(a) As used in this section, “barrier” means the point of purchase having an actual physical separation between HDCPs on display and the consumer at a retail establishment or another designated area of the retail establishment that is inaccessible to the consumer and that requires assistance from a retail clerk in order to access and purchase HDCPs.
(b) HDCPs may be sold at retail in the following locations:(1) An establishment that limits entry into the premises to individuals who are twenty-one (21) years of age or older;(2) An establishment that holds a valid license issued by the commission pursuant to § 57-4-102 or § 57-4-201. An establishment that qualifies under this subdivision (b)(2) may only sell HDCPs in a quantity and manner intended for on-premise consumption while present at the establishment in accordance with rules of the commission and subject to state and local laws restricting the use of vape cartridges or hemp or hemp flower in establishments and public places;(3) An establishment that holds a valid license issued by the commission pursuant to § 57-3-204; or(4) An establishment owned or leased by a licensee that holds a valid supplier license, wholesale license, and retail license for the same location where HDCPs will be manufactured and sold at retail, or an establishment owned or leased by a licensee that holds a valid supplier license and retail license for the same location where HDCPs will be manufactured and sold, and that has contracted with a wholesale licensee for remitting the tax levied under § 57-7-108 and for the wholesale distribution of the supplier's products. For the products that are manufactured on the supplier's licensed premises and that are sold at retail on the supplier's licensed premises, if all requirements of this section have been met, a supplier is not required to have the products that it manufactures and sells at retail on its licensed premises warehoused by the supplier's contracted wholesale licensee.
(1) An establishment that limits entry into the premises to individuals who are twenty-one (21) years of age or older;
(2) An establishment that holds a valid license issued by the commission pursuant to § 57-4-102 or § 57-4-201. An establishment that qualifies under this subdivision (b)(2) may only sell HDCPs in a quantity and manner intended for on-premise consumption while present at the establishment in accordance with rules of the commission and subject to state and local laws restricting the use of vape cartridges or hemp or hemp flower in establishments and public places;
(3) An establishment that holds a valid license issued by the commission pursuant to § 57-3-204; or
(4) An establishment owned or leased by a licensee that holds a valid supplier license, wholesale license, and retail license for the same location where HDCPs will be manufactured and sold at retail, or an establishment owned or leased by a licensee that holds a valid supplier license and retail license for the same location where HDCPs will be manufactured and sold, and that has contracted with a wholesale licensee for remitting the tax levied under § 57-7-108 and for the wholesale distribution of the supplier's products. For the products that are manufactured on the supplier's licensed premises and that are sold at retail on the supplier's licensed premises, if all requirements of this section have been met, a supplier is not required to have the products that it manufactures and sells at retail on its licensed premises warehoused by the supplier's contracted wholesale licensee.
(c) Signage must be displayed in all areas where HDCPs are displayed, in a manner to be determined by the commission, clearly advising and warning the consumer that the HDCPs on display may have intoxicating effects and cause impairment. HDCPs may only be displayed in an area of the retail establishment that is constantly visible to a retail licensee employee. An HDCP in this state must not be dispensed by or sold via the use of a self-checkout retail system or vending machine.
(d) An HDCP must be maintained by a retailer behind a barrier unless the HDCP is a hemp-derived cannabinoid beverage product having a minimum container size of twelve (12) fluid ounces or unless the retailer is licensed pursuant to subdivision (b)(1).
(e) A violation of this section is a Class A misdemeanor.