Agriculture, Forestry & Economic Development - Senate

One of. Her own expense we don't have a quorum. The two will not pass any bill for the. Let me find out if we can yes folks here while we're waiting on some of the people the I do want to introduce some folks to. We've got to submit guest and the. Research shows order. Special guests have got to today is my grandson John Weatherford. The right here and the. No to look like a room with. The center the secretary Wardlaw Mr tech so. Or both the broker all right. The issue in few minutes. Adam were you right would you please Adam Shay with Russia a Russian food the please the. They the you've got what you're doing and and welcome to the act. Thanks. Yes we've got rice. Ship program it's our Russell program we have a former state young to buy some district police managers and this is our third legislative session. Thank you bill will raise your hand wonder here was rocked Regehr were we can see everybody. To avoid a few minutes we've got to controversy today and I'd like everybody else to show up at school. Should Wallace says no the bill it's a sign of the times of the time frame of the session we start running late a lot to build we run a lot of our members are in other committees I need to be another committee right now so. The anyway the centre was your bill controversial. We're already. If you would come in the table please. Turn your microphone I didn't file yourself for the record. Thank you for talking about Senate bill two O. nine yes yes Mister chair thank you members of the committee good morning Senator Missy Irvin district twenty four at this is a concurrence of an amendment that we made on the House ins but it's actually something that I just wanted to clarify myself along with discussions with senator Peyton senator Hickey so what the amendment does is just clarify that were in the fiscal year as we are and making this decision so that that it was just more it was written more clearly so that's that's what the house amendment does is just to make it very clear that and the decision to dispense with inspection of registration fees is effective for the fiscal year following the board's decision that's all the change that. Members have questions. Hillman builders speak for against this bill. You know close for your I am close to appreciate the work with them the the the folks I worked within the agency and the department of energy and environment present a good vote for concurrence of the amendment. Motion do pass second of second all in favor say aye aye aye All opposed congratulations we did get something to thank you thank you. Senator Johnson Andrew. The reason I'm more of a recess for about ten minutes to see if I can gather from other members of we stand in recess until about ten minutes. Yeah. Well. Come back to order please we've got folks to show up and work this thing out. The Senator Blake Johnson. What bill are you the one. Three eighty three if you would Turner Michael on. Identify yourself for the record. Senator Blake Johnson District twenty one This bill goes to when I began this process in twenty twenty one and and it. It names a prohibited foreign parties which could could not buy land in the state of Arkansas. About fourteen other states have these prohibitions in some some way or form or hal the whenever I first began this process it was the mayor of Missouri's law which did band all of foreign parties from owning lands and it was way too broad with this this prohibition is from those Act nations and I want to give you a few of those that are on the list that is China Cuba Iran North Korea Syria Venezuela Afghanistan Haiti Iraq Lebanon. Eleven in Libya Russia some all the the that's just a piece of there's twenty four of those nations that that are on the added to our list that we don't do defense secrets are trading with us and the We have recently seen a balloon flower over our land and there is a great concert you know concern over that and I think the concern as well should be or the land that's the symbol of where that Malone was that that is is in Arkansas and I feel like it's the the defense. I mean if we can't feed or clothe ourselves as a nation it's a defense issue that for for our for our nation and for Arkansas so that's why I have of the. Crafted this bill and and would appreciate a good vote or. Questions from the committee. If not we have two people to come speak against it. If you all would come to the end of the table please. The show morning. Yes you'll chair. Bloom the Bill tool to speak will take turns. The please identify yourself for the record Sir the morning committee thank you senator Caldwell my name is Wes lesane with the Arkansas land title association. We don't have a problem with the bill beyond it creating uncertainty and unintended consequences with respect to the ownership and marketability of title which at some point in time may have been owned by prohibited party. US real property and transactions concerning US real property make up about thirteen percent of the gross domestic product obviously it's an important commodity this traded in the United States as a land title professional we insurer. A purchasers interest in that property or mortgage lenders interest in that property if there is uncertainty with respect to that property being clouded based on governmental action at a later date because a form party had on that property in the past then that's a problem for us because we would have to then take exception to that interest or that possibility in a title insurance policy which would not be acceptable to most lenders and probably not acceptable to most purchasers we have some amendments which we would like Senator Johnson to entertain we're not trying to kill the bill but rather were seeking to amend it to avoid uncertainty and unintended consequences with respect to the divestiture of that property by prohibited party and the future sale and marketability of that property down the road for other parties. I have a question on that for instance in the mud issue can for city of the ills annual TV building property of hunters so occurs and million and a half square foot building use built by a company for Canada sold to a Chinese company and then turn around and. Of the company from Canada bought it back so what you're saying right now is a title company you would have problems. Ewing title insurance to that company based on this bill we could if there were if there were mechanisms within the bill for the government to come back and say because China had an ownership in that property in the past we might now upset the title for the future owner whether that's the Canadian company that owns it now we're some future holder of an interest in that property. So because it was on so what we're trying to do is make sure that once the prohibited foreign party has divested their interest in that property whether that's voluntary or through some forced divestiture proceeding you know another question with respect to the bill is who's going to enforce that you know we've seen some and I believe it was house bill fourteen seventy nine or the Attorney General has been given not authority it's unclear and Senate bill three eighty three who's going to be the prosecutor if you will enforcing god of divestiture of that property is simply says that the circuit court may order but it doesnt clarify who's bringing that action so we've got to be sure that there's a good solid process with due process for all parties involved that creates the divestiture such that innocent third party could then purchase that without fear that at some point in the future the government might call back at the. You would have a question Richard listening. Omentum members you have this anything drafted you have suggestions or what yes Sir and that has been shared with senator Johnson. That we shared that we shared an email yesterday that I gave the governor's office the Senate bill three forty it's been out there for a month. And to come with them possible amendments the day before that I have not cleared through the governor's office this is been working with the governor's office for a month. That that process right there wrong. For for the title companies to come. A month into this process in three weeks before the end of the session and. There is there is a process by law and due process is is a part of all these the the vestments. If you have questions. do you Sir to love. Thank you Mr. Yes the only question I would have. Two Senator Johnson is are you are you opposed to the amendment that they're proposing or you just supposed to the process that they they came in I have not even got to look at the amendment I gave that to the governor's office and I have not heard back from the governor's office on whether that is a legitimate the committee amendment are not are concerned you know and in the process. But it's concerning to me whenever whenever they come. Whenever they email me the day before. Thank you. Gilmore. On the I guess the question two years talking about the due process so the last page page six upon receiving notice and it lays out the Attorney General shall take action in circuit. Is is that not a. Form of due process I mean obviously there actions and steps that have to be made in order to go through that process I would choose me that would be a form of due process but there's still uncertainty with respect to the marketability of the title after it goes through this process with the way that the bill is written currently we've suggested some amendments which could shore that up. With which we with them with withdraw our objection to the bill not try like I said before we're not trying to kill the bill and I should add that we have talked with the Arkansas Bar Association and the Arkansas Bar Association supports are amendments as well. Any other one right one other comment center Johnson mentioned three forty and working months with respect to that but today we're here on three eighty three which I believe was just filed last week. Any other questions from committee. In protest one thank you Sir thank you deal price. Which I'm sorry. Bills Rome. Okay this is only a. There's only one. You will have a question. Johnson. The owner of this signed up to speak for against or Josh you'll close your bill thank you members in those the vestments I'm. I mean that I have not had a chance to absorb those. Possible changes but I don't have a problem with that as long as we have time to change those things. But you know to come to me the day before and asked for an amendment. Is without time to create crafted Amendment or clear to other other Interxion parties that help. Eight this bill is is not acceptable to me as a member the. The possibility you is is there but I don't. The see a problem it is just like any other real estate thing and senator Caldwell mentioned you know a Canadian company sold it to the Chinese company that sold it to back to a Canadian company that's just part of the. Of closing and title and I don't know hello being forced to to divest in an enclosure process through circuit court could create an insurance problem for the property so I appreciate their testimony the and I and I've tried to work with other other concerns that's why I created this bill three eighty three and and it cleared up some concerns and and then there's the there's concerns with publicly traded companies. The having a possibility of of not knowing ownership. But that's why we put it in a prohibited foreign parties part of the bill that that in Oregon and correlation and and thirty three percent and fifty percent ownership so if if you're fifty percent owned by prohibited party or thirty three percent interest in your in your business then you should know those signings and I appreciate I appreciate everyone's time and consideration and and I would greatly. Hope that that we can protect Arkansas's agriculture land for the future of our the future of our state and children the nation and so we can feed and clothe herself. Thank you members. Will committee. Motion to pass. All in favor say aye All opposed. your bill passes Sir John's I would like to say something in in defense of those who spoke against the of if they rush you of the Amendment yours today they've had five days which seems to be reasonable a at least look at any we will meet back in here at. The impromptu to have to do whatever you need to do so I I. The wood in and now I'd like to look at the amendment see what is because the I've you know I've I don't like passion bid build it really good to get it done right the first time so if you all would get together I'll be glad to help on that with the I don't I think it's a good bill let's listless lifted potholed out of it can. Yes Sir thank you. Your your run of the bill three. The staff member I have a. Handout. Me okay chairman the secretary ward come come up. With me Victor ward. John. Thank you members or if you will go ahead record yourself for the record please. Yes Sir west for from the Arkansas department culture. If you're recognized thank you members worked with the Secretary ward and others on the consolidation of from sixteen down to four. Each one of these the for ad aligned with those that were above in your inner a graphic and those alignments the. Also bring them down into some subcommittees that were in the. In the boards and commissions from above so it it it has a savings of forty two thousand dollars and some three hundred three hundred man hours in the administration of these boards there were sixty three meetings over the last year that's just about one and a half per week so This is the this will help help with the. There were different the. Meeting. The. Like memberships that were for the quorum and different numbers on on the boards and this give some consistency on membership and and time of time of membership on on the the the for and and some consistency and and what it creates a quorum in the in the board shall. Secretary ward if you wanna. Yes Sir in and I'll be brief I I agree with everything center Johnson said that just to just looking at the Department most sixteen different boards commissions and committees just rest required a whole lot of time and each one of there's a different number members different quorum acquirement different meeting requirements and service constantly juggling all of there's sixteen different different boards commissions and committees and committees and so trying to streamline that into for making sure licensing authorities here what we certainly know that the you know the veteran medical licensing is is important I water wells important restoration forces importance are establishing members as specific subcommittees within the larger for boards but it doesn't take away any of the authorities that that exists the really the only thing that's completely going away is the the Arkansas agriculture board which was always a struggle to even get a quorum for for that meeting because it was so so large and cumbersome but just streamline operations I will say to you the the estimates on on the cost saving so that may not look like a large number but that was direct expenses on travel reimbursements administrative costs for paper and you know they're they're sort things very very minimal estimate there but the the the actual personnel hours at three hundred eighty six numbers what we know it's a lot larger than that that didn't count my time and and count the director's time the program managers time on putting meetings together it also gives the appointment of conservation district boards back to the individual conservation districts as opposed to having to come to little rock for for us to decide that kind of gives it back to the local control on there isn't that also took a considerable amount of time that's not included in that personnel best man as well so we we believe this helps streamline our per our operations then take that Ortiz way we can operate those more effectively more efficiently and better server or state's largest industry. There was one concern senator Caldwell. And and I saw that in the bill we're the governor appoints the director of the plant board and and one of the members should ask if if the board could the to the make a recommendation to the secretary and I and I think that can be handled in rules the I don't know that has to be in and legislation. The. Can you I'm I'm will district grief you don't mind the speak what basically what it says is is the the governor shall point and and and rules can over ride to and so my question to it was did not loose in there and confirmed by the Senate and and I think you should be you today it is a of your confirmed by the Senate so the use of the repair would be and all the board members under this position would be confirmed by the Senate and I just think it's a good oversight for us to have the end of something that was brought up to me earlier we'll talk about it later but to of the I think the issue is we're having the board to suggest or the the appointment to the governor the government have veto power she obviously governor can point it want to put it in the particular say that but we don't own what you are talking about would would require an amendment. Millionaire to the. Have the of the Senate confirmed. So to that we don't have a question on the you turned off that's on the Director positional director position Alitalia actual director position this is what. I just I just felt like a really positions been coming up for a of the do descriptions and and new guidelines his His is falling back to be confirmed by the Senate understand cadet director should be also all the all the members under that director is confirmed by the Senate and that record ball should be secretary ward is confirmed by the Senate and it's it's so I think it was just an oversight but I don't I don't think mean is the Forrester there there there's there there's director positions under each one of these things and I mean those are not. Don't have the confirmation either. Is that right. That's right I mean the the second the second tier election director you know the secretary that has a confirmation and the board members have a confirmation but the the secondary second tier does not have that confirmation. The then in any in any of these for their at the that's correct yes Sir soon and and there are. There are there are a number of other our governor appointed positions within the Department life some Boettcher director state Forster match resources director and and there's currently do not have that that language in there correct. For questions from committee. do. Appreciate the hard to the fiscal responsibility and streamlining just curious if it when when talking with these industries what feedback you've gotten back from livestock and poultry from forgery it what's been the response about this move in and good bad neutral any anything you can respond really that I do not trust we tried to it in in the creation that we try to mitigate any poss you know any possible of. The you know fights or anything like that in in the creation of and that's why there is the the subcommittees are created and in the end of those different into those four shows so you wouldn't have a lot of those the I mean there there is one you know there's some concern with the plant board that you know we were trying to do something with the money and and this is administrative not neo trad in trying to get into the budgets of any of any of those the board so. You can speak to some I'm sure they've talked to what was going to speak for that they brought up money going to be very specific about of the accounts and money because you the the center one hour talking a few minutes ago I don't she. Brought out the the fact that that the veterinary board will be under of the livestock poultry and they don't have to veteran owned one required we large animal which leaves it and the other one is open other and both could be large and when you're not if any wall in representational near and in the end you will have other people who are not veterinarians of the licensing visionaries the. Where is the doctors have their medical board pharmacy other farms Board and why would we get away from that in the parent is about seven thousand dollars in your account what will happen that money. Yes Sir and then I'll be more happy to to provide more specifics on that but but certainly if you're the the majority of the fees that that are that are within the Department several different funds but most of theirs have statutory language were the if if funds are received whether it's venturing licensing fees or plant more fees that those can only be used and in accordance with the purpose that they were collected for so I'm pretty comfortable with that but that may be something that could be clarified a little bit better on on on what there's funds ultimately are are used for but serve up to a person I don't have any issues with that and then the other piece on on the veterinary licensing and that was as a centre Johnson mention to to create a maybe that could be more clearly specified as as a subcommittee of the my second portrait commissions are so right now that's your medical examiner bore consist of a it's a five member board for those veterinarian's ones of consumer positions they were this would essentially cut that in half which is common with the other life threatening board yes Sir for the for the public to know that your service so that would so with this construct it would have a specific subcommittee that's handling the battery licensing measuring disciplinary procedures still still part of the larger of livestock and poultry commission veterinarian so as to better manage would serve on that subcommittee but so I I think there's a way to address those comments and I think that's what we're trying to do but maybe we can be more happy to look at more specific. Items on that from the Committee. Kirkwall. Voter turn Michael. Sir just and I'm getting some feedback from my folks and cotton country they would like to leave their board eight people versus five would you consider that. Well I mean. The main register to veterinarians bill cut in half to two and four and then has the citizen member on there this this is five and the I mean that's that's. That's a great consideration for the for that boll weevil eradication more dates the more we will Amendment a lot of that power goes under the plant board or the the you know the Plant Board and the Department agriculture anyway that authority enforcement authority goes under those. Those other folks not not under these. And I mean we S. why we gave consideration to the five rather than the eight is the man you're you're trying to eliminate the sum of the bureaucracy and. And with that respect that I understand their position on want to keep what they've got but there's a reason we're doing this to and in the process and and we we we won give those consideration because they're well into their their their this coming year's process right now so. The amended. I don't have any interest and create more people on the board whenever you're trying to consolidate and five rather than eight is is not a great deal. Great consolidation in this in this arena. Thank you Sir thank you. You're more. Yeah I would go with the my colleague senator Wallace obviously a country as well so I'm here and some of that I think the I know the answer but. Are all the current members of all these boards stating on in those slots as is in there whatever ones are again polisher adding the will be appointed. What what is the answer to that. That is my understanding yes Sir that's correct. As a new process you know it is new board members are filled and the new board members will. Just just for clarity on the bowl weevil Board the current members on there will stay as that fit into the slots correct. Yep. I love you look like your contract right to your. Anyone else. No wonder signed up to speak for against his very own room it would wishes to speak for against Senate bill four three. If not sure Josh the red closure bill I'm close laberge good vote six. Thank. And seven on a motion current law. Well he'll make a motion although without admin motion. He's he's not on the committee that is not I'm so usually a lot of the committee I would like I would like to make a motion and you're recognized yeah I would like to make a motion to do pass do pass thank you second all in favor say aye All opposed. Regulation bill passions thank you. do your ****. I forgot he was not on the committee. I knew what you're doing. Thank you for your words. We used to have been on this committee. If you would please turn on both my. Introduce yourself for the record. Centerpiece district thirty five. The morning Senator my name is Amy Martin I'm from faithful Arkansas. Sir do you recognize the real thank you members thank you Mr chair today we are bringing a bill to you Senate bill three fifty eight this is this is a bill that that at sixty personalized father I I was made aware of these products of that have been harming our children across the country and across our state and it really bothered me and so we begin down a path to explore finding solutions I think there is high agreement about the problem that we're experiencing across our state we've got children that are being sold to being marketed to a product that is very harmful and I would also argue that it's it's it's harmful to all of our state not just just our children but it's been about the part that drove me to really to the biggest frustrations and anger was as a father with three young children that's that's really why I'm here today you'll see a lot of bills that I sponsor that I work on a follow in that vein that protection of children across our state is of the utmost importance to me and that's all right that's how I came across this initiative and and that's why we're here today so Senate bill three fifty eight attempts to ban adult eight and similar products that are we believe are actually illegal today what this bill does is brings clarity to the law it highlights the fact that there's a loophole wait in which the these products are being sold to a market to today we're gonna describe that for you so that's that brings clarity but the the real the the the details of the statistics that are coming out of this product in the similar products are are standing we've got literally thousands of reports across the country of poison control being called about issues with kids and people taking these products and getting high and having reactions. that are causing the ramifications that's why we're here today we're gonna talk more about the bill but I want to introduce you to miss any Martin and have her share a little bit about this this bill thank you senator decent thank you committee for allowing me to come speak to you today I do have a handout I would like to to share with you all. Thank you. Sure. A couple of. I want to make sure all the committee members have one full year give or putting out of business I deserve one even if they're solicitor Mr ma'am. The audience cannot approach the table if you want something please for after providing this is all yes Sir yes Sir. Does everybody have a copy of the handout I have an extra here if anybody needs and. So my name is Anne Martin I'm from Fort Smith I'm a practicing attorney I've worked in house at both Walmart and Tyson foods I'm currently in private practice my family owns a medical marijuana dispensary in Fort Smith we've operate that dispensary since two thousand and nineteen and. My family's ownership of the defense of the dispensary is what led me to kind of. educate myself about delta eight and what I would like to do today is. Go over what has been described as the loophole that created the synthetic delta eight market. Cannabis is a plant species and there are different varieties of the cannabis plant there is the hemp plant and there is the marijuana plant. Both hemp and marijuana have delta eight THC delta nine THC and CBD. Both delta eight and delta nine THC have psycho active effects they will both get you high. CBD has no psychoactive effect it will not get you high. In two thousand eighteen Congress passed the farm bill and as part of that farm bill they legalized him. And the way they define Temp is any help plant that has less than point zero nine delta nine THC. So have has very low quantities of delta nine THC very trace amounts of delta eight THC and a lot of CBD. Marijuana on the other hand has a lot of THC not very much CBD. What the farm bill dead is that allow farmers to grow hemp in order to create products like paper wrote textiles are all sorts of uses for him. Because have has only trace amounts of delta eight THC the statue didn't address the amount of delta eight THC that could be enhanced because it's insignificant. Can't can have less than point three percent of delta nine THC so can't cannot get you high. I understand there is the notion that the farm bill prohibited states from outline delta eight. Or somehow the farm bill preempted states from addressing him per hemp derived products and that's just not the case in this packet of information I have provided you with the two statutes that Congress passes per handbill. Seven U. S. C. sixteen thirty nine which is the health bill. The Congress passed as part of the farm bill says No preemption as it applies to the states it says nothing in this subsection limits or permit limits or prevents the state. From passing a regulation or from passing a law that is more stringent than this subtitle. That's actually goes on to say that nothing in this section prohibits prohibits the production of hemp in the state if the production of him is not otherwise prohibited by state law. The farm bill does not prevent the General Assembly from passing a law that bans him or him drive products. The loophole that was created by the farm bill. Is this there is so much CBD and hemp plant. Scientists discovered that you can extract CBD from hemp and you can chemically convert it to a synthetic THC. That process is this you did Vaught you dissolve CBD into solvent like heptane which is a toxic chemical. It's derived from crude oil. You mix that dissolved solvent material with acids. You heat the mixture up to a hundred degree Celsius and you sense they cook it for up to eighteen hours. The resulting product is synthetic delta eight THC it is a product that will get you high. Is not a natural product it's not a product that comes from the hemp plant is a synthetic delta eight THC product that will get you high. In the in the materials I provided to you there's a chemist who has stated this quote like making methamphetamine from cold medicine. Just because the starting materials are legal does not make the resulting product legal or safe. The national poison control centers have received thousands of complaints by people who have ingested delta eight THC forty one percent of those are by people minors under the age of eighteen. Many Scientists and chemists and government regulators have said that the delta eight THC contains harmful contaminants the residue from the cooking process this leftover solvents and acids remain in the Delta eight product and it's unsafe and it's dangerous. This dealt a product is taken and injected and edibles. Candies vape cartridges some of which we have here today is to show you as an example of the kind of products that are created with the synthetic delta eight in its in higher concentrations than even is allowed in medical marijuana. It is used for its psychoactive effect delta eight will get you high just like medical marijuana or any other delta nine THC product will. The D. EA has come out with a memorandum that says it consider synthetic delta eight to not be happy and a controlled substance. It is a legal. To grow manufacture sell possess delta eight and fourteen states. And based on my legal research I can tell the committee here today there is not a single case or any court has overturned a ban of delta eight. Anywhere in the country that I have found and I've and I have spent some time looking for it. So as a. As a parent of three teenagers I find out eight to be a dangerous and unsafe product we don't sell it in our dispensary and we wouldn't selling our dispensary even at this committee in the General Assembly decided to allow the the cell delta eight thank you I'm happy to answer any questions I appreciate your time. If if I can real fast Committee I do want to show some of these products for visual. I miss Martin's point us out once people that more to the bill itself. but as you can see these these products are sold over the counter. hi color easy to open packaging on regulated financially made in and that garage type laboratories you can see these these appear to be as you can see the rice crispy treats. this is appealing to children we have cartoon characters on some products across the country and across our state these are bought in convenience stores gas stations there these are easily accessible that's the trouble that's that that's the problem we're seeing I want to make sure that we say that let me speak to the bill and I would be happy to answer any questions the bill itself it goes down the banner out of these products this does not ban industrial hemp it does not ban the textiles the rope manufacturing the home building materials it is not banned those products those items it simply bans the harmful items I know there are a lot of scare tactics about what is in this and what isn't in this bill we do believe it it holds up in federal court as we as as miss Clark mentioned but I think would be good to pause and ask if there's any questions related to the bill I have a question what you're just going through on the dangers are what you consider danger parts of it and what it does this bill exempt other edibles of and other chemical products so it's my understanding a made from. With that's my understanding it does not exempt anything that that exceeds it only exempts the things that exceed the the levels that's outlined here the the point three percent of THC so any other products that are CVD related this is that's not in the scope of of this bill and and medical marijuana that is separately regulated separately contained and we have pride procedures in place there. Questions from the committee. law. Three Michael. SerDes I I like a lot of. What you're doing and I agree with. What you're doing my worry is. We passes out just like in Kentucky it gets defeated a higher court. In which the for two years. Adenoids NO you can give assurances but how do we. How do we know that we will this act will get turned down and defeated a court that's why that's my big worry great question I'm gonna do two things that help answer give you confidence that first I'm an aspen smart to speak about that the Kentucky case and second I ask I'm talk to you about what our bill does at the end of it go ahead Mr smart thank you senator in Kentucky there wasn't a band at delta eight what happened in Kentucky is in two thousand twenty two the Senate passed a ban bill but it failed in the house so there was no ban bill that was passed in Kentucky what happened after that point is that Kentucky state police along with the Secretary of agriculture went out and started rating facilities and seizing hemp products. There was a lawsuit that was filed in the circuit court response that activity said that that activity by that state police with unlawful but there was no ban in place in Kentucky at the time so the circuit court in Kentucky did not overturn any band bill just last month the Kentucky Senate introduced a new band bill for it seeking to ban him in Kentucky and that's in the last page of the material like eighty. And also I'll tell you that I I had I had to struggle with with that that question myself personally when we are constructing this bill I will tell you I have full confidence in our tourney generals team and himself when we construct this on the defense ability of this of the band effort however if you're not convinced if none of us are convinced we did put trigger language severable clause into this bill that says if an injunction happens if this gets held up in court if a judge rules that we need to hold or rules against then immediately it it moves into a trigger manufactured a triggers system in the bill that moved to regulation mindset and so I did that as almost as an insurance of making sure that we are reviewing this could the correct way and if we do fall out of court if it does get injured by by judge there's a procedure there to to move to regulation. Thank you. Davis. Thank you Mr Ferris on it I was trying to get your attention for a point of order I'm like there's a lot of comments going on in and sounds going on the audience everyone will have their time if they signed up to speak for the bill or against the bill to speak and I just I continue to hear it's distracting me from listening to testimony I just want to remind the audience Speaker thanks for your motion I will say if you have conversation take it outside of who had one to approach a table a few minutes ago you cannot do that if you have a question for you raise your hand I'll try to recognize you and find out what the problem is or what your question is. So would to an audience please the refrain from talking on the phone or having conversations. Thank you Sir David appreciate Fisher your. It thank you sort of order addressed it but I just would ask that you speak a little bit more to the fact that we is states have the authority in your mind to regulate this the farm bill does not preclude us from doing that if you would speak speak little bit more to the yes yes thank you senator Gilmore I'm on the farm bill was was passed in two thousand eighteen. It's really too short sections that address have it defined what tempests and it says hampers anything with less than point zero nine percent THC and then it's got a a section on state plans it has is clear as day in sixteen thirty nine P. subsection three relation to state law no preemption. Nothing in this section precancer limits any law of a state. To regulate the production of hemp. That is more stringent than this subtitle so you can clearly regulate have and you can clearly regulate hemp and make it more stringent than what the farm bill provides but it goes further than that it says in the final section. Nothing in this section prohibits the production of hemp in the state if the production of hemp is not otherwise prohibited by the state. That clearly means that the General Assembly can go farther than what this bill even does an outlaw this production of him I'm not arguing for that this bill doesn't do that this bill simply regulates and eliminates delta eight and I will tell you there are fourteen states that have banned up to eight. Alaska Colorado which has the most progressive in mature marijuana market in the country Alaska Colorado Delaware Hawaii Idaho Idaho Iowa North Dakota South Carolina all the states have banned delta eight. None of these bans have been overturned by any court. They all exist today some of these bands go back to twenty twenty one I can't find a single case for any court has overturned a ban of delta eight it's clearly permitted by the farm bill and I I don't see no reason why the General Assembly couldn't band they'll take in Arkansas. Thank you I hope that answers your question it didn't just a follow up to that so is there any pending litigation currently in Arkansas no it just in any of these other state not that I'm aware of not that I'm where the Kentucky case was the circuit court case it was a trial court case never appealed it's over as I mentioned Kentucky's got a new band that they've filed in their Senate as of last month I'm not aware of any pending litigation involving of an adult acne these other states I'd like to also add that we have worked directly with our turning general's office with our our governor and and in her office with secretary of agriculture with the purpose of health and have come through the research and the language of this bill and have have high agreement in the effort we're doing here I also want to say that we have taken learnings from past cases for example in Indiana the seventh circuit there's there's a rule in an opinion about how The transportation of interstate commerce related to this product we've taken the learnings from that and added that into this bill so that it continues to strengthen the federal law and if its ability related to federal law so I believe we do have a good bill that passes the the court muster. Your your. Yes I think you said this but in my own research is this not already I don't know if it's actually a band but I would say it's certainly a scheduled a substance in Arkansas currently is not yes senator Gilmore it's kind of what we call a gray area so Arkansas already less synthetic marijuana as a controlled substance but because these products Have been market in it labeled as hemp derived I don't think the law enforcement has prosecuted them as such but in my opinion these are already illegal because it's synthetic marijuana but just really clarifying and making sure that synthetic delta eight THC is not allowed to be sold in Arkansas naturally occurring delta eight THC in its insignificant amounts perfectly legal it's just the synthetic person and I would if I could just make one more point. Not only are these products appealing to two children they are offered in dosages that are much higher than what's allowed in the medical marijuana market for example this ice cream cone is a two hundred milligram package each dose is a hundred milligrams. This is an example. Of a edible that would be available and medical marijuana dispensary the dosage in a medical marijuana dispensary is under ten milligrams these are. Nine milligram dose nominees so it's ten times the dose. For this delta eight THC that's being sold all across the state. These these eight cartridges. R. twenty five hundred milligrams of a cartridge that sold in a medical merit wanted dispensary is only a thousand milligrams so it's two and a half times the dose a lot of these products we couldn't even sell in the medical marijuana market pre rolls all these kinds of products that would appeal to children this is a very different market all. Just to clarify any child can walk in and buy is those products yes Sir. We have we as a state have said. You know you you may you may not agree with our tourney general or governor Steen or us today but the voters have said as a state we don't want recreational marijuana today that's our stand are our neighbors and Okolona voted we don't want recreational marijuana this is synthetic. Racial marijuana that that is my understanding that's my belief I think that's why we're here today is is because we we are saying. This is harmful product it is not being is not it the Paul measures how we got here as allow this to be sold in stores and and what's worse is it lot of time shall the these are these are purchased in Fort Smith Arkansas and brought here today just over the counter no regulation no concern our state says said we don't want this we need to make sure that we bring clarity to the law. Okay. We've got some people that are here to speak against and speak for. if you would. Thirty two I don't you stay there. apologize in front end for not being able to pronounce is wrong to. We are all. Is. The use of this used to having the name my name is. Your microphone is own already. The identify yourself for the record thirty. We've got a lot of of people signed up so I may limit if we get extended the conversation I may limit is two of five minutes or so for. Okay good morning to the since morning to the members of the committee. Some sorry what. Mornings of the members of the committee and Mr chairman thank you for allowing me to address the committee this morning my name is Renato FRB Is I'm co owner of American shaman kava bar in downtown Fayetteville I'm here today regarding SP three fifty eight in the issue of whether to prohibit or regulate hemp derived delta cannabinoids and isomers in the State of Arkansas S. the three fifty eight will be devastating to hundreds of small businesses in our state who have been generating millions of dollars in tax revenue over the past two years. These businesses many of which are small and independent operations have been providing comfort and relief to hundreds of thousands of our Kansans who do not have access to cannot afford or reluctant to visit one of only forty medical marijuana dispensaries in the state. Having made it through the economic devastation of the pandemic this will be a death blow to the small businesses who employ thousands of our Kansans and I just now finding their footing in a post COVID world. SP three fifty eight will reverse H. B. sixteen forty which was passed by the Senate and house in March of twenty one and was signed into law in April of twenty one H. B. sixteen forty was passed with the idea of aligning hemp law in the state of Arkansas to reflect federal stance on him production and research is laid out in the twenty eighteen farm bill. This large reverse the draconian eighty year pro addition on hemp in the U. S. opening the way for a slew of new green and sustainable industries ham could revitalize and make small farming viable again Arkansas farmers especially have the opportunity to benefit from the reversal of hemp and cannabis prohibition if we can address the issue with common sense legislation and regulation. The monopoly in the medical cannabis industry has been a detriment to many small businesses farmers and processors and a hardship on many patients who have found relief and relief and healing and humble green plant SP three fifty eight will only exacerbate the situation will force them to turn back to the black market drug dealers or go to Oklahoma and now Missouri with their tax dollars. Passage of SB three fifty eight will also reverse the progress made in home development research over the last four years it sets us back decades to the middle of the last century. Let's not make the same mistakes with him and settled and stifle what could be a growing industry in our state let's make room for our Kansans to benefit from the incredible opportunities hemp and cannabis offers and make Arkansas leader in what could be a better future for our children and grandchildren. American shaman is a founding member of the US hemp authority which promotes education and provide support for have based businesses nationwide they also promote good manufacturing practices GMP in the hemp and cannabis industries it is very important American shaman kava bar for us to be a leader in the industry when it comes to consumer confidence in all our products. At American shaman kava bar we only offer delta eight nine and ten products to customers with the verified ID that proves there twenty one years or older this is one of the bedrock of what common legislation would look like we support regulation in the CBD and alternative him to revert a market place. At American shaman kava bar was pride ourselves in having a first class certification and training program for all our employees every employee is a knowledgeable and compassionate expert on uses and effects of hemp derived cannabinoids this is reflected in our almost one hundred five star reviews. At American shaman kava bar all our products or third party lab tested this ensures the purity and strength of every product in the store eliminating concerns of contamination by heavy metals and other substances deemed harmful for human or pet consumption with certificates of analysis available. Delta products have been proven safe when taken in the proper amount by millions of educated consumers over the past four years. Anecdotally I'm seventy four years old and I've been taking CBD and other hemp derived cannabinoids for over four years I started playing tennis again day two years ago I recently had rotator cuff surgery and was prescribed three different opioids for pain in one month of postoperative healing have only had to take one pill and that was the day of the surgery. I urge you to support common sense regulation of CBD and hemp derived cannabinoids in the State of Arkansas please vote no on SP three fifty eight. And as an addendum there was a bill introduced into the house it I believe yesterday H. B. sixteen oh five calling for regulation. I believe they may be they may be on the right track I appreciate the committee's timing consideration thank you very much. We really want to have questions. Ed Walsh. If I if I heard you right. It's it's very difficult for some folks to be able to get medical marijuana yes so that they're able to use this product as a substitute absolutely. In it we offer that same product. To a child we don't offer it to a child that's amiss that's a misconception and if if it is being sold to children anywhere in the state we are completely one hundred percent against that this is why I support regulation not prohibition. There are there are some bad actors in the. Hemp industry and that's basically because there was really never any regulation that was put into effect when the farm bill opened up you know him as a as a commodity product with the idea of. you know generating new new industries new old industries actually that were you know flourishing in the nineteen twenties of when the controlled substances act was initially passed basically ham was too good so the plastics industry the paper a pulp paper industry outlined it it was part of a you know a program to outlaw have been demonized cannabis that's what I meant by the draconian eighty year prohibition on health hemp is an amazing plant that can revolutionize small farming and revolutionize many industries and given the chance of the the reason why the hemp industry didn't flourishes because there is no infrastructure that was built into the farm bill it was it was passed it was left wide open there is very little regulation and that's why you know we as a company American shaman is a company of taken it upon ourselves to be where the founding one of the founding members of the help that's already we're we're trying to be you know good players in the industry where there are a lot of bad players in the industry as witnessed by you know some of these products we consider them. bad players and we we ought we you know what regulation we don't want we don't think prohibition is the right way to go. This is a follow up question and I'd like to address it to Senator these you this is all bog. Over the counter we're but will real chocolate walked in and bought the next Madam Honduran I don't know about these products today but I know there has been reported instances for sure of the Department being purchased over the counter by children. This is where regulation you know comes in and this is absolutely where you know we feel that. that is not acceptable absolutely one hundred percent not acceptable. Thank you Sir Love. Thank you Mr. CERN I guess this is kind of a issue that I'm having You've been in the industry for how long. About five years about five years. In before Senator dis bought his bill. Did you all discuss any regulation in. Did we discuss regulation this regulation yes we've been involved in regulation in other states and not in the state of Arkansas one on the state of Arkansas. It's we're not legislators we don't have the of authority to bring legislation. Constituents have any ability to contact the legislator. And bring forth legislation have you tried to do that. I have not personally know okay thank you. Any other questions by the committee. Thank you for just one for thank you. Six the thank you for this is your bill. I'm going to have a very small and that the. The. My name is jim bell and I am on the board of directors of what's called the Wall Street foundation we're the largest nonprofit. Would be good and a. A recognized in few minutes okay. Thank you for you would go ahead and introduce yourself for the record you're recognized hi my name is jim bell and I'm on the board of directors of the Wall Street foundation here on the rock we're the largest a nonprofit substance abuse alcohol facility in the state of Arkansas. I am also an owner of one of the six privately owned prison systems in Arkansas which collar reentry prison happens to be at the corner of Markham and Shackleford here in Little Rock. I am also the volunteer coordinator for the community corrections present across from war Memorial Stadium. So I have a lot of contact over the years with people that are incarcerated. And what I've learned. Over a multitude of years if I were to line up my inmates on a given day and say what would you blame. If you were to pick something while you're in prison. I would be surprised if most of them wouldn't say if it hadn't been for marijuana I wouldn't be here today. Here's the reason behind that. A typical person. That uses marijuana probably does so between the ages of thirteen and fifteen years of age. And what happens is those people. Soon become addicted to a mind altering substance. Whether it takes six months a year two years who knows. And then the human brain says since this makes me feel good. I wonder what's out there that makes me feel better. So what happens is a person who starts smoking marijuana at a young age. Soon decides it's something else works. It costs a little more so the the go to crystal meth they go to opioids acid there's all kinds of things they can go to a and those things are a little stronger make some feel a little better but they also cost more money. So what these folks that I deal with tell me as I was eighteen nineteen twenty whatever. And all of a sudden my drug addiction became more expensive so what I have to do is go out and figure out ways to get more money and they commit crimes it's that simple so all the sudden they end up in prison today some of rent my prince some of been there more than once so what of what's happened over the years is that. Any time you make an item legal. And. Youngsters as well as adults and the ability to get it. What you do is open up a whole array of people that are probably going to be in prison I know and in Arkansas right now I think we're rated as the fourth most highly incarcerated state in the country. And I blame it mainly mainly on drugs whichever kind you want to talk about and I try to do this I take all of my folks that I deal with and so I you know if we can get out of prison. And not go back to those which you thought were harmless drugs. The chances are. You will not be back in prison. And unfortunately as we all know the prisons are full of people that don't follow that advice and all I'm trying to say is if of this this handout that I gave you we designed for the last problem we had which was issued for and pass this out all over the state and what what will tell you on the back of that especially is Colorado is what I call the poster child of the marijuana industry. you could take your phone today and Google the effects of marijuana. On Colorado and read the articles and it's a standing it's become what we call the suicide drug more and more people specially youngsters who do not have a developed brain are committing suicide because of the use of marijuana one of the items on this. sheet on the back it says in two thousand and nineteen more. Ten to nineteen euros committed suicide with marijuana in their system than alcohol opioids and cocaine combined. So more people commit suicide off of what people used to say is a harmless drug in the ones that they're afraid of the most. So today all I can say is I would do anything. Is a committee that you can do to prevent a mind altering highly addictive drugs. To become more prevalent prevalent. In the state of Arkansas. So I've got questions from the committee. Seeing none. Thank you for your thank you. On her bill. The possible to get a copy. Thirty two. Ma'am if you would to introduce yourself for the record your Michael I'd like to thank you all for allowing us to speak with you today my name is don her health I am a conservative voter not on their side but I own a CBD wellness centre in Rogers Arkansas we do not sell to under twenty one period unless it is C. B. the only okay the problem you're having is that it's being sold through gas stations through. Rigesa gather a grocery stores through health food stores they do not know what they're selling I have king tobacco down the street from me selling delta nine incretin you're not coming after him he's doing that all illegally but you're coming after us two years ago you gave us permission to sell delta eight my entire CBT Business converted to delta eight if you take this away from us we will be out of business literally two days after you would make this bill legal. The consequences of that are going to be I'm going to write this down some gonna trying to swear because I have a bad habit of doing that so I'm I'm going to read it to. I don't do that to you because I really don't want to offend you I don't mean to okay so if this bill is passed hundreds of thousands of customers will be going to Missouri or back to their dealers for their relief this will cause huge loss of tax revenue to Arkansas and will also create the a larger black market again most of my clients are thrilled to death that they don't have to go to their dealer anymore that they can get their product legally they really like that the adults the twenty one year old really do enjoy that most of them don't even want to smoke regular cannabis anymore because it's too strong for that delta eight is a lot lighter happier and uplifting it's a lot better for pain and inflammation and it doesn't cause anxiety like the others us I have many many people who would rather smoke that these people if you take this away are not going to go to the medical program money ever concerned about losing their gun rights they're concerned about the strength of cannabis and the fact that they like to go to CVS stores because we actually educate them on how to take it you're talking about a product here and I'm gonna look at this really quick so it's got to come so this is ridiculous I agree this is completely utterly ridiculous to sell okay I agree with you we we can create with regulation as a matter of fact as we're not has said you get the hump bill that just went through yesterday for regulation I got to read it. It's medical marijuana and nicotine mixed together regulations means we can't even play. It will put me out of business anyway because I went to my products that I have on my shelves. Of late twenty products there was one that passed the regulations you're proposing so I think you've got some pretty heavy duty regulations coming why don't you give those a try first before you just take it all away and I want to point out there is one legal synthetic marijuana the federal government sells it's called Marinol. It's synthetic it's not real but that's what they tell you to subscribe to people who they want to put on marijuana. So you're trying to make a legal something that synthetic with the government makes some matter marijuana. And it's legal. Okay so just because and that it doesn't mean it's bad. Okay with you what I think needs to see happen here with all the regulation we take it away from the gas stations from the people that don't card okay I went to a of vaping nicotine class when I first opened my store so I knew how to card what the eighties look like I pass my inspection every time they come in when they test me they're kind of ridiculous but they I pass every single time but when I was in that meeting they told me there are a lot of industries out there like liquor stores and stuff that are selling this that get busted all the time for party. That's where the problem as usual don't sell the stuff and gas stations and liquor stores and you know bape stores and stuff it should be held within the medical marijuana and the CVT industry we care about what we buy we don't buy synthetic delta eight we buy from those people that actually care about the products they make I do I drive sales people insane. Because I'm like where did you source it from how do you make it is it synthetic is it not you know we actually care about what we're doing my people but you know what the word on the street is if you want to know about CV Delta eight U. Qasim misty she's going to set you up she's going to make sure you know how to take it if it says that it's twenty five milligrams and I know you've never done it before I say I want to cut that in for and I want to take this tiny bit of it and to you know what you can handle because every person is different so we actually as CBD and hemp shops we actually work with people and they'll come in my struggles that well you know I I have anxiety a local well let me ask you one question first do you want to get high or not high. And then what I want to kind of a cool let's go to the CBD side. If they say they wanna get high we go the Delta eight site I don't go oh you want to eat you really should go until they had only until that we don't do that we don't force anybody to do anything we're not allowed to even promise them anything. But that is the problem every time I hear a problem with this stuff it boils down to who's selling it. And I think we can fix that you know and also I think you know in Missouri I don't they still do it when I when I lived there thirty years ago they had a thing called a food handler's card as before I could ever wait on anybody I waited tables for years before I could ever wait anybody I had to go to class we've got a long list your rebate right okay I'll I'll wrap this up real quick and I'll get on with the but that would be a that would be a solution was to have everybody go to a class before they actually sold the stuff they have to learn how to ID they have to learn what it's about what it does the strings all this up and I know there's some of us would love to teach that to people. We love to teach people so I believe that that and I appreciate it and you know week we can do this the right way in we can keep it at a kid's hands we just got to get out of the people that are giving it to the kids I don't care thank you but we we we we we. The mother may have questions. I would love to answer any questions you have. There Davis thank you Mister chair I guess just for clarification that as I understand this bill does not ban non synthetic delta eight is that correct. Senate again sharks so when you're talking about and synthetic versus natural. My understanding this bill does not ban non synthetic delta eight right now what is not well but but he was also at the under the point zero three right which is a different thing from delta eight. Because they'll date is a full on T. H. C. that would be over that percentage anyway so. Basically a when I started my business one half years ago I was selling see Pam that was under that point three percent okay and then when you guys regulated when you said we could sell delta eight most of my clientele went well that's what I'd rather do and so all like ninety percent of my business floated over to that side so we're not going to get him to go back overnight if you take this away from it so it will put me and heard him and those guys over there even though the state seems to be trying to put them out of business Hey but it would really hurt us desperately so we would really like to see some sensible regulation because what I just saw was crazy unattainable but there is solutions I have been I talked with my senator Bryant and we have made some suggestions to help regulate this in a very sensible way that I think will make everybody happy but I just ask that you slow down here a little bit let's look at that regulations like you put that in your bill that's what we're talking about someone had texted me saying all they merge the bills that are not that well that's kind of weird and you said that comment all that's what they were talking about is that you put that contingent in their why don't we try that first can we maybe. Please thank you very much anyone else have questions thank you any other questions. You're definitely welcome at any time you want to talk to us we are happy to cut and I'm sorry one quick thing calling you guys is impossible US about trying to talk to you about legislation trying to get a hold of you guys is impossible I only got rid of all the my Senator because I had connections in Rogers and she hooked me up. The. You guys are possible. The next to speak against the jury me Dennis. This if you would your Mike is on a defy yourself for the record you're recognized hi my name is Jeremy Dennis sorry will navis but I own a small CBD and hemp shop out in lone oak county more Arkansas we've been selling CBD products and delta products for the better part of about a year now I spoke to spoke with senator these last week I think they made some great points over here so I won't really go back on what they were saying but I'll reiterate that there is some people out there who care about where parts come from the difference between synthetic and natural we've really each drove District a kinda have that standard like you said there's a lot of gas stations convenience stores people that are not carting and when they get violations what they do is they sell off their license to a family member somebody eles and then they recycle the store that way so there's not a lot of people and convenience stores and gas stations that are even afraid to card because they know that they can just give it to another family member so I think that's a great suggestion is to start restricting the people who have access to these products and who can sell these products check expiration dates you know added to the list of we could even you know have agencies like the ETC who do a great job and and their regulations I think there's a lot of ways that we could regulate but not ban because I have employees you know I have a daughter we we have families that we have to provide for and by shutting down small business in Arkansas really discouraging businesses from coming to Arkansas we we just saw this morning that Tyson's leaving Arkansas we see businesses every day that are leaving Arkansas because these regulations get tighter and tighter and tighter and I'm shocked that in the state that's the majority of us support farmers and support agricultural have just that to just ban something like that out right would would not only hurt our farmers but it would hurt a lot of our small businesses so I just wanted to speak my peace and kind of put a face to some of the people that you're going to be putting out of business and in cases like this. Is because we are willing to talk with you all we are willing to sit at the table and You know we're willing to set the table and talk about these regulates talk about your concerns and address some from there without a complete prohibition you know of and in regards to the minor issues you know we have minors to get access to alcohol we have my honor to get access to anything a poison control gets colds thousands and thousands of times a day for things like Benadryl for things like you know any over the counter medications so banning a product simply because we're getting poison control calls I just don't see as a way to solve an issue where we can address it legislatively with the business owners in Arkansas that were affected the most so I just wanted us to be able to have a voice here today and tell you guys you know our side of the story that we've been trying to create a better community and more honest people who actually care about the products the monopoly in the medical marijuana system is getting really bad right now and I think they're really scared that a lot of people are going to miss or if they're losing tax dollars and so they see a product like delta eight and that's another way that they're gonna get hit and so by banning it completely instead of legislating it. Then they can in turn they they get their power back so I don't I don't see this being an issue of we have our kids I think that's a fixed I honestly think it's a scare tactic I think that what this is This Is medical marijuana attorneys being worried that they're losing too much money to outside companies and when issue for popped up we had the same issue they tried to legalize marijuana but banned all of the delta products and essentially make its where before we could nobody from the out of state could even have access to medical marijuana but then they wanted to sell to out of state buyers they wanted to only make it to where they could sell the Delta eight CBD products it can only be sold the dispensary didn't have a problem with that then but now suddenly come forward and say oh no we just we're gonna ban it completely because too many people getting access I just don't think that's the way to solve it I think that we've there's better ways we can do this you know we're we're community and I just I feel like we should have a say and some of that legislative process it shouldn't just go to be banned so that's that's all I really have to say so if any questions. Question from the Committee. All right thank you so much for let me speak of a great day. Mike Jones. Good afternoon it's always a good fit for you I'm gonna get your your mark his own justify yourself for the record yes my name's Michael Jones. good morning good afternoon I don't know what time it is but I own a few CD shops been in business for about a year now and we've had problems since the day we open raids there was mention of are there any litigations not at this moment our because I mean there are not at this moment there might eventually be but So. What is located south Arkansas. a resale shop retail CD shops like ours provide a valuable service to our communities without a safe legal what about your products containing hemp derived CBD and THC. We have medical marijuana patients that integrate the products we sell with their dispensary cannabis when they need something weaker the medical grade THC. Law abiding citizens that don't want their second amendment rights curtailed or can't afford a medical card come to our shops as well as those that would rather not risk a lot there lies visiting their nearest regular. Accounting for stores like ours throughout Arkansas with Smith over a hundred thousand cans of voting age purchase and use these products on a regular basis a state of art right prohibition of these products introducing some framework of reasonable regulation will ensure that are can't Arkansas consumers will continue to enjoy these products as well as continue to enrich the state and small business like ours. As that of neighboring cannabis friendly states or the black market. I and yes that's not allowed to say but sorry as a first time ever documents. Question for thank you Sir anyone. If the thank you for coming for sure thank you Sir. Okay I cannot read the next one presented to a duty in. It's the H. D. the A. D. E. G. A. O. M. if I could if I could spare we go can't you can't buy a vowel. I'm running a sale on my name is absen Medidata and I'm an attorney with help with Smith here in Little Rock Arkansas I'm clear and I could read your writing. It's both difficult writing and a long name at I. users go by acting in ever anyone is more than welcome to come by that thank you for your legislation I think what we've heard today is that there is a desperate need for regulation I think there's very little disagreement around that one of the concerns. Was about litigation and I can tell you in this might make me less than popular today but I will I will be Frank and honest I will likely be among the attorneys who sued to challenge this legislation if it passes in this four match really hope I don't have to and this is where we begin if you can pass a bill a prohibition of some form and say that the litigation is successful for the state in the attorney general's office. I think it's somewhat harmful to your defense to have a trigger mechanism in the event of an injunction it's almost proof positive of a belief that the lots office over broader constitutional but take all of that aside assume your bill sections two through five stand. You will still have an ability as our cans and to purchase hemp derived products from out of state. And to have them shipped here in Arkansas. That will not change at that actually happened about an hour and a half ago we bought from Indiana hemp derived products much like what you see in front of that will be shipped here and that can in my view continue to be shipped here so long as it's for the purpose of being transported elsewhere and so for some business says I think if we can take a big step back in twenty eighteen president trump believes that farmers have been put on the sidelines for the special interest for two one and saw the wisdom in opening up the production of these products what this what Congress made clear in its preemption language which is really three things. One. The definition of hemp federally cannot be altered by the states and so the distinction between synthetic and natural and I think especially the characterization of this product as a synthetic one runs very close into federal preemption grounds just by the very nature of changing the definition of a natural product into one that is synthetic to the and three the federal preemption expressly prohibit states from prohibiting the shipment or transportation of these products through the state. That gets a soul more tangled up in a number of different kind constitutional theories that relate to criminal law if I were for instance purchasing have drive product from a state that has not by employment with these bands may get pulled over here in Arkansas. I might wanna be prosecuted for it I don't think this bill addresses that and frankly one other issue is that the amendment to section a five of the criminals to a statute it ignores also the same section and section at the estate the same exclusion in section eighty two of that legislation. Senate specifically five sixty four two one five and under a two it says these items are scheduled substances including marijuana and then T. H. C. unless the THC is contained in the hemp derived cannabidiol. That section of five six forty fifteen is not amended in any way by the legislation in front of you the proposed legislation funding as it relates to these products which should actually never be solved any child of a child of my own who I I believe my parents that might be watching eyes are taking care of him right now a long a long. UP along with all this ebix extreme concerns for these types of products being in the hands of anyone who should not have them. As far as the harms that they might because you could take out delta eight and substitute alcohol substitute tobacco and even up to medical marijuana and so would my friend miss Martin discussing the chemical process sees of the committee related processes and and forming these products all medical marijuana goes through the same process as well the only difference is that in the the triggering regulations if the injunction were to stand. Is that you would now have a much more regulated a well regulated a process for licensing and testing at the laboratory level I think that's really where this needs to with the regulatory focus should be on Seven out of eight medical cultivators for instance use one lap. They've never done second third party lab testing their field lab tests this legislation in section seven and onward what address problems and deficits in the lab testing framework itself but more than anything else as far as these bands go into you and I know it's probably one of the states and identifying your material back at any in it did not outright prohibit the sale of delta eight I containing products that limited a very narrow category of butter flour that are sprayed them with the contents and that it come out again Indiana being when the states we can go on the internet right now and purchases products The other aspect of this I think that kind of that if you accept the premise that I can go into one state and purchased off a products hundreds of thousands of dollars. And bring them into Arkansas and then move them out of Arkansas what I do with them in the state as long as it's not production the farm bill really does define what production means and it really limits it to the production of a crop that's that's how the farm bill identifies a production it's an area that's not been tested these other state laws that have been challenge in this area of the other bands that have a really is in the details each one of them have had in different different points Indiana for instance won it was you'd have to go back in and its legislation to have the car out for the transportation so I think the premise here is if we're not having some regulatory authority to permit. Responsible delta eight sellers for doing this they're gonna be internet sellers who continue to sell and it's going to be impossible to police from that perspective he said that we can't even attempt to police the internet regulation of the sales we're still going to have the criminal entanglement of a product that may have originated from out of state and is now being prosecuted in the state How at the at the chemical how the chemical level while any law enforcement officer be able to distinguish whether this product was purchased in Arkansas are purchased out of Arkansas I think it's gonna be an incredible challenge and I think it will separately I was walking with Jefferson's back this morning story contents honey we had a conversation. How this law would stand from a criminal perspective under the void for vagueness doctrine is a separate issue and so I I I I I very firmly support the idea of regulation this shouldn't be allowed for sale over the counter through people who are not responsible regulated but it's going to happen one way or the other the only difference is whether we want our Kansans who are responsible I to engage in that production manufacturing labeling whatever it might be or whether we want those dollars to fly a state because we know. We cannot prohibit the transportation of shipment through the state and with that I'll turn of any questions questions from committee. Three nine thank you for your thank you we have one more signed up to speak the dell price. Rush you would to state your name for the record yes Sir thank you senator chairman called will on my name is Delbert price and I am here today not as a retailer like most but as someone who uses these products. As a USMC veteran and someone who deals with PTSD. I was introduced to CBD and delta eight as a way to help with my PTSD and with over thirty years of only sleeping four hours a night. I I found these products to help me and allow me to. deal more I guess I would say with the PTSD and being able to bounce two now sleep throughout the night most nice better than others but to be able to sleep in deal with the issue that I have been dealing with for many years. Just because of you know we can ban this. Doesn't mean we should. some of these people have already hit on like alcohol tobacco that is easily accessible to our children as well. This should not be a band bill. But rather a stricter regulation bill. If I were a drinker with alcohol in my home my children to take that. If I smoke cigarettes than they could take these. Our children unfortunately can get access to all of these things stricter regulations that would hold these selling these to our children more accountable would help to curb access to our children. It allows and it also would allow responsible retailers like somebody's better in a role today to sell these products you know like tobacco and alcohol to people like myself that over twenty one and purchasing for proper use. As for the marketing to children if these products were limited to regulated CBD outlets then again children cannot I repeat cannot go by these anywhere. So. For myself again. Having dealt for many years with the issues that I was dealing with and. Having tried marijuana in the past and unlike what some have said once you try marijuana you're going to go do this and do that well I didn't like marijuana not like the effect medically that it gave me but I did not like it anything else at derived from it and I did not like the legalities that could form from it and fortunately for me my best friend on the CD store she introduced it to me she educated me on it shall allow me to try the product and immediately I saw the effects for myself. So had she not been able to do that for me I would still be in a different state of mind in being as a veteran. So I want you guys to be aware that. I have children as well and I have teenage children that are in high school but I'm sure there are friends and people they may run with may have access to these as well but as parents just like alcohol tobacco in any other substance that our children should not be handling. I think that's part on us as well that we educate them at home as well about these products. And then we pray like hell that. They take heed to what we're saying and that we do not have to you know. At the very least go to the principal's office for this but may be even worse so I think that starts at home with us as parents and then it starts hopefully in this body with the legislation that would regulate this to where they are in the hands of capable retailers who can heart correctly who can educate of life field attorney with the no vows in his name's. He said he said that unfortunately they can still come into the state and again with that being said no matter what goes on in this body today that's a reality and so it goes back to us again as parents to educate our children our grandchildren on what's going on with this product the effects that it could have on them at a young age. So with that being said chairman a Jess again as a consumer. And as a veteran I say the products work for me I can't speak for the next person well I I can part of sheep dog impact assistance out of northwest Arkansas and we're veteran based group that there's quite a bit of us who take these products and they help us with our PTSD so I would I would pray that you guys don't take that from us because then we are back to. Looking for something a different alternative so with that being said chairman I yield a committee of the price thank you for your service thank you recognize that that when you came to set the table we appreciate it very much yes Sir thank you thank you. Eighty. Questions. Please. Please okay thank you Mr price for driving down and re fixed as well thank you. Introduced recognized closely bill. Thank chairman thank you members and thank you for everyone who can spoke for the guests as a serial appreciated take a time not I appreciate this process it is a good process it's it is what I'm thankful for our country that we have this process I sincerely am I I think there is a high agreement of that we have a problem I think everyone in this room agrees we have a problem and now we come together to work on the solution and infirmity I believe this bill is the correct solution it is the correct solution because we have seen an industry grow that has allowed products like these products even worse needs on the table to market to appeal to draw in children and that offends me. That's why I'm so passionate about this. I've seen my kids I've seen their impressionable they're dumb right I've seen them take the hot chip challenge right under a admit having pride and go in and put really spicy food and pass around their friends and and an impressive impressionable and spread around and. And then you you magnify that with harmful drugs. In the ramifications that that's happening and that's that's what brought me to this issue today and it's a struggle and it's it's for us to the state. We get to a chance to say. We don't want to allow our children be harmed anymore. And it even as if you if if you want to say that. Talk about the the product itself for adults. Then we have to lean on the fact that as a state at the voters have said constitutionally. We have not approve recreational marijuana. And I believe these products fall in the vein of that that type of thought. It's so because of those two things because the protection of children because of honoring the voters of the of of related to recreational marijuana that's why I believe this is the correct correct bill if you have any concerns around it holding up in court we've made amendments to make sure that it still has the strength to it with with the separable after loss. I'm confident we can win this in court I'm confident this is the right direction. I do find it extremely interesting extremely instead I'm going to make this point. That we did not see any conversation about this for years. Intel we introduce a ban bill Intel we talk about taking we profits off of our children off of these harmful products then all said we stay away we should regulate this stuff I find that really interesting. I find ensuring that all the Texan calls that we get you know related this. Show how much money is in this industry shows how addictive these products could be. And that's why I'm I I struggle I believe this is the right position I believe this is this is the moral high ground I believe it's right for our state our state our voters have said this is what we want we need to honor that that's why I am pushing this bill I believe is correct bill with that I'm closed I make a motion to do pass. Okay heard motions second. The. All in favor say aye aye All opposed. Regulation bill back to the thank you members thank chairman. All right I'm in it Senate bill three three nine I'm definitely one is Visscher stone texture. One. Okay. Are you ready Senator Caldwell. Please state your name for the record in your bill please Ronald Caldwell sent to the district ten in your bill and my bill number three thirty nine. This is a clean up bill from an act that was passed a couple years ago defining working animals of the. I will read from the of the act that was put in place this is ordinance resolution shall not be enacted by a municipality that terminates bands effectively banned or creation then do hardship relating to the job for use of working animals or animal enterprise in commerce service legal hunting agriculture husbandry transportation ranging entertainment education or exhibition and basically what it was doing this is not letting of municipalities outlaw carries rides the things of that nature where we had working animals the one thing we we fail to do represent Christian when he was here this this this of preventive unit municipalities from regulating sales of dogs cats within that city and the this bill goes back in exempts the sale of a dog or cat from this working and will bill and then basically they can regulate the sale of of dogs or puppies and things of that nature is what this would do. Any questions. I believe we have sandy man signed up to. Thank against the bill. Against. Good morning Mr chairman showed your name for the record please my name is. And I am the president of the Arkansas alliance the canine professionals it's a group of dedicated dog breeders owners and related businesses we have a goal as related to the proposed US Senate bill three thirty nine to work together in defense of our rights to breed unknown dogs without interference from unconstitutional laws or animal rights agendas. I'd like to say good morning to each of you Mr chairman and the members. I've not done this before so bear with me with the check and send the voice. I'm testifying today in support of act ten ninety one the working animal protection act and against the proposed changes namely the words municipality. I or municipalities and changed to the local council in multiple areas in this SP three thirty nine These changes alone just totally got the bill the working animal protection act it leaves the members in Arkansas he utilize working animals and their lawful businesses to be subject to bans once again in cities and other local political subdivisions across the state of Arkansas. And I don't believe is the intent or is it of the state to stop commerce and small businesses no matter what they are if they're legal. This law is not about home rule it's about stopping animal rights extremists with their money and influence on local. The government's years of work done previously by many sectors of animal related businesses when into compromising the working animal protection act. It's we say it and much more time went into it to pass a really good bill that respected everyone's concerns and now we don't understand what this bill is trying to change it. Secondly whether working animal protection act was not originally written to protect pet stores it was used in a recent federal lawsuit that took place to overturn a fable pet sale bans needless to say we were very pleased with this outcome mainly because it just protected the rights. But now best friends animal society another animal rights organizations are collaborating is what we've been told to add specific language to prohibit the sale of dogs and cats to Arkansas SP three thirty nine claiming it strengthens the working animal protection act. When in fact it is directed at hunters and anyone else that might want to participate in an animal sale. If a ban is imposed on sales than animal groups to sell dogs and cats by calling in an adoption fee would also be affected. Thus the bank this law would open litigation against the shelters even if the council said they were exempt in that case anyone selling an animal will or could just declare they are rescuing or charging an adoption fee. We respectfully ask chairman and members of this committee to vote no the SP three thirty nine which would effectively neuter the working animal protection act and remember that animal enterprise is the cornerstone of our American way of life. Thank you for listening. The members have a question. Say none mission business thank you for your comments thank you. Senator Caldwell are you ready to close. Thank you Mr chairman I appreciate of comments of but basically what you alluded to would be if a municipality past battle all the actual battle pertinent as far as should unveil shelters or a calling with the of sale calling fee instead of a of of of of or or. but it's not a issue of of. Whether not the municipality is required to put a band or or anything on the sale of a dog cat it doesn't of and if they were to ride the an ordinance to try to limit the the puppy mill or sale of a bad actor that orders would have to be written in the of course to the state to the laws and constitution so of what she said my could happen but in all probability with would not put any shelter or into Jeffrey you as far as having adoption fees. But again this this goes back to the unit working animal the. Bill of trying to protect them and it's hard to say that a kitten is a working animal and I would appreciate a good vote. We have a motion to pass I move that we. The do pass five second. Senator Davis second all in favor say aye. Any opposed. Graduations Senator D. a pastor bill. I will love take goes here from Michigan with no other bills before so the question is do we stand your I appreciate your time as long meeting L. did a good job and we'll be coming back to the pushing toward in the session we made me multiple times a week thank you very much.