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H. B. 196
- 1 -
House Bill 196
By: Representatives Powell of the 33
rd
, Washburn of the 144
th
, Wilkerson of the 38
th
, Daniel
of the 117
th
, McCollum of the 30
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 9 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,
1
relating to access to medical cannabis, so as to provide that the Georgia Access to Medical2
Cannabis Commission shall be subject to the Administrative Procedure Act and laws3
governing open meetings and open records; to provide for exceptions; to provide for4
legislative oversight; to authorize the location of retail outlets for the dispensing of low THC5
oil and products to registered patients at Class 1 and Class 2 production facilities; to6
authorize the dispensing of low THC oil and products from any Class 1 or Class 2 production7
licensee by any dispensing licensee; to provide for additional Class 1 and Class 2 production8
licenses; to provide for criteria; to amend Code Section 31-2A-18 of the Official Code of9
Georgia Annotated, relating to the Low THC Oil Patient Registry, so as to add ulcerative10
colitis as a condition for which low THC oil may be used for treatment; to provide for related11
matters; to repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
SECTION 1.14
Article 9 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to15
access to medical cannabis, is amended by revising Code Section 16-12-202, relating to the16 23 LC 28 0560
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creation of Georgia Access to Medical Cannabis Commission, terms, designation, meetings,
17
vacancy, and compensation, by adding a new subsection to read as follows:18
"(f) The commission shall be subject to the provisions of Chapters 13 and 14 of Title 50
19
and, except as otherwise specifically provided in this article, the provisions of Article 4 of20
Chapter 18 of Title 50."21
SECTION 2.22
Said article is further amended by revising Code Section 16-12-206, relating to annual,23
nontransferable dispensing license, adoption of rules, and fees, as follows:24
"16-12-206.25
(a)(1) Upon request by a licensed pharmacy in this state, the State Board of Pharmacy26
shall be authorized to develop an annual, nontransferable specialty dispensing license for27
an independent pharmacy with a registered office located within this state to dispense low28
THC oil and products to registered patients. The State Board of Pharmacy shall develop29
rules and regulations regarding dispensing pharmacies in this state in accordance with the30
requirements contained in subsection (b) of this Code section.31
(2) The commission shall be authorized to issue five dispensing licenses to each Class32
1 production licensee and each Class 2 production licensee for retail outlets to dispense33
low THC oil and products to registered patients. In addition, the commission shall be34
authorized to issue a dispensing license for a retail outlet to each Class 1 production35
licensee and each Class 2 production licensee for the purpose of establishing a retail36
outlet for the dispensing of low THC oil and products to registered patients at the location37
of the Class 1 production licensee's production facility or at the location of the Class 238
production licensee's production facility. The commission shall ensure that dispensing39
licenses shall be issued so that retail outlets are dispersed throughout the state. The40
commission shall develop rules and regulations regarding retail dispensing licensees in41
this state in accordance with the requirements contained in subsection (b) of this Code42 23 LC 28 0560
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section. The commission shall be authorized to issue one additional dispensing license
43
to each Class 1 and Class 2 production licensee when the Low THC Oil Patient Registry44
established and maintained pursuant to Code Section 31-2A-18 reaches 25,000 patients45
and for every increase of 10,000 patients thereafter.46
(b) The State Board of Pharmacy and the commission shall separately adopt rules relating47
to the dispensing of low THC oil and products, with the State Board of Pharmacy48
promulgating rules and regulations for pharmacies that dispense low THC oil and products49
and the commission promulgating rules and regulations for other retail outlets that dispense50
low THC oil and products. Such rules shall include but not be limited to:51
(1) Standards, procedures, and protocols for the effective use of low THC oil and52
products as authorized by state law and related rules and regulations;53
(2) Standards, procedures, and protocols for the dispensing of low THC oil and products54
by a pharmacy with a dispensing license and by retail dispensing licensees and for the55
utilization of a tracking system;56
(3) Procedures and protocols to provide that no low THC oil or products may be sold to57
or transferred to a location outside of this state;58
(4) The establishment of standards, procedures, and protocols for determining the59
amount of usable low THC oil and products that is necessary to constitute an adequate60
supply for registered patients in this state to ensure uninterrupted availability for a period61
of one month, including amounts for topical treatments;62
(5) The establishment of standards, procedures, and protocols to ensure that all low THC63
oil and products dispensed are consistently pharmaceutical grade;64
(6) The establishment of standards and procedures for the revocation, suspension, and65
nonrenewal of dispensing licenses;66
(7) The establishment of other licensing, renewal, and operational standards which are67
deemed necessary by the State Board of Pharmacy and the commission;68 23 LC 28 0560
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(8) The establishment of standards and procedures for testing low THC oil and products
69
for levels of tetrahydrocannabinol or other testing parameters deemed appropriate by the70
State Board of Pharmacy and the commission;71
(9) The establishment of health, safety, and security requirements for pharmacies and72
retail dispensing licensees dispensing low THC oil and products; and73
(10) Requirements for the issuance of dispensing licenses to pharmacies and Class 1 and74
Class 2 production licensees.75
(c) The commission shall be authorized, by rules and regulations, to establish fees for76
dispensing licenses to Class 1 and Class 2 production licensees commensurate with the77
location of the retail outlet and demand for low THC oil and products at such location.78
(d) Each dispensing location shall be authorized to sell low THC oil and products from any
79
Class 1 or Class 2 production licensee in this state."80
SECTION 3.81
Said article is further amended by revising Code Section 16-12-207, relating to establishment82
of Medical Cannabis Commission Oversight Committee, membership, inspections, provision83
of information, plan for accredited lab testing, and patient and physician input, as follows:84
"16-12-207.85
(a) The There is created as a joint committee of the General Assembly shall establish a the86
Georgia Access to Medical Cannabis Commission Legislative Oversight Committee with87
two members appointed by the Lieutenant Governor and two members appointed by the88
Speaker of the House of Representatives to be composed of the members of the House89
Committee on Regulated Industries and the Senate Economic Development Committee.90
The chairpersons of such committees shall serve as cochairpersons of the legislative91
oversight committee. The oversight committee shall periodically inquire into and review92
the operations of the Georgia Access to Medical Cannabis Commission, as well as93
periodically review and evaluate the success with which the commission is accomplishing94 23 LC 28 0560
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its statutory duties and functions as provided in this chapter. The oversight committee may95
conduct any independent audit or investigation of the commission that it deems necessary.96
Any member of the Georgia Access to Medical Cannabis Commission Legislative97
Oversight Committee shall be permitted to inspect any production facility upon request and98
after reasonable notice is provided to the production facility.99
(b) The commission shall promptly provide any document or information requested by the100
legislative oversight committee that is in its possession, provided that the commission shall101
not share documents containing data identifying individual patients or physicians,102
information marked as trade secrets by applicants or licensees, information that in the view103
of the commission would interfere with an ongoing licensing applicant selection process,104
or information that in the judgment of the commission would create law enforcement or105
security risks to the citizens of Georgia.106
(c) No later than August 1, 2021, the oversight committee shall recommend to the107
commission a process and plan for providing accredited lab testing of products produced108
by licensees and for labeling such products. The commission shall consider the109
recommendations of the oversight committee in adopting policies, procedures, and110
regulations regarding such testing and labeling Reserved.111
(d) The legislative oversight committee may regularly seek input from patients and112
physicians as to the availability and quality of products produced pursuant to this chapter,113
and recommend to the commission changes to policies, procedures, and regulations to114
improve availability and quality. The commission shall consider such recommendations115
in adopting policies, procedures, and regulations."116
SECTION 4.117
Said article is further amended by revising subsection (a) of Code Section 16-12-211, relating118
to Class 1 production licenses, application fees, revocation, and limitation of ownership, as119
follows:120 23 LC 28 0560
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"(a) The commission may issue up to two six Class 1 production licenses, provided that121
the total number of Class 1 and Class 2 production licenses shall not exceed 13 production122
licenses. A Class 1 production licensee shall be authorized to:123
(1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited to124
100,000 square feet of cultivation space; and125
(2) Manufacture low THC oil and products."126
SECTION 5.127
Said article is further amended by revising subsection (a) of Code Section 16-12-212, relating128
to Class 2 production licenses, application fees, revocation, and limitation of ownership, as129
follows:130
"(a) The commission may issue up to four nine Class 2 production licenses, provided that131
the total number of Class 1 and Class 2 production licenses shall not exceed 13 production132
licenses. A Class 2 production licensee shall be authorized to:133
(1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited to134
50,000 square feet of cultivation space; and135
(2) Manufacture low THC oil and products."136
SECTION 6.137
Said article is further amended by revising subsection (a) of Code Section 16-12-221, relating138
to contracts awarded through bids or proposals, minimum contract terms and renewals,139
subcontracting, and giving or receiving things of value limited, by designating the existing140
text as paragraph (1) and adding a new paragraph as follows:141
"(2) No later than July 31, 2023, the commission shall award up to four additional142
Class 1 production licenses and up to five additional Class 2 production licenses. Such143
licenses shall be awarded to the apparent successful applicants identified in the144
commission's notices of intent to award, dated July 24, 2021, pursuant to its competitive145 23 LC 28 0560
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application request for proposals for Class 1 and Class 2 production licenses, and shall146
be awarded to those applicants that filed post-award protests to such notices of intent to147
award who have appealed the decisions regarding such protests. A person that filed a148
post-award protest which is on appeal who had applied for both a Class 1 and a Class 2149
production license pursuant to such notices of intent to award shall choose which class150
of license such person wants to receive. A person designated under this subsection shall151
be awarded or issued either a Class 1 or a Class 2 production license, but not both. The152
aggregate number of Class 1 and Class 2 production licenses awarded or issued shall not153
exceed six licenses."154
SECTION 7.155
Code Section 31-2A-18 of the Official Code of Georgia Annotated, relating to the Low THC156
Oil Patient Registry, is amended by revising paragraph (3) of subsection (a) as follows:157
"(3) 'Condition' means:158
(A) Cancer, when such disease is diagnosed as end stage or the treatment produces159
related wasting illness or recalcitrant nausea and vomiting;160
(B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end161
stage;162
(C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;163
(D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;164
(E) Crohn's disease;165
(F) Mitochondrial disease;166
(G) Parkinson's disease, when such disease is diagnosed as severe or end stage;167
(H) Sickle cell disease, when such disease is diagnosed as severe or end stage;168
(I) Tourette's syndrome, when such syndrome is diagnosed as severe;169 23 LC 28 0560
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(J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at
170
least 18 years of age, or severe autism, when diagnosed for a patient who is less than171
18 years of age;172
(K) Epidermolysis bullosa;173
(L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;174
(M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as175
severe or end stage;176
(N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;177
(O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing178
of a trauma for a patient who is at least 18 years of age; or
179
(P) Intractable pain; or180
(Q) Ulcerative colitis."181
SECTION 8.182
All laws and parts of laws in conflict with this Act are repealed. 183