24 LC 55 0231
House Bill 1286
By: Representatives Corbett of the 174
th
, Cannon of the 172
nd
, Williams of the 148
th
, LaHood
of the 175
th
, and Rhodes of the 124
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, relating to the
1
'Georgia Hemp Farming Act,' so as to regulate hemp products; to provide for definitions; to2
prohibit persons from performing certain activities without licenses; to provide for penalties;3
to revise disqualifications for a hemp grower license; to revise disqualifications for a hemp4
processor permit; to revise the annual fee for such a permit; to provide for the issuance of5
retail consumable hemp establishment licenses; to provide for the issuance of wholesale6
consumable hemp licenses; to provide for the issuance of manufacturer licenses; to provide7
for the registration of laboratories; to revise provisions concerning violations; to conform8
terminology; to provide for related matters; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Chapter 23 of Title 2 of the Official Code of Georgia Annotated, relating to the 'Georgia12
Hemp Farming Act,' is amended in Code Section 2-23-2, relating to intent, by revising13
paragraph (6) as follows:14
"(6) Enable the department, hemp grower
licensees, and universities to promote the15
cultivation and processing of hemp and the commercial sale of hemp products."16
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SECTION 2.
17
Said chapter is further amended by revising Code Section 2-23-3, relating to definitions, as18
follows:19
"2-23-3.20
As used in this chapter, the term:21
(1) 'Commercial sale' means the sale of products in the stream of commerce at retail, at22
wholesale, and online.23
(1.2) 'Consumable hemp product' means a hemp product intended to be ingested,
24
absorbed, or inhaled by humans or animals.25
(2) 'Cultivate' means to plant, water, grow, and harvest a plant or crop.26
(3) 'Federally defined THC level for hemp' means a delta-9-THC concentration of not27
more than 0.3 percent on a dry weight basis, or as defined in 7 U.S.C. Section 1639o,28
whichever is greater.29
(4) 'Handle' means to possess or store hemp plants for any period of time on premises30
owned, operated, or controlled by a person licensed to cultivate or permitted to process31
hemp, or to possess or store hemp plants in a vehicle for any period of time other than32
during the actual transport of such plants from the premises of a person licensed to33
cultivate or permitted to process hemp or a college or university authorized to conduct34
research pursuant to Code Section 2-23-4 to the premises of another licensed or permitted35
person or to a college or university authorized to conduct research pursuant to Code36
Section 2-23-4; provided, however, that this term shall not include possessing or storing37
finished hemp products.38
(5) 'Hemp' means the Cannabis sativa L. plant and any part of such plant, including the39
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts40
of isomers, whether growing or not, with the federally defined THC level for hemp or a41
lower level.42
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(5.1) 'Hemp grower licensee' means an individual or business entity possessing a hemp43
grower license issued by the department under the authority of this chapter to handle and44
cultivate hemp in the State of Georgia.45
(6) 'Hemp products' means all products with the federally defined THC level for hemp46
derived from, or made by, processing hemp plants or plant parts that are prepared in a47
form available for legal commercial sale, but not including food products infused with48
THC unless approved by the United States Food and Drug Administration.49
(6.1) 'Industrial hemp product' means any hemp product that is not a consumable hemp50
product.51
(7) 'Key participant' means a sole proprietor, a partner in a partnership, or a person with52
executive managerial control in a corporation when such sole proprietor, partnership, or53
corporation is an applicant to be a hemp grower licensee or a permittee. A person with54
executive managerial control in a corporation includes persons serving as a chief55
executive officer, chief operating officer, chief financial officer, or any other individual56
identified in regulations promulgated by the department. This term shall not include57
nonexecutive managers, such as farm, field, or shift managers.58
(8) 'Licensee' means an individual or business entity possessing a hemp grower license59
issued by the department under the authority of this chapter to handle and cultivate hemp60
in the State of Georgia.61
(8.1) 'Manufacture' means to create, produce, manipulate, combine, or package.62
(8.2) 'Manufacturer license' means a license issued by the department under the authority63
of this chapter to an individual or business entity that manufactures consumable hemp64
products or industrial hemp products in this state.65
(9) 'Permittee' means an individual or business entity possessing a hemp processor permit66
issued by the department under the authority of this chapter to handle and process hemp67
in the State of Georgia.68
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(10)(A) 'Process' or 'processing,' except as otherwise provided in subparagraph (B) of
69
this paragraph, means converting an agricultural commodity into a legally marketable70
form.71
(B) Such term shall not include:72
(i) Merely placing raw or dried material into another container or packaging raw or73
dried material for resale; or74
(ii) Traditional farming practices such as those commonly known as drying, shucking75
and bucking, storing, trimming, and curing.76
(10.1) 'Registered laboratory' means an individual or business entity that tests or analyzes
77
any plant within the genus Cannabis, including but not limited to hemp, and products78
made from or derived from such plant, including but not limited to hemp products and79
consumable hemp products, and that has registered with the department under this80
chapter.81
(11) 'Research' or 'researching' means experimental field, greenhouse, or laboratory82
activity for the ultimate purpose of developing new hemp varieties and products,83
improving existing hemp products, developing new uses for existing hemp products, or84
developing or improving methods for producing hemp products.85
(11.1) 'Retail consumable hemp establishment license' means a license issued by the86
department under the authority of this chapter to an individual or business entity that87
prepares or sells prepackaged consumable hemp products to consumers.88
(12) 'THC' means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination89
of tetrahydrocannabinol and tetrahydrocannabinolic acid.90
(13) 'Wholesale consumable hemp license' means a license issued by the department91
under the authority of this chapter to an individual or business entity that sells, in bulk,92
prepackaged consumable hemp products to retail consumable hemp establishment93
licensees or to other retail establishments located outside of the State of Georgia that are94
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authorized to sell consumable hemp products to consumers in the jurisdiction where such95
establishments are located."96
SECTION 3.97
Said chapter is further amended in Code Section 2-23-4, relating to required licenses,98
research by colleges and universities, and processing of other products, by revising99
subsection (a) as follows:100
"(a) Except as otherwise provided in subsection (b) of this Code section, it shall be101
unlawful for:102
(1) Any person to cultivate, handle, or process hemp in this state unless such person103
holds a hemp grower license or a hemp processor permit issued by the department104
pursuant to this chapter or is employed by a hemp grower licensee or permittee;105
(2) A permittee to accept hemp for processing from any person other than a hemp grower106
licensee or a college or university authorized to conduct research pursuant to107
subsection (b) of this Code section, except as otherwise provided in paragraph (4) of this108
subsection;109
(3) A hemp grower licensee to provide or sell hemp to any person other than another110
hemp grower licensee, a college or university authorized to conduct research pursuant to111
subsection (b) of this Code section, or a permittee with whom the hemp grower licensee112
enters into an agreement pursuant to Code Section 2-23-7, unless such person is located113
in a state with a plan to regulate hemp production that is approved by the Secretary of114
Agriculture secretary of agriculture of the United States, or otherwise in accordance with115
regulations promulgated by the United States Department of Agriculture, and such person116
is authorized to grow or process hemp in that state;117
(4) A permittee to accept for processing any hemp grown outside of the State of Georgia,118
unless such hemp is grown in a state with a plan to regulate hemp production that is119
approved by the Secretary of Agriculture secretary of agriculture of the United States or120
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otherwise in accordance with regulations promulgated by the United States Department
121
of Agriculture;122
(5) A permittee to process hemp pursuant to a hemp processor permit outside of the State123
of Georgia, unless such processing occurs in a state with a plan to regulate hemp124
production that is approved by the Secretary of Agriculture
secretary of agriculture of the125
United States or otherwise in accordance with regulations promulgated by the United126
States Department of Agriculture;127
(6) Any hemp grower licensee or permittee to otherwise fail to comply with the128
requirements of this chapter or any applicable state or federal law or regulation;129
(7) Any person to offer for sale at retail the unprocessed flower or leaves of the hemp130
plant; or131
(8) Any person to cultivate or handle hemp in any structure that is used for residential132
purposes."133
SECTION 4.134
Said chapter is further amended by adding a new Code section to read as follows:135
"2-23-4.1.136
(a) Except as provided in subsection (b) of this Code section, it shall be unlawful for any137
person:138
(1) To process hemp in this state unless such person holds a processing permit issued by139
the department or is employed by a permittee;140
(2) To handle hemp in this state unless such person holds a hemp grower license, a141
processing permit, or a manufacturer license issued by the department or has registered142
with the department as a registered laboratory or is employed by a person who holds such143
a license or who has registered with the department as a registered laboratory;144
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(3) To sell or offer for sale any consumable hemp product in this state to consumers145
unless such person holds a retail consumable hemp establishment license issued by the146
department or is employed by a person who holds such a license;147
(4) To sell or offer for sale any consumable hemp product in this state to retail148
consumable hemp establishment licensees or other retail establishments unless such149
person holds a wholesale consumable hemp license issued by the department or is150
employed by a person who holds such a license;151
(5) To manufacture hemp products in this state unless such person holds a manufacturer152
license issued by the department or is employed by a person who holds such a license;153
or154
(6) Perform in this state tests or analyses of any plant within the genus Cannabis,155
including but not limited to hemp, or any product made or derived from such plant,156
including but not limited to hemp products and consumable hemp products, unless such157
person has registered with the department as a registered laboratory or is employed by a158
person who has registered with the department as a registered laboratory.159
(b) The prohibitions contained in paragraphs (2) and (6) of subsection (a) of this Code160
section shall not apply to a college or university authorized to conduct research pursuant161
to Code Section 2-23-4 or a person assisting such college or university with such research162
pursuant to Code Section 2-23-4.163
(c)(1) Any person who violates any provision of subsection (a) of this Code section shall:164
(A) Be guilty of a misdemeanor for a first offense; and165
(B) For a second or subsequent offense, be guilty of a misdemeanor of a high and166
aggravated nature.167
(2) Each violation of any provision of subsection (a) of this Code section shall constitute168
a separate offense.169
(d) In addition to the criminal penalties provided for in subsection (c) of this Code section,170
any person who violates any provision of subsection (a) of this Code section shall be171
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subject to a civil penalty of not more than $5,000.00 for each violation. The amount of the172
civil penalty imposed pursuant to this subsection shall be fixed by the Commissioner after173
notice and hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative174
Procedure Act,' for contested cases. For purposes of this subsection, each day a violation175
of subsection (a) of this Code section occurs or continues shall constitute a separate176
violation."177
SECTION 5.178
Said chapter is further amended in Code Section 2-23-5, relating to procedure for licensing,179
fees, license requirements, and limitations on license, by revising paragraph (3) of180
subsection (c) and paragraph (3) of subsection (d) as follows:181
"(3) No license shall be issued to any applicant who has been convicted of a182
misdemeanor involving sale of or trafficking in a controlled substance or a felony related183
to a state or federally controlled substance within ten years of the date of application or184
who materially falsifies any information contained in a license application."185
"(3) For purposes of this subsection:186
(A) The term 'person' shall include all members of a hemp grower licensee's family and187
all corporations, limited partnerships, limited liability companies, and other business188
entities in which a hemp grower licensee holds more than a 50 percent ownership189
interest; the term 'family' shall include any person related to the holder of the hemp190
grower license within the first degree of consanguinity and affinity as computed191
according to the canon law and who is claimed as a dependent by the hemp grower192
licensee for income tax purposes; and193
(B) The beneficiaries of a trust shall be considered to have a beneficial interest in any194
business forming a part of the trust estate."195
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SECTION 6.
196
Said chapter is further amended in Code Section 2-23-6, relating to procedure for permitting197
and limitations on permits and interests, by revising paragraph (3) of subsection (c),198
subsection (e), and paragraph (3) of subsection (h) as follows:199
"(3) No permit shall be issued to any applicant who has been convicted of a misdemeanor200
involving sale of or trafficking in a controlled substance or a felony related to a state or
201
federally controlled substance within ten years of the date of application or who202
materially falsifies any information contained in a license application."203
"(e) Hemp processor permits shall be issued for one calendar year at an annual permit fee204
of $25,000.00 $10,000.00, so long as no administrative action has been taken by the205
department regarding such permittee under this chapter."206
"(3) For purposes of this subsection:207
(A) The term 'person' shall include all members of a licensee's permittee's family and208
all corporations, limited partnerships, limited liability companies, and other business209
entities in which a licensee permittee holds more than a 50 percent ownership interest;210
the term 'family' shall include any person related to the holder of the hemp processor211
permit within the first degree of consanguinity and affinity as computed according to212
the canon law and who is claimed as a dependent by the licensee permittee for income213
tax purposes; and214
(B) The beneficiaries of a trust shall be considered to have a beneficial interest in any215
business forming a part of the trust estate."216
SECTION 7.217
Said chapter is further amended in Code Section 2-23-6.1, relating to bond requirements,218
breach of bond, hearing, enforcement, and insufficient bond funds, by revising219
subsections (a), (d), and (e) as follows:220
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"(a) Any applicant for a hemp processor permit shall make and deliver to the
221
Commissioner a surety bond executed by a surety corporation authorized to transact222
business in this state and approved by the Commissioner. Any and all bond applications223
shall be accompanied by a certificate of good standing issued by the Commissioner of224
Insurance. If any company issuing a bond shall be removed from doing business in this225
state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner226
within 30 days. The bond shall be in such amount as the Commissioner may determine,227
not exceeding an amount equal to 2 percent of the amount of hemp purchased from hemp
228
grower licensees by the permittee in the most recent calendar year; provided, however, that229
the minimum amount of such bond shall be $300,000.00 and the maximum amount shall230
be $1 million. Such bond shall be upon a form prescribed or approved by the231
Commissioner and shall be conditioned to secure the faithful accounting for and payment232
to hemp grower licensees for hemp purchased by such permittee as well as to secure the233
permittee's compliance with the requirements of this chapter. Whenever the Commissioner234
shall determine that a previously approved bond has for any cause become insufficient, the235
Commissioner may require an additional bond or bonds to be given in compliance with this236
Code section. Unless the additional bond or bonds are given within the time fixed by237
written demand therefor, or if the bond of a permittee is canceled, the permit of such238
permittee shall be immediately revoked by operation of law without notice or hearing, and239
such permittee shall be ineligible to reapply for such permit for a period of four years after240
such revocation."241
"(d) If such settlement is not effected within such time, the Commissioner or the hemp242
grower licensee may bring an action to enforce the claim. If the hemp grower licensee is243
not satisfied with the ruling of the Commissioner, he or she may commence and maintain244
an action against the principal and surety on the bond of the parties complained of as in any245
civil action.246
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(e) If the bond or collateral posted is insufficient to pay in full the valid claims of hemp247
grower licensees, the Commissioner may direct that the proceeds of such bond shall be248
divided pro rata among such hemp grower licensees."249
SECTION 8.250
Said chapter is further amended by adding a new Code section to read as follows:251
"2-23-6.2.252
(a) Except as otherwise provided in this chapter, consideration, issuance, and revocation253
of retail consumable hemp establishment licenses issued by the department pursuant to this254
Code section shall be accomplished in accordance with Chapter 5 of this title, and such255
licenses shall otherwise be governed by such chapter.256
(b) Applications for a retail consumable hemp establishment license shall be made on a257
form furnished by the Commissioner and, together with such other information as the258
Commissioner may require, shall state:259
(1) The name of the applicant;260
(2) The business address of the applicant;261
(3) The complete telephone number and email address of the applicant;262
(4) The location where the applicant will sell or offer for sale consumable hemp products263
in this state and whether such location is owned or leased by the applicant; and264
(5) If the applicant is a business entity, the name of the owners, partners, members, or265
shareholders of such entity.266
(c) Retail consumable hemp establishment licenses shall be issued by the department for267
one calendar year at an annual licensing fee of at least $250.00 but not more268
than $4,000.00, as established by the Commissioner. The Commissioner may establish269
separate classes of retail consumable hemp establishment licenses based on the amount of270
consumable hemp products to be sold by the licensee, and the annual licensing fees271
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required by this subsection shall be in different amounts for each such separate class of272
retail consumable hemp establishment licenses.273
(d) Retail consumable hemp establishment licenses issued by the department pursuant to274
this Code section shall be issued in connection with a single retail location where275
consumable hemp products will be sold or offered for sale to consumers by the licensee.276
For a person to sell or offer for sale consumable hemp products to consumers at multiple277
retail locations, such person shall be required to obtain from the department separate retail278
consumable hemp establishment licenses for each such retail location."279
SECTION 9.280
Said chapter is further amended by adding a new Code section to read as follows:281
"2-23-6.3.282
(a) Except as otherwise provided in this chapter, consideration, issuance, and revocation283
of wholesale consumable hemp licenses issued by the department pursuant to this Code284
section shall be accomplished in accordance with Chapter 5 of this title, and such licenses285
shall otherwise be governed by such chapter.286
(b) Applications for a wholesale consumable hemp license shall be made on a form287
furnished by the Commissioner and, together with such other information as the288
Commissioner may require, shall state:289
(1) The name of the applicant;290
(2) The business address of the applicant;291
(3) The complete telephone number and email address of the applicant;292
(4) The location of the facility where the applicant will store consumable hemp products293
and otherwise operate as a wholesaler of consumable hemp products in this state and294
whether such facility is owned or leased by the applicant; and295
(5) If the applicant is a business entity, the name of the owners, partners, members, or296
shareholders of such entity.297
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(c) Wholesale consumable hemp licenses shall be issued by the department for one298
calendar year at an annual licensing fee of at least $500.00 but not more than $10,000.00,299
as established by the Commissioner. The Commissioner may establish separate classes of300
wholesale consumable hemp licenses based on the amount of consumable hemp products301
to be sold by the licensee, and the annual licensing fees required by this subsection shall302
be in different amounts for each such separate class of wholesale consumable hemp303
licenses.304
(d) Wholesale consumable hemp licenses issued by the department pursuant to this Code305
section shall be issued in connection with a single facility where the licensee will store306
consumable hemp products or otherwise operate as a wholesaler of consumable hemp307
products. For a person to store consumable hemp products or otherwise operate as a308
wholesaler of consumable hemp products at multiple facilities, such person shall be309
required to obtain from the department separate wholesale consumable hemp licenses for310
each such facility."311
SECTION 10.312
Said chapter is further amended by adding a new Code section to read as follows:313
"2-23-6.4.314
(a) Except as otherwise provided in this chapter, consideration, issuance, and revocation315
of manufacturer licenses issued by the department pursuant to this Code section shall be316
accomplished in accordance with Chapter 5 of this title, and such licenses shall otherwise317
be governed by such chapter.318
(b) Applications for a manufacturer license shall be made on a form furnished by the319
Commissioner and, together with such other information as the Commissioner may require,320
shall state:321
(1) The name of the applicant;322
(2) The business address of the applicant;323
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(3) The complete telephone number and email address of the applicant;324
(4) The location of the facility where the applicant will manufacture hemp products in325
this state and whether such facility is owned or leased by the applicant; and326
(5) If the applicant is a business entity, the name of the owners, partners, members, or327
shareholders of such entity.328
(c) Manufacturer licenses shall be issued by the department for one calendar year at an329
annual licensing fee of $5,000.00; provided, however, that any person who holds a hemp330
processor permit issued by the department under this chapter shall not be required to pay331
the annual licensing fee provided for in this subsection in order for such person to be issued332
a manufacturer license by the department under this Code section.333
(d) Manufacturer licenses issued by the department pursuant to this Code section shall be334
issued in connection with a single facility where the licensee will manufacture hemp335
products. For a person to manufacture hemp products at multiple facilities, such person336
shall be required to obtain from the department separate manufacturer licenses for each337
such facility."338
SECTION 11.339
Said chapter is further amended by adding a new Code section to read as follows:340
"2-23-6.5.341
(a) Any person desiring to perform in this state tests or analyses of any plant within the342
genus Cannabis, including but not limited to hemp, or any product made or derived from343
such plant, including but not limited to hemp products and consumable hemp products,344
shall register with the department as a registered laboratory and pay a one-time registration345
fee of $250.00.346
(b) Except as otherwise provided in this chapter, consideration, acceptance, and revocation347
of a registration made pursuant to this Code section shall be accomplished in accordance348
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with Chapter 5 of this title, and such registration shall otherwise be governed by such349
chapter.350
(c) Registration with the department as a registered laboratory shall be made on a form and351
in a manner as prescribed by the Commissioner. Such registration shall include, together352
with such other information as the Commissioner may require, the following information:353
(1) The name of the registrant;354
(2) The business address of the registrant;355
(3) The complete telephone number and email address of the registrant;356
(4) The location of the laboratory facility where the registrant will perform tests and357
analyses of any plant within the genus Cannabis or any product made or derived from358
such plant; and359
(5) If the registrant is a business entity, the name of the owner, partners, members, or360
shareholders of such entity.361
(d) The department shall not accept a registration under this Code section unless the362
registrant demonstrates, to the department's satisfaction, that it is not affiliated with any363
licensee or permittee and has been accredited pursuant to the standards of the International364
Organization for Standardization for the competence, impartiality, and consistent operation365
of laboratories.366
(e) Registrations made under this Code section shall be in connection with a single367
laboratory facility. For a person to perform tests or analyses of any plant within the genus368
Cannabis or any product made or derived from such plant at multiple laboratory facilities,369
such person shall be required to register each such laboratory facility with the department370
under this Code section.371
(f) A registered laboratory, or any person employed by a registered laboratory, shall not372
be subject to arrest, prosecution, or any civil penalty for possessing, or having under his or373
her control, THC or marijuana, as such term is defined in Code Section 16-13-21, provided374
that such possession or control occurs in connection with a test or analysis performed:375
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(1) On behalf of:376
(A) A person licensed under this chapter or under Article 9 of Chapter 12 of Title 16;377
or378
(B) The department or the Georgia Access to Medical Cannabis Commission; and379
(2) In accordance with the rules and regulations promulgated by the department pursuant380
to this chapter.381
(g) The department shall provide by rule and regulation a procedure by which registered382
laboratories shall dispose of plants or products within their possession that do not comply383
with the provisions of this chapter or are otherwise unlawful under the laws of this state."384
SECTION 12.385
Said chapter is further amended in Code Section 2-23-7, relating to business agreements,386
transportation, and reimbursement for crop destruction, by revising subsections (a) and (c)387
as follows:388
"(a) Every permittee shall at all times have in place written agreements with each hemp389
grower licensee governing their business relationship. Each permittee shall provide a copy390
of each such agreement, and any amendments thereto, to the department within ten days391
of execution of each such agreement or amendment thereto."392
"(c) Until December 31, 2022, when a hemp grower licensee disposes of a lot pursuant to393
Code Section 2-23-8, the permittee with whom the hemp grower licensee has entered into394
an agreement pursuant to this Code section shall reimburse the hemp grower licensee for395
half of the amount of the combined value of the seed, fertilizer, labor costs, and any other396
reasonable and customary input expenses incurred with such disposed of lot."397
SECTION 13.398
Said chapter is further amended in Code Section 2-23-8, relating to sampling and random399
testing of hemp, by revising paragraph (1) of subsection (a) as follows:400
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"(a)(1) The department shall have the right, either through its own personnel or through
401
an independent contractor as provided for in Code Section 2-23-9, to collect samples of402
hemp for testing as provided for in this chapter from the fields and greenhouses of all403
hemp grower
licensees. Samples shall be representative of each lot with the same global404
positioning coordinates. No hemp shall be harvested until such samples are collected.405
Such testing, and the harvesting of the hemp tested, shall be conducted in compliance406
with this chapter and with regulations promulgated by the department."407
SECTION 14.408
Said chapter is further amended by revising Code Section 2-23-10, relating to enforcement,409
corrective action plan, revocation of licenses, and reporting of licensees and permittees to the410
Attorney General, as follows:411
"2-23-10.412
(a) A violation of a plan authorized by Code Section 2-23-11 and approved by the413
secretary of agriculture of the United States by a licensee or permittee shall be subject to414
enforcement in accordance with this Code section.415
(b)(1) A hemp grower licensee or permittee under this chapter shall be required to416
conduct a corrective action plan if the Commissioner determines that the hemp grower417
licensee or permittee has negligently violated this chapter or has violated rules and418
regulations promulgated by the department pursuant to this chapter by:419
(A) Failing to provide a legal description and global positioning coordinates sufficient420
for locating fields and greenhouses the hemp grower licensee uses to cultivate and421
harvest hemp or facilities at which the permittee processes hemp;422
(B) Failing to properly obtain a hemp grower license or permit from the department;423
(C) Producing Cannabis sativa L. with more than the federally defined THC level for424
hemp; or425
(D) Otherwise negligently violating this chapter.426
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(2) A corrective action plan required by this Code section shall include:
427
(A) A reasonable date by which the hemp grower
licensee or permittee shall correct428
the negligent violation; and429
(B) A requirement that the hemp grower licensee or permittee shall periodically report430
to the Commissioner on the compliance status of the hemp grower licensee or permittee431
with the corrective action plan for a period of not less than two calendar years after the432
violation.433
(c) Except as provided in subsection (d) of this Code section, a hemp grower licensee or434
permittee that negligently violates this chapter or rules and regulations promulgated by the435
department pursuant to this chapter shall not as a result be subject to any criminal or civil436
enforcement action by any government agency other than the enforcement action437
authorized under subsection (b) of this Code section.438
(d) A hemp grower licensee or permittee that negligently violates the corrective action439
plan under subsection (b) of this Code section this chapter or the rules and regulations440
promulgated by the department pursuant to this chapter three times in a five-year period441
shall have its hemp grower license or permit issued pursuant to this chapter immediately442
revoked and shall be ineligible to reapply for a hemp grower license or permit for a period443
of five years after the date of the third violation.444
(e) If the Commissioner determines that a hemp grower licensee or permittee has violated445
state law with a culpable mental state greater than negligence, the Commissioner shall446
immediately report the hemp grower licensee or permittee to the United States Attorney447
General and the state Attorney General, and subsection (a) of this Code section shall not448
apply to the violation.449
(f) Laws enacting criminal offenses, including laws provided for in Title 16, not in conflict450
with this chapter shall continue to be enforceable and of full force and effect."451
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SECTION 15.
452
Said chapter is further amended by revising Code Section 2-23-12, relating to rules and453
regulations, as follows:454
"2-23-12.455
The department, in consultation with the Georgia Bureau of Investigation, shall
may456
promulgate rules and regulations as necessary to implement the provisions of this chapter.457
Such rules and regulations shall include the plan provided for in Code Section 2-23-11458
upon the approval of such plan by the secretary of agriculture of the United States."459
SECTION 16.460
All laws and parts of laws in conflict with this Act are repealed.461
H. B. 1286
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