-1-5 if such light * * * intoxicating beverages are sold by a person with a permit to engage in the business as a retailer of light * * * intoxicating beverages;

(c)H. Transport beer of an alcoholic content of more than eight percent (8%) by weight if it is being transported to another state for legal sale in that state;

(d) Transport legally purchased light * * * intoxicating beverages in unopened containers;

however, this paragraph shall not apply to a retailer unless the retailer has purchased the light * * * intoxicating beverages from a wholesaler or distributor for the designated sales territory in which the retailer is located and the retailer has in his possession an H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 34(RF\KW) invoice from the wholesaler or distributor for the light * * * intoxicating beverages;

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(c) Transport beer of an alcoholic content of more than eight percent (8%) by weight if it is being transported to another state for legal sale in that state;

(d) Transport legally purchased light * * * intoxicating beverages in unopened containers;

however, this paragraph shall not apply to a retailer unless the retailer has purchased the light * * * intoxicating beverages from a wholesaler or distributor for the designated sales territory in which the retailer is located and the retailer has in his possession an invoice from the wholesaler or distributor for the light * * * intoxicating beverages;

or any city or town in this state having a population of not less than one thousand (1,000) according to the latest federal decennial census and located in a countyH. that has no city or town with a population of more than two thousand five hundred (2,500);

or any city, town or village that is a county seat and has voted to come out from under the dry law under Section 67-1-14;

at an election held for the purpose, under the election laws applicable to such city, may either prohibit or permit, except as otherwise provided under Section 67-9-1, the sale and the receipt, storage and transportation for the purpose of sale of * * * light intoxicating beverages.

An election to determine whether such sale shall be permitted in cities wherein H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 35(RF\KW) its sale is prohibited by law shall be ordered by the city or town council or mayor and board of aldermen or other governing body of such city or town for such city or town only, upon the presentation of a petition for such city or town to such governing board containing the names of twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the duly qualified voters of such city or town asking for such election.

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county that has no city or town with a population of more than two thousand five hundred (2,500);

or any city, town or village that is a county seat and has voted to come out from under the dry law under Section 67-1-14;

at an election held for the purpose, under the election laws applicable to such city, may either prohibit or permit, except as otherwise provided under Section 67-9-1, the sale and the receipt, storage and transportation for the purpose of sale of * * * light intoxicating beverages.

An election to determine whether such sale shall be permitted in cities wherein its sale is prohibited by law shall be ordered by the city or town council or mayor and board of aldermen or other governing body of such city or town for such city or town only, upon the presentation of a petition for such city or town to such governing board containing the names of twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the duly qualified voters of such city or town asking for such election.

ThirtyH. (30) days' notice shall be given to the qualified electors of such city or town in the manner prescribed by law upon the question of either permitting or prohibiting such sale, and the notice shall contain a statement of the question to be voted on at the election.

The tickets to be used in the election shall have the following words printed thereon:

"For the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, * * * beer of an H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 36(RF\KW) alcoholic content of not more than eight percent (8%) by weight, and hemp beverages of a THC concentration of not more than three-tenths percent (0.3%)";

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Thirty (30) days' notice shall be given to the qualified electors of such city or town in the manner prescribed by law upon the question of either permitting or prohibiting such sale, and the notice shall contain a statement of the question to be voted on at the election.

The tickets to be used in the election shall have the following words printed thereon:

"For the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, * * * beer of an alcoholic content of not more than eight percent (8%) by weight, and hemp beverages of a THC concentration of not more than three-tenths percent (0.3%)";

If in the election a majority of the qualified electors voting in the election shall vote "For the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, * * * beer of an alcoholic contentH. of not more than eight percent (8%) by weight, and hemp beverages of a THC concentration of not more than three-tenths percent (0.3%)," then the city or town council or mayor and board of aldermen or other governing body shall pass the necessary order permitting the legal sale of such light * * * intoxicating beverages in such city or town.

If in the election a majority of the qualified electors voting in the election shall vote "Against the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 37(RF\KW) alcoholic content of not more than six percent (6%) by weight, * * * beer of an alcoholic content of not more than eight percent (8%) by weight, and hemp beverages of a THC concentration of not more than three-tenths percent (0.3%)," then the city or town council or mayor and board of aldermen or other governing body shall pass the necessary order prohibiting the sale of such light * * * intoxicating beverages in such city or town.

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content of not more than eight percent (8%) by weight, and hemp beverages of a THC concentration of not more than three-tenths percent (0.3%)," then the city or town council or mayor and board of aldermen or other governing body shall pass the necessary order permitting the legal sale of such light * * * intoxicating beverages in such city or town.

If in the election a majority of the qualified electors voting in the election shall vote "Against the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, * * * beer of an alcoholic content of not more than eight percent (8%) by weight, and hemp beverages of a THC concentration of not more than three-tenths percent (0.3%)," then the city or town council or mayor and board of aldermen or other governing body shall pass the necessary order prohibiting the sale of such light * * * intoxicating beverages in such city or town.

However, nothing herein shall be construed to make lawful the possession of * * * light intoxicatingH. beverages with the intent to sell except as authorized by this chapter.

(2) In any county or municipality in which the transportation, storage, sale, distribution, receipt and/or manufacture of light * * * intoxicating beverages is prohibited, it shall not be unlawful for a permitted wholesaler or distributor to possess light * * * intoxicating beverages when such light * * * intoxicating beverages are held therein solely for the purpose of storage and for distribution to other counties and H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 38(RF\KW) municipalities in which transportation, storage, sale, distribution, receipt and/or manufacture is lawful.

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intoxicating beverages with the intent to sell except as authorized by this chapter.

(2) In any county or municipality in which the transportation, storage, sale, distribution, receipt and/or manufacture of light * * * intoxicating beverages is prohibited, it shall not be unlawful for a permitted wholesaler or distributor to possess light * * * intoxicating beverages when such light * * * intoxicating beverages are held therein solely for the purpose of storage and for distribution to other counties and municipalities in which transportation, storage, sale, distribution, receipt and/or manufacture is lawful.

(d) To transport legally purchased light * * * intoxicating beverages in unopened containers * * * on a state or federal highway;

however, this paragraph shall not apply to a retailer unless the retailer has purchased the light * * * intoxicating beverages from a wholesaler or distributor for the designated sales territory in which the retailer is located and the retailer has in his possession an invoice from the wholesaler or distributor for the light * * * intoxicating beverages;

or (e) To transport homemade beer as authorized in Section 67-3-11.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 39(RF\KW) (4) Any light * * * intoxicating beverages found in possession of, or sold by, a person in violation of this section shall be seized and disposed of in the manner provided for in Section 67-1-18.

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(d) To transport legally purchased light * * * intoxicating beverages in unopened containers * * * on a state or federal highway;

however, this paragraph shall not apply to a retailer unless the retailer has purchased the light * * * intoxicating beverages from a wholesaler or distributor for the designated sales territory in which the retailer is located and the retailer has in his possession an invoice from the wholesaler or distributor for the light * * * intoxicating beverages;

or (e) To transport homemade beer as authorized in Section 67-3-11.

(4) Any light * * * intoxicating beverages found in possession of, or sold by, a person in violation of this section shall be seized and disposed of in the manner provided for in Section 67-1-18.

Any person so convicted may not apply for any permit or license issued by the commissioner untilH. five (5) years have elapsed from the date of such conviction.

B.

No.

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until five (5) years have elapsed from the date of such conviction.

H.67-3-17.

B.

No.

1502 *HR26/R2258* ~ OFFICIAL ~ 25/HR26/R2258 PAGE 40(RF\KW) 67-3-17.

The commissioner shall prescribe the form of the application and designate who is requiredH. to sign the application.

The application shall be signed under penalty of perjury.

(2) The application shall include a statement that the applicant will not, except as otherwise authorized in this chapter, allow any alcoholic beverages as defined in Section 67-1-5, any beer having an alcoholic content of more than eight percent (8%) by weight, any spirit product having an alcoholic content of more than six percent (6%) by weight, * * * any wine having an alcoholic content of more than five percent (5%) by weight, or any hemp beverage having a THC concentration of more than three-tenths percent (0.3%) to be kept, stored or secreted in H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 41(RF\KW) or on the premises described in such permit or license, and that the applicant will not otherwise violate any law of this state, or knowingly allow any other person to violate any such law, while in or on such premises.

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required to sign the application.

The application shall be signed under penalty of perjury.

(2) The application shall include a statement that the applicant will not, except as otherwise authorized in this chapter, allow any alcoholic beverages as defined in Section 67-1-5, any beer having an alcoholic content of more than eight percent (8%) by weight, any spirit product having an alcoholic content of more than six percent (6%) by weight, * * * any wine having an alcoholic content of more than five percent (5%) by weight, or any beverage having a THC concentration of more than three-tenths percent (0.3%) to be kept, stored or secreted in or on the premises described in such permit or license, and that the applicant will not otherwise violate any law of this state, or knowingly allow any other person to violate any such law, while in or on such premises.

(a)H. Applicant must be a person at least twenty-one (21) years of age, of good moral character and a resident of the State of Mississippi.

(b) Applicant shall not have been convicted of a felony, or of pandering or of keeping or maintaining a house of prostitution, or have been convicted within two (2) years of the date of his application of any violation of the laws of this state or the laws of the United States relating to alcoholic liquor.

(c) Applicant shall not have had revoked, except for a violation of Section 67-3-52, within two (2) years next preceding his application, any license or permit issued to him pursuant to H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 42(RF\KW) the laws of this state, or any other state, to sell alcoholic liquor of any kind.

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(a) Applicant must be a person at least twenty-one (21) years of age, of good moral character and a resident of the State of Mississippi.

(b) Applicant shall not have been convicted of a felony, or of pandering or of keeping or maintaining a house of prostitution, or have been convicted within two (2) years of the date of his application of any violation of the laws of this state or the laws of the United States relating to alcoholic liquor.

(c) Applicant shall not have had revoked, except for a violation of Section 67-3-52, within two (2) years next preceding his application, any license or permit issued to him pursuant to the laws of this state, or any other state, to sell alcoholic liquor of any kind.

H.

B.

No.

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(j) If applicant is a corporation, all officers and directors thereof, and any stockholder owning more than five H.percent (5%) of the stock of such corporation, and the person or persons who shall conduct and manage the licensed premises for the corporation shall possess all the qualifications required herein for any individual permittee.

B.

No.

1502 *HR26/R2258* ~ OFFICIAL ~ 25/HR26/R2258 PAGE 43(RF\KW) percent (5%) of the stock of such corporation, and the person or persons who shall conduct and manage the licensed premises for the corporation shall possess all the qualifications required herein for any individual permittee.

The commissioner may refuse to issue a permit to an applicant for a place that is frequented by known criminals, prostitutes, or other law violators or troublemakers who disturb the peace and quietude of the community and frequently require the assistance of peaceH. officers to apprehend such law violators or to restore order.

B.

No.

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peace officers to apprehend such law violators or to restore order.

(1) The production limits for a brewpub shall be based upon production as determined by the Department of Revenue pursuant to Section 27-71-307, * * * and a brewpub shall not manufacture more than seventy-five thousand (75,000) gallons of light * * * intoxicating beveragesbeverage per calendar year.

H.(2) Light * * * intoxicating beverages produced at a brewpub shall not be sold at a price less than it cost to manufacture such light * * * intoxicating beverages.

B.

No.

1502 *HR26/R2258* ~ OFFICIAL ~ 25/HR26/R2258 PAGE 44(RF\KW) (2) Light * * * intoxicating beverages produced at a brewpub shall not be sold at a price less than it cost to manufacture such light * * * intoxicating beverages.

H.

B.

No.

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H.SECTION 30.

B.

No.

1502 *HR26/R2258* ~ OFFICIAL ~ 25/HR26/R2258 PAGE 45(RF\KW) SECTION 30.

Before any person shall engage in the business of manufacturer, wholesaler, distributor or retailer of light * * * intoxicating beverages, he or she shall apply to the commissioner for a license to engage in such business, and shall pay to the commissioner the specific tax imposed by Section 27-71-303, for the privilege of engaging in such business.

H.

B.

No.

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(1) Any person desiring to engage in business as a brewpub shall file with the commissioner, along with the application required by Section 67-3-17, * * * a certificate issued by a licensed testing laboratory indicating that such laboratory has tested a sample of the applicant's * * * light H.intoxicating beverages, and that the alcohol content of such sample of beer does not exceed eight percent (8%) by weight, and the alcohol content of such sample of light spirit product does not exceed six percent (6%) by weight, and the alcoholic content of such sample of light wine does not exceed five percent (5%) by weight, and the THC concentration of such sample of hemp beverage does not exceed three-tenths percent (0.3%).

(2) Every brewpub shall be required to submit to random testing by the commissioner to determine whether any beer being manufactured, sold, kept, stored or secreted by the license holder contains an alcohol content greater than eight percent (8%) by weight, and any light spirit product being manufactured, sold, kept, stored or secreted by the license holder contains an alcoholic content greater than six percent (6%) by weight, and any light wine being manufactured, sold, kept, stored or secreted by H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 46(RF\KW) intoxicating beverages, and that the alcohol content of such sample of beer does not exceed eight percent (8%) by weight, and the alcohol content of such sample of light spirit product does not exceed six percent (6%) by weight, and the alcoholic content of such sample of light wine does not exceed five percent (5%) by weight, and the THC concentration of such sample of hemp beverage does not exceed three-tenths percent (0.3%).

(2)MS EveryHemp brewpubCultivation shallAct; be required to submit to random testing by the commissioner to determine whether any beer being manufactured, sold, kept, stored or secreted by the license holder contains an alcohol content greater than eight percent (8%) by weight, and any light spirit product being manufactured, sold, kept, stored or secreted by the license holder contains an alcoholic content greater than six percent (6%) by weight, and any light wine being manufactured, sold, kept, stored or secreted by the license holder contains an alcoholic content greater than five percent (5%) by weight, and any hemp beverage being manufactured, sold, kept, stored or secreted by the license holder contains a THC concentration greater than three-tenths percent (0.3%).

revise provisions PAGE 46(RF\KW) of and legalize manufacture and sale of hemp beverages.

the license holder contains an alcoholic content greater than five percent (5%) by weight, and any hemp beverage being manufactured, sold, kept, stored or secreted by the license holder contains a THC concentration greater than three-tenths percent (0.3%).

H.67-3-29.

B.

No.

1502 *HR26/R2258* ~ OFFICIAL ~ 25/HR26/R2258 PAGE 47(RF\KW) 67-3-29.

The commissioner shall not revoke or suspend a permit of a retailer for the sale of light * * * intoxicating beverages to a person under the age of twenty-one (21) years until there has been a conviction of the permitH. holder or an employee of the permit holder for such violation.

(2) If any person exercising any privilege taxable under the provisions of Chapter 71 of Title 27, Mississippi Code of 1972, shall willfully neglect or refuse to comply with the provisions of such chapter, or any rules or regulations promulgated by the commissioner under authority of such chapter, or the provisions of this chapter, including maintaining the qualifications of an applicant under Section 67-3-19, during the permit period, the commissioner shall be authorized to revoke or suspend the permit theretofore issued to the person.

Any person whose permit shall H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 48(RF\KW) have been revoked by the commissioner shall be thereafter prohibited from exercising any privilege under the provisions of Chapter 71 of Title 27, Mississippi Code of 1972, for a period of two (2) years from the date of the revocation.

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permit holder or an employee of the permit holder for such violation.

(2) If any person exercising any privilege taxable under the provisions of Chapter 71 of Title 27, Mississippi Code of 1972, shall willfully neglect or refuse to comply with the provisions of such chapter, or any rules or regulations promulgated by the commissioner under authority of such chapter, or the provisions of this chapter, including maintaining the qualifications of an applicant under Section 67-3-19, during the permit period, the commissioner shall be authorized to revoke or suspend the permit theretofore issued to the person.

Any person whose permit shall have been revoked by the commissioner shall be thereafter prohibited from exercising any privilege under the provisions of Chapter 71 of Title 27, Mississippi Code of 1972, for a period of two (2) years from the date of the revocation.

(3) In addition to the reasons specified in this section and other provisions of this chapter, the commissioner shall be authorizedH. to suspend the permit of any permit holder for being out of compliance with an order for support, as defined in Section 93-11-153.

The procedure for suspension of a permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a permit suspended for that purpose, shall be governed by Section 93-11-157 or Section 93-11-163, as the case may be.

If there is any conflict between any provision of Section 93-11-157 or Section 93-11-163 and any provision of this chapter, H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 49(RF\KW) the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

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authorized to suspend the permit of any permit holder for being out of compliance with an order for support, as defined in Section 93-11-153.

The procedure for suspension of a permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a permit suspended for that purpose, shall be governed by Section 93-11-157 or Section 93-11-163, as the case may be.

If there is any conflict between any provision of Section 93-11-157 or Section 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

H.

B.

No.

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or H.(d) Sell light * * * intoxicating beverages to any such retail dealer on credit.

B.

No.

1502 *HR26/R2258* ~ OFFICIAL ~ 25/HR26/R2258 PAGE 50(RF\KW) (d) Sell light * * * intoxicating beverages to any such retail dealer on credit.

(a) Any person engaged in the business of brewing or manufacturing beer or in the business of manufacturing or producing light wines *or, * *, light spirit products or hemp beverages;

H.

B.

No.

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This provision also shall apply H.to all affiliated companies, wholly owned subsidiaries or joint ventures.

B.

No.

1502 *HR26/R2258* ~ OFFICIAL ~ 25/HR26/R2258 PAGE 51(RF\KW) to all affiliated companies, wholly-owned subsidiaries or joint ventures.

(1) A small craft brewery may sell at retail light * * * intoxicating beverages produced at its brewery for consumption on the premises of the brewery and consumption off the premises of the brewery if the sales are made on the premises of theH. brewery and the light * * * intoxicating beverage products offered for sale are also made available for sale to wholesalers.

(2) (a) A small craft brewery shall not sell at retail more than twenty-five percent (25%) of the light * * * intoxicating beverages produced annually at its brewery or more than two thousand five hundred (2,500) barrels of light * * * intoxicating beverages produced at the brewery annually, whichever is the lesser amount.

For purposes of this subsection, contract-brewed beer shall not be included in the amount of beer produced annually at the brewery.

The light * * * intoxicating beverages must be H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 52(RF\KW) sold at a price approximating retail prices generally charged for identical beverages in the county where the brewery is located.

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the brewery and the light * * * intoxicating beverages products offered for sale are also made available for sale to wholesalers.

(2) (a) A small craft brewery shall not sell at retail more than twenty-five percent (25%) of the light * * * intoxicating beverage produced annually at its brewery or more than two thousand five hundred (2,500) barrels of light * * * intoxicating beverage produced at the brewery annually, whichever is the lesser amount.

For purposes of this subsection, contract-brewed beer shall not be included in the amount of beer produced annually at the brewery.

The light * * * intoxicating beverages must be sold at a price approximating retail prices generally charged for identical beverages in the county where the brewery is located.

(d) A microbrewery shall not sell at retail more than eighty percent (80%) of light * * * intoxicating beveragebeverages produced annually at its brewery.

(3) A small craft brewery or microbrewery shall take commercially reasonable steps to ensure that light * * * intoxicating beverages sold for consumption off the premises of the brewery are being sold for personal use and not for resale and are not being sold to anyone holding a retail permit for the purpose of resale in their establishment.

(4) A small craft brewery or microbrewery shall not make retail sales of contract-brewed beer.

(5) A small craft brewery or microbrewery shall not mail or ship any light * * * intoxicating beverage to a consumer.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 53(RF\KW) SECTION 37.

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(3) A small craft brewery or microbrewery shall take commercially reasonable steps to ensure that light * * * intoxicating beverages sold for consumption off the premises of the brewery are being sold for personal use and not for resale and are not being sold to anyone holding a retail permit for the purpose of resale in their establishment.

(4) A small craft brewery or microbrewery shall not make retail sales of contract-brewed beer.

(5) A small craft brewery or microbrewery shall not mail or ship any light * * * intoxicating beverage to a consumer.

SECTION 37.

(1) *In *the *event If a small craft brewery is acquired by an entity that manufactures light * * * intoxicating beverages that does not fall within the definition of the term "small craft brewery," the entity that acquired the small craft brewery may continue to operate the brewery as a small craft brewery for as long as the acquired facility meets the definition of the term "small craft brewery";

(2) In the event a small craft brewery acquires an entity that manufactures light * * * intoxicating beverages that does not fallH. within the definition of the term "small craft brewery," the small craft brewery that acquired the entity may continue to operate as a small craft brewery for as long as the brewery meets the definition of the term "small craft brewery." The light * * * intoxicating beverages produced by the entity that is acquired by a small craft brewery shall not apply to the limit in Section 67-3-3 on the amount of light * * * intoxicating beverages that the small craft brewery may produce.

(3) A small craft brewery described in subsections (1) and (2) of this section may continue to sell at retail brands the H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 54(RF\KW) small craft brewery produces on its premises at all locations at which it was selling the brands at retail at the time of the acquisition;

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fall within the definition of the term "small craft brewery," the small craft brewery that acquired the entity may continue to operate as a small craft brewery for as long as the brewery meets the definition of the term "small craft brewery." The light * * * intoxicating beverages produced by the entity that is acquired by a small craft brewery shall not apply to the limit in Section 67-3-3 on the amount of light * * * intoxicating beverages that the small craft brewery may produce.

(3) A small craft brewery described in subsections (1) and (2) of this section may continue to sell at retail brands the small craft brewery produces on its premises at all locations at which it was selling the brands at retail at the time of the acquisition;

Any person that shall add to or mix with any * * * light intoxicating beverages any alcoholic or other liquid, or any alcohol cube or cubes, or any other ingredient or ingredientsH. that will increase or tend to increase the alcoholic or THC content of such * * * beverage, or any person that shall knowingly offer for sale any * * * beverage so treated, shall be guilty of a misdemeanor and punished as hereinafter provided in this chapter.

The commissioner shall take any action he or she considers necessary to ensure that light * * * intoxicating beverages manufactured at a brewpub complies with the provisions of this section.

(2) A brewer or manufacturer of light * * * intoxicating beverages may manufacture and keep upon his premises beer of an H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 55(RF\KW) alcoholic content of more than eight percent (8%) by weight if the beer is manufactured for legal sale in another state.

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ingredients that will increase or tend to increase the alcoholic or THC content of such * * * beverage, or any person that shall knowingly offer for sale any * * * beverage so treated, shall be guilty of a misdemeanor and punished as hereinafter provided in this chapter.

The commissioner shall take any action he considers necessary to ensure that light * * * intoxicating beverages manufactured at a brewpub complies with the provisions of this section.

(2) A brewer or manufacturer of light * * * intoxicating beverages may manufacture and keep upon his premises beer of an alcoholic content of more than eight percent (8%) by weight if the beer is manufactured for legal sale in another state.

(2) It shall be unlawful for any person to sell, or offer for sale, or keep for sale any * * * light intoxicating beverage inH. the original package or packages unless each such original package (whether barrel or other container, and whether containing liquor in bottles or otherwise) shall have plainly stamped on the container or label for each such container the full name of the manufacturer of the liquor therein contained.

(3) It shall be unlawful for any person to sell on draught any * * * light intoxicating beverage except the same be drawn from the original barrel or other container, which such container shall have plainly stamped on each end thereof the full name of the manufacturer of such liquor.

H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 56(RF\KW) (4) This section shall not apply to beer offered and provided on the premises of a brewery for the purpose of tasting or sampling as authorized in Section 67-3-47.

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in the original package or packages unless each such original package (whether barrel or other container, and whether containing liquor in bottles or otherwise) shall have plainly stamped on the container or label for each such container the full name of the manufacturer of the liquor therein contained.

(3) It shall be unlawful for any person to sell on draught any * * * light intoxicating beverage except the same be drawn from the original barrel or other container, which such container shall have plainly stamped on each end thereof the full name of the manufacturer of such liquor.

(4) This section shall not apply to beer offered and provided on the premises of a brewery for the purpose of tasting or sampling as authorized in Section 67-3-47.

Any person convicted of violating this section, or any rules or regulations promulgated by the commissionerH. with regard to the unlawful acts described in this section, shall forfeit his permit.

Any person whose permit has been forfeited pursuant to this section shall not be eligible for a permit issued by the commissioner for a period of five (5) years after the date of such forfeiture.

In addition, no permit shall be issued for the same location, for which an offender has forfeited a permit pursuant to this section, to a spouse, offspring or sibling of the offender when to do so would circumvent the purposes of this section.

The commissioner may assess a retailer who violates this section the amount of excise H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 57(RF\KW) taxes due on the unlawfully imported * * * light intoxicating beverages, together with a penalty in the amount of four (4) times the state excise taxes due or One Hundred Dollars ($100.00) per case, whichever is greater.

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commissioner with regard to the unlawful acts described in this section, shall forfeit his permit.

Any person whose permit has been forfeited pursuant to this section shall not be eligible for a permit issued by the commissioner for a period of five (5) years after the date of such forfeiture.

In addition, no permit shall be issued for the same location, for which an offender has forfeited a permit pursuant to this section, to a spouse, offspring or sibling of the offender when to do so would circumvent the purposes of this section.

The commissioner may assess a retailer who violates this section the amount of excise taxes due on the unlawfully imported * * * light intoxicating beverages, together with a penalty in the amount of four (4) times the state excise taxes due or One Hundred Dollars ($100.00) per case, whichever is greater.

In addition to any act declared to be unlawful by this chapter, or by Sections 27-71-301 through 27-71-347, and Sections 67-3-17, 67-3-27, 67-3-29 and 67-3-57, it shall be unlawful for the holder of a permit authorizing the sale of * * * light * * * intoxicating beverages at retail or a small craft brewery selling light * * * intoxicating beverages at retail pursuant to Section 67-3-48 or for the employee of the holder of such a permit or the employee of such a brewery:

(a)H. To sell or give to be consumed in or upon any licensed premises or in or upon the premises of a small craft brewery any * * * light intoxicating beverage between the hours of midnight and seven o'clock the following morning or during any time the licensed premises may be required to be closed by municipal ordinance or order of the board of supervisors;

however, in areas where the sale of alcoholic beverages is legal under the provisions of the Local Option Alcoholic Beverage Control Law and the hours for selling those alcoholic beverages have been extended beyond midnight for on-premises permittees under Section 67-1-37, the hours for selling * * * light intoxicating beverages are H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 58(RF\KW) likewise extended in areas where the sale of * * * light intoxicating beverages is legal in accordance with the provisions of this chapter.

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(a) To sell or give to be consumed in or upon any licensed premises or in or upon the premises of a small craft brewery any * * * light intoxicating beverage between the hours of midnight and seven o'clock the following morning or during any time the licensed premises may be required to be closed by municipal ordinance or order of the board of supervisors;

however, in areas where the sale of alcoholic beverages is legal under the provisions of the Local Option Alcoholic Beverage Control Law and the hours for selling those alcoholic beverages have been extended beyond midnight for on-premises permittees under Section 67-1-37, the hours for selling * * * light intoxicating beverages are likewise extended in areas where the sale of * * * light intoxicating beverages is legal in accordance with the provisions of this chapter.

(e)H. To permit persons of ill repute, known criminals, prostitutes or minors to frequent the licensed premises or the premises of the small craft brewery, except minors accompanied by parents or guardians, or under proper supervision.

(f) To permit or suffer illegal gambling or the operation of illegal games of chance upon the licensed premises or the premises of the small craft brewery.

(g) To receive, possess or sell on the licensed premises or, except as otherwise authorized by this chapter, on the premises of the small craft brewery any beverage of any kind or character containing more than five percent (5%) of alcohol by weight except any beer containing not more than eight percent (8%) H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 59(RF\KW) of alcohol by weight, unless the licensee also possesses an on-premises or manufacturer's permit under the Local Option Alcoholic Beverage Control Law.

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(e) To permit persons of ill repute, known criminals, prostitutes or minors to frequent the licensed premises or the premises of the small craft brewery, except minors accompanied by parents or guardians, or under proper supervision.

(f) To permit or suffer illegal gambling or the operation of illegal games of chance upon the licensed premises or the premises of the small craft brewery.

(g) To receive, possess or sell on the licensed premises or, except as otherwise authorized by this chapter, on the premises of the small craft brewery any beverage of any kind or character containing more than five percent (5%) of alcohol by weight except any beer containing not more than eight percent (8%) of alcohol by weight, unless the licensee also possesses an on-premises or manufacturer's permit under the Local Option Alcoholic Beverage Control Law.

(1) A person who is at least eighteen (18) years of age but under the age of twenty-one (21) years may possess and consume light * * * intoxicating beverages with the consent of his parent or legal guardian in the presence of his parent or legal guardian,H. and it shall not be unlawful for the parent, legal guardian or spouse of such person to furnish light * * * intoxicating beverages to such person who is at least eighteen (18) years of age.

(2) A person who is at least eighteen (18) years of age and who is serving in the armed services of the United States may lawfully possess and consume light * * * intoxicating beverages on military property where the consumption of light * * * intoxicating beverages is allowed.

(3) A person who is under twenty-one (21) years of age shall not be deemed to unlawfully possess or furnish light * * * H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 60(RF\KW) intoxicating beverages, if in the scope of his employment such person:

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guardian, and it shall not be unlawful for the parent, legal guardian or spouse of such person to furnish light * * * intoxicating beverages to such person who is at least eighteen (18) years of age.

(2) A person who is at least eighteen (18) years of age and who is serving in the armed services of the United States may lawfully possess and consume light * * * intoxicating beverages on military property where the consumption of light * * * intoxicating beverages is allowed.

(3) A person who is under twenty-one (21) years of age shall not be deemed to unlawfully possess or furnish light * * * intoxicating beverages, if in the scope of his employment such person:

(1) Except as otherwise provided in Section 67-1-41, it shall be unlawful for any retailer to possess for purpose of sale, to sell, or to offer to sell any light * * * intoxicatingH. beverage which was not purchased from a wholesaler in this state who has a permit to sell such light * * * intoxicating beverages, except for * * * a light intoxicating beverage that was brewed on the premises of the retailer who holds a permit as a brewpub pursuant to Article 3, Chapter 71, Title 27, Mississippi Code of 1972.

(2) It shall be unlawful for any wholesaler to possess for purpose of sale, to sell, or to offer to sell any light * * * intoxicating beverage which was not purchased from a manufacturer or importer of a foreign manufacturer authorized to sell such light * * * intoxicating beverage in this state.

H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 61(RF\KW) (3) This section shall not apply to:

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intoxicating beverage which was not purchased from a wholesaler in this state who has a permit to sell such light * * * intoxicating beverage, except for * * * a light intoxicating beverage that was brewed on the premises of the retailer who holds a permit as a brewpub pursuant to Article 3, Chapter 71, Title 27, Mississippi Code of 1972.

(2) It shall be unlawful for any wholesaler to possess for purpose of sale, to sell, or to offer to sell any light * * * intoxicating beverage which was not purchased from a manufacturer or importer of a foreign manufacturer authorized to sell such light * * * intoxicating beverage in this state.

(3) This section shall not apply to:

H.

B.

No.

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H.67-3-59.

B.

No.

1502 *HR26/R2258* ~ OFFICIAL ~ 25/HR26/R2258 PAGE 62(RF\KW) 67-3-59.

H.

B.

No.

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Every railroad company, express company, aeroplane company, motor transportation company, steamboat company, or other transportation company, or any person that shall transport into, from place to place within, or out of this state any light * * * H.intoxicating beverage, whether brewed or manufactured within this state or outside of this state, when requested by the commissioner, shall furnish him with a duplicate of the bill of lading covering the receipt for such liquor, showing the name of the brewer or manufacturer or distributor, and the name and address of the consignor and of the consignee, and the date when and place where received, and the destination and the quantity of such liquor received from the manufacturer or brewer or other consignor for shipment from any point within or without this state to any point within this state.

Any such company or person so transporting any such liquor that shall fail to comply with the requirements of this section, shall forfeit and pay to the State of Mississippi the sum of One H.

1502 *HR26/R2258**HR26/R2258PH* ~ OFFICIAL ~ 25/HR26/R225825/HR26/R2258PH PAGEST: 63(RF\KW) intoxicating beverage, whether brewed or manufactured within this state or outside of this state, when requested by the commissioner, shall furnish him with a duplicate of the bill of lading covering the receipt for such liquor, showing the name of the brewer or manufacturer or distributor, and the name and address of the consignor and of the consignee, and the date when and place where received, and the destination and the quantity of such liquor received from the manufacturer or brewer or other consignor for shipment from any point within or without this state to any point within this state.

AnyMS suchHemp companyCultivation orAct; person so transporting any such liquor that shall fail to comply with the requirements of this section, shall forfeit and pay to the State of Mississippi the sum of One Hundred Dollars ($100.00) for each such failure, to be recovered in any court of competent jurisdiction.

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Hundred Dollars ($100.00) for each such failure, to be recovered in any court of competent jurisdiction.

The commissioner shall cause a record to be kept of the names and places of business of all persons engaged in the brewing of beer, of all persons engaged in the manufacture of light * * * intoxicating beverages, and of all persons engaged in the sale of light * * * intoxicating beverages, whether at retail H.or otherwise.

B.

No.

1502 *HR26/R2258* ~ OFFICIAL ~ 25/HR26/R2258 PAGE 64(RF\KW) or otherwise.

H.

B.

No.

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Nothing in this chapter shall prohibit the governing body of any municipality from designating what territory surrounding churches and schools in said municipalities, and the board of supervisors of any county from designating what territory H.surrounding churches and schools outside of any municipality, in which light * * * intoxicating beverages shall not be sold or consumed.

B.

No.