Subcommittee advances bill setting mandatory minimum penalty for selling hemp-derived gummies to under-21s

House Bill 72, sponsored by Chairman Howell, would keep the sale of certain hemp-derived cannabinoid gummies classified as a Class A misdemeanor but add a mandatory minimum penalty for sellers who sell to anyone under 21: 48 hours in jail and a minimum $500 fine.

"This bill keeps the class a misdemeanor, but it sets a minimum penalty of a 48 hours in jail," Chairman Howell said, describing constituent concerns from educators and superintendents who reported increased access by K–12 students and recent overdoses. Howell said the proposal responds to reports that some packages resemble candy.

Representative Powell questioned whether clerks or store employees who mistakenly sell such products would face the mandatory penalty; Howell responded that as written the bill assigns responsibility to anyone who sells to a person under 21. "The way the bill is written, anyone who sells it to anyone under 21 years of age would be responsible for that crime," Howell said.

Leader Lambert and other members described enforcement actions in local stings for selling restricted items to minors as evidence the penalty can deter noncompliance. Representative Salinas raised a health-related scenario involving pediatric cancer patients; the sponsor and the bill language as discussed do not include an exception, and Howell said the bill addresses only sales to those under 21.

The subcommittee voted to advance House Bill 72 to the full House Judiciary Committee by a 7-2 margin. Members did not record amendments on the floor of the subcommittee; sponsors and members suggested possible future changes addressing packaging or labeling.