GA
Georgia House Bill HB196

Georgia 2023-2024 Regular Session

Georgia House Bill HB196 Compare Versions

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1-23 LC 36 5597S
1+LC 48 0911S
22 - 1 -
3-The Senate Committee on Regulated Industries and Utilities offered the following
4-substitute to HB 196:
3+The House Committee on Rules offers the following substitute to HB 196:
54 A BILL TO BE ENTITLED
65 AN ACT
7-To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the1
8-Department of Agriculture, so as to provide for the study of the regulation of the production,2
9-distribution, and use of medical cannabis; to amend Article 9 of Chapter 12 of Title 16 of the3
10-Official Code of Georgia Annotated, relating to access to medical cannabis, so as to provide4
11-that the Georgia Access to Medical Cannabis Commission shall be subject to the5
12-Administrative Procedure Act, laws governing open meetings and open records, and state6
13-purchasing laws; to provide for information to be provided to the Medical Cannabis7
14-Commission Oversight Committee unless exempt from public disclosure under open records8
15-laws; to authorize the location of retail outlets for the dispensing of low THC oil and9
16-products to registered patients at Class 1 and Class 2 production facilities; to authorize the10
17-dispensing of low THC oil and products from any Class 1 or Class 2 production licensee by11
18-any dispensing licensee; to provide for additional Class 1 and Class 2 production licenses;12
19-to provide for criteria; to provide for appeals to the Georgia State-wide Business Court; to13
20-require each commissioner to file an annual financial disclosure statement; to amend Code14
21-Section 31-2A-18 of the Official Code of Georgia Annotated, relating to the Low THC Oil15
22-Patient Registry, so as to expand conditions for which low THC oil may be used for16
23-treatment; to provide for related matters; to provide for an effective date; to repeal conflicting17
24-laws; and for other purposes.18 23 LC 36 5597S
6+To amend Article 9 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,1
7+relating to access to medical cannabis, so as to provide that the Georgia Access to Medical2
8+Cannabis Commission shall be subject to the Administrative Procedure Act, laws governing3
9+open meetings and open records, and state purchasing laws; to provide for information to be4
10+provided to the Medical Cannabis Commission Oversight Committee unless exempt from5
11+public disclosure under open records laws; to authorize the location of retail outlets for the6
12+dispensing of low THC oil and products to registered patients at Class 1 and Class 27
13+production facilities; to authorize the dispensing of low THC oil and products from any8
14+Class 1 or Class 2 production licensee by any dispensing licensee; to provide for additional9
15+Class 1 and Class 2 production licenses; to provide for criteria; to provide for appeals to the10
16+Georgia State-wide Business Court; to require each commissioner to file an annual financial11
17+disclosure statement; to amend Code Section 31-2A-18 of the Official Code of Georgia12
18+Annotated, relating to the Low THC Oil Patient Registry, so as to expand conditions for13
19+which low THC oil may be used for treatment; to provide for related matters; to provide for14
20+an effective date; to repeal conflicting laws; and for other purposes.15
21+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 LC 48 0911S
2522 - 2 -
26-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19
27-SECTION 1.20
28-Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department21
29-of Agriculture, is amended by adding a new Code section to read as follows:22
30-"2-2-14.23
31-Prior to September 1, 2023, the Commissioner shall undertake a thorough study of issues24
32-and problems relating to regulation of the production, distribution, and use of medical25
33-cannabis in the State of Georgia. No later than December 1, 2023, the Commissioner shall26
34-submit a report to the Governor, Lieutenant Governor, and Speaker of the House of27
35-Representatives detailing any organizational, budgetary, or legislative changes the28
36-Commissioner may recommend in regard to these issues."29
37-SECTION 2.30
38-Article 9 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to31
39-access to medical cannabis, is amended by revising Code Section 16-12-202, relating to the32
40-creation of Georgia Access to Medical Cannabis Commission, terms, designation, meetings,33
41-vacancy, and compensation, by adding a new subsection to read as follows:34
42-"(f) The commission shall be subject to the provisions of Article 3 of Chapter 5, Chapter35
43-13, Chapter 14, and Article 4 of Chapter 18 of Title 50, except as otherwise provided in this36
44-article."37
45-SECTION 3.38
46-Said article is further amended by revising paragraphs (2) and (17) of Code39
47-Section 16-12-203, relating to powers, duties, and responsibilities of the Georgia Access to40
48-Medical Cannabis Commission, as follows:41 23 LC 36 5597S
23+SECTION 1.17
24+Article 9 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to18
25+access to medical cannabis, is amended by revising Code Section 16-12-202, relating to the19
26+creation of Georgia Access to Medical Cannabis Commission, terms, designation, meetings,20
27+vacancy, and compensation, by adding a new subsection to read as follows:21
28+"(f) The commission shall be subject to the provisions of Article 3 of Chapter 5, Chapter22
29+13, Chapter 14, and Article 4 of Chapter 18 of Title 50, except as otherwise provided in this23
30+article."24
31+SECTION 2.25
32+Said article is further amended by revising paragraphs (2) and (17) of Code26
33+Section 16-12-203, relating to powers, duties, and responsibilities of the Georgia Access to27
34+Medical Cannabis Commission, as follows:28
35+"(2) To execute a contract or contracts to purchase or obtain low THC oil, cannabis,29
36+cannabinoids, or any other derivative, compound, or substantially similar products from30
37+any available legal source and to provide logistics related thereto in accordance with this31
38+article. Such contract or contracts may be executed with one or more qualified32
39+corporations or with one or more governmental entities. Purchases made and contracts33
40+entered into pursuant to this paragraph shall not be subject to state purchasing laws34
41+contained in Article 3 of Chapter 5 of Title 50 or in other provisions of the Official Code35
42+of Georgia Annotated;"36
43+"(17) To levy fines for failure by a Class 1 production licensee, Class 2 production37
44+licensee, or dispensing licensee to operate in accordance with rules and regulations38
45+established by the commission within 14 days of written notice by the commission of39
46+specific violations. Such fines shall not exceed $25,000.00 for a first offense, $50,000.0040
47+for a failure to remedy the offense within 60 days after written notice of a first offense,41
48+and $75,000.00 for subsequent failures to remedy noncompliance within 90 days after42 LC 48 0911S
4949 - 3 -
50-"(2) To execute a contract or contracts to purchase or obtain low THC oil, cannabis,42
51-cannabinoids, or any other derivative, compound, or substantially similar products from43
52-any available legal source and to provide logistics related thereto in accordance with this44
53-article. Such contract or contracts may be executed with one or more qualified45
54-corporations or with one or more governmental entities. Purchases made and contracts46
55-entered into pursuant to this paragraph shall not be subject to state purchasing laws47
56-contained in Article 3 of Chapter 5 of Title 50 or in other provisions of the Official Code48
57-of Georgia Annotated;"49
58-"(17) To levy fines for failure by a Class 1 production licensee, Class 2 production50
59-licensee, or dispensing licensee to operate in accordance with rules and regulations51
60-established by the commission within 14 days of written notice by the commission of52
61-specific violations. Such fines shall not exceed $25,000.00 for a first offense, $50,000.0053
62-for a failure to remedy the offense within 60 days after written notice of a first offense,54
63-and $75,000.00 for subsequent failures to remedy noncompliance within 90 days after55
64-written notice of a first offense. Following a third written notice of a recurring violation,56
65-the commission may also order a licensee to cease operations for a period of up to 3057
66-days to correct the violation. Any such fines or orders to cease operations shall be subject58
67-to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.';' provided,59
68-however, that any appeal from a final decision shall be made to the Georgia State-wide60
69-Business Court in accordance with Code Section 16-12-221.1."61
70-SECTION 4.62
71-Said article is further amended by revising Code Section 16-12-206, relating to annual,63
72-nontransferable dispensing license, adoption of rules, and fees, as follows:64
73-"16-12-206.65
74-(a)(1) Upon request by a licensed pharmacy in this state, the State Board of Pharmacy66
75-shall be authorized to develop an annual, nontransferable specialty dispensing license for67 23 LC 36 5597S
50+written notice of a first offense. Following a third written notice of a recurring violation,43
51+the commission may also order a licensee to cease operations for a period of up to 3044
52+days to correct the violation. Any such fines or orders to cease operations shall be subject45
53+to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.';' provided,46
54+however, that any appeal from a final decision shall be made to the Georgia State-wide47
55+Business Court in accordance with Code Section 16-12-221.1."48
56+SECTION 3.49
57+Said article is further amended by revising Code Section 16-12-206, relating to annual,50
58+nontransferable dispensing license, adoption of rules, and fees, as follows:51
59+"16-12-206.52
60+(a)(1) Upon request by a licensed pharmacy in this state, the State Board of Pharmacy53
61+shall be authorized to develop an annual, nontransferable specialty dispensing license for54
62+an independent pharmacy with a registered office located within this state to dispense low55
63+THC oil and products to registered patients. The State Board of Pharmacy shall develop56
64+rules and regulations regarding dispensing pharmacies in this state in accordance with the57
65+requirements contained in subsection (b) of this Code section.58
66+(2) The commission shall be authorized to issue five dispensing licenses to each Class59
67+1 production licensee and each Class 2 production licensee for retail outlets to dispense60
68+low THC oil and products to registered patients. In addition, the commission shall be61
69+authorized to issue a dispensing license for a retail outlet to each Class 1 production62
70+licensee and each Class 2 production licensee for the purpose of establishing a retail63
71+outlet for the dispensing of low THC oil and products to registered patients at the location64
72+of the Class 1 production licensee's production facility or at the location of the Class 265
73+production licensee's production facility. The commission shall ensure that dispensing66
74+licenses shall be issued so that retail outlets are dispersed throughout the state. The67
75+commission shall develop rules and regulations regarding retail dispensing licensees in68 LC 48 0911S
7676 - 4 -
77-an independent pharmacy with a registered office located within this state to dispense low68
78-THC oil and products to registered patients. The State Board of Pharmacy shall develop69
79-rules and regulations regarding dispensing pharmacies in this state in accordance with the70
80-requirements contained in subsection (b) of this Code section.71
81-(2) The commission shall be authorized to issue five dispensing licenses to each Class72
82-1 production licensee and each Class 2 production licensee for retail outlets to dispense73
83-low THC oil and products to registered patients. In addition, the commission shall be74
84-authorized to issue a dispensing license for a retail outlet to each Class 1 production75
85-licensee and each Class 2 production licensee for the purpose of establishing a retail76
86-outlet for the dispensing of low THC oil and products to registered patients at the location77
87-of the Class 1 production licensee's production facility or at the location of the Class 278
88-production licensee's production facility. The commission shall ensure that dispensing79
89-licenses shall be issued so that retail outlets are dispersed throughout the state. The80
90-commission shall develop rules and regulations regarding retail dispensing licensees in81
91-this state in accordance with the requirements contained in subsection (b) of this Code82
92-section. The commission shall be authorized to issue one additional dispensing license83
93-to each Class 1 and Class 2 production licensee when the Low THC Oil Patient Registry84
94-established and maintained pursuant to Code Section 31-2A-18 reaches 25,000 75,00085
95-patients and for every increase of 10,000 50,000 patients thereafter.86
96-(b) The State Board of Pharmacy and the commission shall separately adopt rules relating87
97-to the dispensing of low THC oil and products, with the State Board of Pharmacy88
98-promulgating rules and regulations for pharmacies that dispense low THC oil and products89
99-and the commission promulgating rules and regulations for other retail outlets that dispense90
100-low THC oil and products. Such rules shall include but not be limited to:91
101-(1) Standards, procedures, and protocols for the effective use of low THC oil and92
102-products as authorized by state law and related rules and regulations;93 23 LC 36 5597S
77+this state in accordance with the requirements contained in subsection (b) of this Code69
78+section. The commission shall be authorized to issue one additional dispensing license70
79+to each Class 1 and Class 2 production licensee when the Low THC Oil Patient Registry71
80+established and maintained pursuant to Code Section 31-2A-18 reaches 25,000 patients72
81+and for every increase of 10,000 patients thereafter.73
82+(b) The State Board of Pharmacy and the commission shall separately adopt rules relating74
83+to the dispensing of low THC oil and products, with the State Board of Pharmacy75
84+promulgating rules and regulations for pharmacies that dispense low THC oil and products76
85+and the commission promulgating rules and regulations for other retail outlets that dispense77
86+low THC oil and products. Such rules shall include but not be limited to:78
87+(1) Standards, procedures, and protocols for the effective use of low THC oil and79
88+products as authorized by state law and related rules and regulations;80
89+(2) Standards, procedures, and protocols for the dispensing of low THC oil and products81
90+by a pharmacy with a dispensing license and by retail dispensing licensees and for the82
91+utilization of a tracking system;83
92+(3) Procedures and protocols to provide that no low THC oil or products may be sold to84
93+or transferred to a location outside of this state;85
94+(4) The establishment of standards, procedures, and protocols for determining the86
95+amount of usable low THC oil and products that is necessary to constitute an adequate87
96+supply for registered patients in this state to ensure uninterrupted availability for a period88
97+of one month, including amounts for topical treatments;89
98+(5) The establishment of standards, procedures, and protocols to ensure that all low THC90
99+oil and products dispensed are consistently pharmaceutical grade;91
100+(6) The establishment of standards and procedures for the revocation, suspension, and92
101+nonrenewal of dispensing licenses;93
102+(7) The establishment of other licensing, renewal, and operational standards which are94
103+deemed necessary by the State Board of Pharmacy and the commission;95 LC 48 0911S
103104 - 5 -
104-(2) Standards, procedures, and protocols for the dispensing of low THC oil and products94
105-by a pharmacy with a dispensing license and by retail dispensing licensees and for the95
106-utilization of a tracking system;96
107-(3) Procedures and protocols to provide that no low THC oil or products may be sold to97
108-or transferred to a location outside of this state;98
109-(4) The establishment of standards, procedures, and protocols for determining the99
110-amount of usable low THC oil and products that is necessary to constitute an adequate100
111-supply for registered patients in this state to ensure uninterrupted availability for a period101
112-of one month, including amounts for topical treatments;102
113-(5) The establishment of standards, procedures, and protocols to ensure that all low THC103
114-oil and products dispensed are consistently pharmaceutical grade;104
115-(6) The establishment of standards and procedures for the revocation, suspension, and105
116-nonrenewal of dispensing licenses;106
117-(7) The establishment of other licensing, renewal, and operational standards which are107
118-deemed necessary by the State Board of Pharmacy and the commission;108
119-(8) The establishment of standards and procedures for testing low THC oil and products109
120-for levels of tetrahydrocannabinol or other testing parameters deemed appropriate by the110
121-State Board of Pharmacy and the commission;111
122-(9) The establishment of health, safety, and security requirements for pharmacies and112
123-retail dispensing licensees dispensing low THC oil and products; and113
124-(10) Requirements for the issuance of dispensing licenses to pharmacies and Class 1 and114
125-Class 2 production licensees.115
126-(c) The commission shall be authorized, by rules and regulations, to establish fees for116
127-dispensing licenses to Class 1 and Class 2 production licensees commensurate with the117
128-location of the retail outlet and demand for low THC oil and products at such location.118
129-(d) Each dispensing location shall be authorized to sell low THC oil and products from any119
130-Class 1 or Class 2 production licensee in this state."120 23 LC 36 5597S
105+(8) The establishment of standards and procedures for testing low THC oil and products96
106+for levels of tetrahydrocannabinol or other testing parameters deemed appropriate by the97
107+State Board of Pharmacy and the commission;98
108+(9) The establishment of health, safety, and security requirements for pharmacies and99
109+retail dispensing licensees dispensing low THC oil and products; and100
110+(10) Requirements for the issuance of dispensing licenses to pharmacies and Class 1 and101
111+Class 2 production licensees.102
112+(c) The commission shall be authorized, by rules and regulations, to establish fees for103
113+dispensing licenses to Class 1 and Class 2 production licensees commensurate with the104
114+location of the retail outlet and demand for low THC oil and products at such location.105
115+(d) Each dispensing location shall be authorized to sell low THC oil and products from any106
116+Class 1 or Class 2 production licensee in this state."107
117+SECTION 4.108
118+Said article is further amended by revising Code Section 16-12-207, relating to establishment109
119+of Medical Cannabis Commission Oversight Committee, membership, inspections, provision110
120+of information, plan for accredited lab testing, and patient and physician input, as follows:111
121+"16-12-207.112
122+(a) The General Assembly shall establish a Medical Cannabis Commission Oversight113
123+Committee with two members appointed by the Lieutenant Governor and two members114
124+appointed by the Speaker of the House of Representatives. Any member of the Medical115
125+Cannabis Commission Oversight Committee shall be permitted to inspect any production116
126+facility upon request and after reasonable notice is provided to the production facility.117
127+(b) The commission shall promptly provide any document or information requested by the118
128+oversight committee that is in its possession, provided that the commission shall not be119
129+required to share documents containing data identifying individual patients or physicians,120
130+information marked as trade secrets by applicants or licensees, information that in the view121 LC 48 0911S
131131 - 6 -
132-SECTION 5.121
133-Said article is further amended by revising Code Section 16-12-207, relating to establishment122
134-of Medical Cannabis Commission Oversight Committee, membership, inspections, provision123
135-of information, plan for accredited lab testing, and patient and physician input, as follows:124
136-"16-12-207.125
137-(a) The General Assembly shall establish a Medical Cannabis Commission Oversight126
138-Committee with two members appointed by the Lieutenant Governor and two members127
139-appointed by the Speaker of the House of Representatives. Any member of the Medical128
140-Cannabis Commission Oversight Committee shall be permitted to inspect any production129
141-facility upon request and after reasonable notice is provided to the production facility.130
142-(b) The commission shall promptly provide any document or information requested by the131
143-oversight committee that is in its possession, provided that the commission shall not be132
144-required to share documents containing data identifying individual patients or physicians,133
145-information marked as trade secrets by applicants or licensees, information that in the view134
146-of the commission would interfere with an ongoing licensing applicant selection process,135
147-or information that in the judgment of the commission would create law enforcement or136
148-security risks to the citizens of Georgia any information that would be exempt from public137
149-disclosure pursuant to Code Section 50-18-72 or pursuant to state or federal privacy laws.138
150-(c) No later than August 1, 2021, the oversight committee shall recommend to the139
151-commission a process and plan for providing accredited lab testing of products produced140
152-by licensees and for labeling such products. The commission shall consider the141
153-recommendations of the oversight committee in adopting policies, procedures, and142
154-regulations regarding such testing and labeling Reserved.143
155-(d) The oversight committee may regularly seek input from patients and physicians as to144
156-the availability and quality of products produced pursuant to this chapter, and recommend145
157-to the commission changes to policies, procedures, and regulations to improve availability146 23 LC 36 5597S
132+of the commission would interfere with an ongoing licensing applicant selection process,122
133+or information that in the judgment of the commission would create law enforcement or123
134+security risks to the citizens of Georgia any information that would be exempt from public124
135+disclosure pursuant to Code Section 50-18-72 or pursuant to state or federal privacy laws.125
136+(c) No later than August 1, 2021, the oversight committee shall recommend to the126
137+commission a process and plan for providing accredited lab testing of products produced127
138+by licensees and for labeling such products. The commission shall consider the128
139+recommendations of the oversight committee in adopting policies, procedures, and129
140+regulations regarding such testing and labeling Reserved.130
141+(d) The oversight committee may regularly seek input from patients and physicians as to131
142+the availability and quality of products produced pursuant to this chapter, and recommend132
143+to the commission changes to policies, procedures, and regulations to improve availability133
144+and quality. The commission shall consider such recommendations in adopting policies,134
145+procedures, and regulations."135
146+SECTION 5.136
147+Said article is further amended by revising subsection (a) of Code Section 16-12-211, relating137
148+to Class 1 production licenses, application fees, revocation, and limitation of ownership, as138
149+follows:139
150+"(a) The commission may issue up to two initial Class 1 production licenses. The140
151+commission shall issue four additional Class 1 production licenses pursuant to subsection141
152+(a) of Code Section 16-12-221, provided that the total number of Class 1 and Class 2142
153+production licenses shall not exceed 15 production licenses. A Class 1 production licensee143
154+shall be authorized to:144
155+(1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited to145
156+100,000 square feet of cultivation space; and146
157+(2) Manufacture low THC oil and products."147 LC 48 0911S
158158 - 7 -
159-and quality. The commission shall consider such recommendations in adopting policies,147
160-procedures, and regulations."148
161-SECTION 6.149
162-Said article is further amended by revising Code Section 16-12-220, relating to confidential150
163-nature of data, exclusion, and patient privacy, as follows:151
164-"16-12-220.152
165-(a) All working papers, recorded information, documents, and copies produced by,153
166-obtained by, or disclosed to the commission pursuant to the activities conducted pursuant154
167-to this part, other than information published in an official commission report regarding the155
168-activities conducted pursuant to this article, shall be confidential data and shall not be156
169-subject to Article 4 of Chapter 18 of Title 50; provided, however, that any contract,157
170-memorandum of understanding, or cooperative endeavor agreement entered into by the158
171-commission pursuant to this article shall be subject to Article 4 of Chapter 18 of Title 50,159
172-relating to open records.160
173-(b) In no event shall the commission disclose any information that would reveal the161
174-identity or health information of any registered patient or violate the federal Health162
175-Insurance Portability and Accountability Act of 1996, Public Law 104-191."163
176-SECTION 7.164
177-Said article is further amended by revising subsection (a) of Code Section 16-12-221, relating165
178-to contracts awarded through bids or proposals, minimum contract terms and renewals,166
179-subcontracting, and giving or receiving things of value limited, as follows:167
180-"(a)(1) The commission shall grant initial licenses under this part pursuant to contracts168
181-awarded through competitive sealed bids or competitive sealed proposals as provided for169
182-in Article 3 of Chapter 5 of Title 50. After issuance of two initial Class 1 production170
183-licenses pursuant to Code Section 16-12-211 and four initial Class 2 production licenses171 23 LC 36 5597S
159+SECTION 6.148
160+Said article is further amended by revising subsection (a) of Code Section 16-12-212, relating149
161+to Class 2 production licenses, application fees, revocation, and limitation of ownership, as150
162+follows:151
163+"(a) The commission may issue up to four initial Class 2 production licenses. The152
164+commission shall issue seven additional Class 2 production licenses pursuant to subsection153
165+(a) of Code Section 16-12-221, provided that the total number of Class 1 and Class 2154
166+production licenses shall not exceed 15 production licenses. A Class 2 production licensee155
167+shall be authorized to:156
168+(1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited157
169+to 50,000 square feet of cultivation space; and158
170+(2) Manufacture low THC oil and products."159
171+SECTION 7.160
172+Said article is further amended by revising Code Section 16-12-220, relating to confidential161
173+nature of data, exclusion, and patient privacy, as follows:162
174+"16-12-220.163
175+(a) All working papers, recorded information, documents, and copies produced by,164
176+obtained by, or disclosed to the commission pursuant to the activities conducted pursuant165
177+to this part, other than information published in an official commission report regarding the166
178+activities conducted pursuant to this article, shall be confidential data and shall not be167
179+subject to Article 4 of Chapter 18 of Title 50; provided, however, that any contract,168
180+memorandum of understanding, or cooperative endeavor agreement entered into by the169
181+commission pursuant to this article shall be subject to Article 4 of Chapter 18 of Title 50,170
182+relating to open records.171 LC 48 0911S
184183 - 8 -
185-pursuant to Code Section 16-12-212, and in the Department of Agriculture shall issue one172
186-additional class 2 production license for every increase of 50,000 patients provided that173
187-the Low THC Oil Patient Registry exceeds 250,000 patients, the current production174
188-licenses are inadequate to address the registry patient demand, and the grant of such175
189-licenses is ratified by the legislature. Thereafter, the initial increase in the number of176
190-production licenses in the Low THC Oil Patient Registry shall be based on the findings177
191-of the Commissioner of the Department of Agriculture as provided in Code Section178
192-2-2-14.179
193-(2) In the event that the commission revokes a Class 1 or Class 2 production license, a180
194-Class 1 or Class 2 production license is surrendered for any reason, or the commission181
195-issues an additional Class 1 production license pursuant to Code Section 16-12-214, the182
196-commission shall be authorized to issue any replacement Class 1 or Class 2 production183
197-licenses in accordance with rules and regulations established by the commission for such184
198-purpose. Such rules and regulations shall not otherwise conflict with this article, and to185
199-the extent practicable, such rules and regulations shall incorporate provisions and186
200-processes similar to Article 3 of Chapter 5 of Title 50."187
201-SECTION 8.188
202-Said article is further amended by adding a new Code section to read as follows:189
203-"16-12-221.1.190
204-(a) The Georgia State-wide Business Court shall exercise exclusive jurisdiction over any191
205-appeal by a party aggrieved by a final decision of the commission pursuant to this article.192
206-The Georgia State-wide Business Court shall conduct expedited hearings on any such193
207-appeals, and review by the court shall be confined to the record.194
208-(b) The court shall not substitute its judgment for that of the commission as to the weight195
209-of the evidence on questions of fact committed to the discretion of the commission. The196
210-court may affirm any decision of the commission in whole or in part. The court shall197 23 LC 36 5597S
184+(b) In no event shall the commission disclose any information that would reveal the172
185+identity or health information of any registered patient or violate the federal Health173
186+Insurance Portability and Accountability Act of 1996, Public Law 104-191."174
187+SECTION 8.175
188+Said article is further amended by revising subsection (a) of Code Section 16-12-221, relating176
189+to contracts awarded through bids or proposals, minimum contract terms and renewals,177
190+subcontracting, and giving or receiving things of value limited, as follows:178
191+"(a)(1) The commission shall grant initial licenses under this part pursuant to contracts179
192+awarded through competitive sealed bids or competitive sealed proposals as provided for180
193+in Article 3 of Chapter 5 of Title 50. After issuance of two initial Class 1 production181
194+licenses pursuant to Code Section 16-12-211 and four initial Class 2 production licenses182
195+pursuant to Code Section 16-12-212, and in the commission shall issue one additional183
196+Class 2 production license for every increase of 5,000 patients in the Low THC Oil184
197+Patient Registry established and maintained pursuant to Code Section 31-2A-18 and one185
198+additional Class 1 production license for every increase of 10,000 patients in the Low186
199+THC Oil Patient Registry, subject to the overall limit of total number of Class 1 and Class187
200+2 production licenses contained in Code Sections 16-12-211 and 16-12-212. The initial188
201+increase in the number of patients in the Low THC Oil Patient Registry shall be based on189
202+the number of patients in the registry as of January 1, 2023.190
203+(2) In the event that the commission revokes a Class 1 or Class 2 production license, a191
204+Class 1 or Class 2 production license is surrendered for any reason, or the commission192
205+issues an additional Class 1 production license pursuant to Code Section 16-12-214, the193
206+commission shall be authorized to issue any replacement Class 1 or Class 2 production194
207+licenses in accordance with rules and regulations established by the commission for such195
208+purpose. Such rules and regulations shall not otherwise conflict with this article, and to196 LC 48 0911S
211209 - 9 -
212-reverse or remand any case for further proceedings if material rights of the appellant have198
213-been prejudiced because the commission's findings, inferences, conclusions, or decisions199
214-are:200
215-(1) In violation of constitutional or statutory provisions or applicable procurement rules;201
216-(2) Made upon unlawful procedures;202
217-(3) Affected by other error of law;203
218-(4) Not reasonably supported by substantial evidence in view of the reliable and204
219-probative evidence in the record as a whole; or205
220-(5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted206
221-exercise of discretion."207
222-SECTION 9.208
223-Said article is further amended by revising subsection (c) of Code Section 16-12-222, relating209
224-to transfer of ownership, appeals, meaning of license, and transfer fees, as follows:210
225-"(c) A licensee who has been denied transfer approval by the commission may file an211
226-appeal in the Superior Court of Fulton County in accordance with Chapter 13 of Title 50,212
227-the 'Georgia Administrative Procedure Act.' with the Georgia State-wide Business Court213
228-in accordance with Code Section 16-12-221.1."214
229-SECTION 10.215
230-Said article is further amended by revising subsection (b) of Code Section 16-12-223,216
231-relating to revocation of license and appeal, as follows:217
232-"(b) A licensee whose license has been revoked by the commission may file an appeal in218
233-the Superior Court of Fulton County in accordance with Chapter 13 of Title 50, the219
234-'Georgia Administrative Procedure Act.' with the Georgia State-wide Business Court in220
235-accordance with Code Section 16-12-221.1."221 23 LC 36 5597S
210+the extent practicable, such rules and regulations shall incorporate provisions and197
211+processes similar to Article 3 of Chapter 5 of Title 50."198
212+SECTION 9.199
213+Said article is further amended by adding a new Code section to read as follows:200
214+"16-12-221.1.201
215+(a) The Georgia State-wide Business Court shall exercise exclusive jurisdiction over any202
216+appeal by a party aggrieved by a final decision of the commission pursuant to this article.203
217+The Georgia State-wide Business Court shall conduct expedited hearings on any such204
218+appeals, and review by the court shall be confined to the record.205
219+(b) The court shall not substitute its judgment for that of the commission as to the weight206
220+of the evidence on questions of fact committed to the discretion of the commission. The207
221+court may affirm any decision of the commission in whole or in part. The court shall208
222+reverse or remand any case for further proceedings if material rights of the appellant have209
223+been prejudiced because the commission's findings, inferences, conclusions, or decisions210
224+are:211
225+(1) In violation of constitutional or statutory provisions or applicable procurement rules;212
226+(2) Made upon unlawful procedures;213
227+(3) Affected by other error of law;214
228+(4) Not reasonably supported by substantial evidence in view of the reliable and215
229+probative evidence in the record as a whole; or216
230+(5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted217
231+exercise of discretion.218
232+(c) The court shall require a litigation bond or other form of surety payable to the state219
233+from any protesting party in an amount determined by the court, which shall be forfeited220
234+if the court affirms, in whole, the decision of the commission."221 LC 48 0911S
236235 - 10 -
237-SECTION 11.222
238-Said article is further amended by revising Code Section 16-12-224, relating to limitation on223
239-ownership by member or former member of commission, limitation on physician's224
240-involvement, and identification when contributing to political campaigns, as follows:225
241-"16-12-224.226
242-(a) No current member of the commission, or former member of the commission for a227
243-period of five years from the date such individual ceased to be a member, shall own,228
244-operate, have a financial interest in, or be employed by a low THC oil or product229
245-manufacturer or distributor, including any licensee under this part.230
246-(b) No physician who, presently or during the period of such business relationship,231
247-certifies individuals to the commission pursuant to Code Section 31-2A-18 for the use of232
248-low THC oil and products to treat certain conditions shall own, operate, have a financial233
249-interest in, or be employed by a low THC oil or product manufacturer or distributor,234
250-including any licensee under this part. This subsection shall not prohibit a physician from235
251-furnishing a registered patient or his or her caregiver, upon request, with the names of low236
252-THC oil and product manufacturers or distributors. Any physician violating this Code237
253-section shall be guilty of a misdemeanor.238
254-(c) Each member of the commission shall file an annual financial disclosure statement for239
255-the preceding calendar year with the Office of Inspector General no later than July 1 of240
256-each year. Such financial disclosure shall include ownership interests in businesses,241
257-income, and source or sources of income for the previous calendar year. For any242
258-commissioner serving as of May 1, 2023, such disclosure for the 2022 calendar year shall243
259-be filed with the Office of Inspector General no later than May 31, 2023.244
260-(c)(d) A licensee that makes a campaign contribution pursuant to Article 2 of Chapter 5245
261-of Title 21 shall identify itself as a licensee under this part to the recipient of such246
262-campaign contribution."247 23 LC 36 5597S
236+SECTION 10.222
237+Said article is further amended by revising subsection (c) of Code Section 16-12-222, relating223
238+to transfer of ownership, appeals, meaning of license, and transfer fees, as follows:224
239+"(c) A licensee who has been denied transfer approval by the commission may file an225
240+appeal with the Georgia State-wide Business Court in accordance with Code Section226
241+16-12-221.1. in the Superior Court of Fulton County in accordance with Chapter 13 of227
242+Title 50, the 'Georgia Administrative Procedure Act.'"228
243+SECTION 11.229
244+Said article is further amended by revising subsection (b) of Code Section 16-12-223,230
245+relating to revocation of license and appeal, as follows:231
246+"(b) A licensee whose license has been revoked by the commission may file an appeal with232
247+the Georgia State-wide Business Court in accordance with Code Section 16-12-221.1. in233
248+the Superior Court of Fulton County in accordance with Chapter 13 of Title 50, the234
249+'Georgia Administrative Procedure Act.'"235
250+SECTION 12.236
251+Said article is further amended by revising Code Section 16-12-224, relating to limitation on237
252+ownership by member or former member of commission, limitation on physician's238
253+involvement, and identification when contributing to political campaigns, as follows:239
254+"16-12-224.240
255+(a) No current member of the commission, or former member of the commission for a241
256+period of five years from the date such individual ceased to be a member, shall own,242
257+operate, have a financial interest in, or be employed by a low THC oil or product243
258+manufacturer or distributor, including any licensee under this part.244
259+(b) No physician who, presently or during the period of such business relationship,245
260+certifies individuals to the commission pursuant to Code Section 31-2A-18 for the use of246 LC 48 0911S
263261 - 11 -
264-SECTION 12.248
265-Code Section 31-2A-18 of the Official Code of Georgia Annotated, relating to the Low THC249
266-Oil Patient Registry, is amended by revising paragraph (3) of subsection (a) as follows:250
267-"(3) 'Condition' means:251
268-(A) Cancer, when such disease is diagnosed as end stage or the treatment produces252
269-related wasting illness or recalcitrant nausea and vomiting;253
270-(B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end254
271-stage;255
272-(C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;256
273-(D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;257
274-(E) Crohn's disease;258
275-(F) Mitochondrial disease;259
276-(G) Parkinson's disease, when such disease is diagnosed as severe or end stage;260
277-(H) Sickle cell disease, when such disease is diagnosed as severe or end stage;261
278-(I) Tourette's syndrome, when such syndrome is diagnosed as severe;262
279-(J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at263
280-least 18 years of age, or severe autism, when diagnosed for a patient who is less than264
281-18 years of age;265
282-(K) Epidermolysis bullosa;266
283-(L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;267
284-(M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as268
285-severe or end stage;269
286-(N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;270
287-(O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing271
288-of a trauma for a patient who is at least 18 years of age; or272
289-(P) Intractable pain;273
290-(Q) Ulcerative colitis; or274 23 LC 36 5597S
262+low THC oil and products to treat certain conditions shall own, operate, have a financial247
263+interest in, or be employed by a low THC oil or product manufacturer or distributor,248
264+including any licensee under this part. This subsection shall not prohibit a physician from249
265+furnishing a registered patient or his or her caregiver, upon request, with the names of low250
266+THC oil and product manufacturers or distributors. Any physician violating this Code251
267+section shall be guilty of a misdemeanor.252
268+(c) Each member of the commission shall file an annual financial disclosure statement for253
269+the preceding calendar year with the Office of Inspector General no later than July 1 of254
270+each year. Such financial disclosure shall include ownership interests in businesses,255
271+income, and source or sources of income for the previous calendar year. For any256
272+commissioner serving as of May 1, 2023, such disclosure for the 2022 calendar year shall257
273+be filed with the Office of Inspector General no later than May 31, 2023.258
274+(c)(d) A licensee that makes a campaign contribution pursuant to Article 2 of Chapter 5259
275+of Title 21 shall identify itself as a licensee under this part to the recipient of such260
276+campaign contribution."261
277+SECTION 13.262
278+Code Section 31-2A-18 of the Official Code of Georgia Annotated, relating to the Low THC263
279+Oil Patient Registry, is amended by revising paragraph (3) of subsection (a) as follows:264
280+"(3) 'Condition' means:265
281+(A) Cancer, when such disease is diagnosed as end stage or the treatment produces266
282+related wasting illness or recalcitrant nausea and vomiting;267
283+(B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end268
284+stage;269
285+(C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;270
286+(D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;271
287+(E) Crohn's disease;272 LC 48 0911S
291288 - 12 -
292-(R) Myasthenia Gravis."275
293-SECTION 13.276
294-This Act shall become effective upon its approval by the Governor or upon its becoming law277
295-without such approval.278
296-SECTION 14.279
297-All laws and parts of laws in conflict with this Act are repealed.280
289+(F) Mitochondrial disease;273
290+(G) Parkinson's disease, when such disease is diagnosed as severe or end stage;274
291+(H) Sickle cell disease, when such disease is diagnosed as severe or end stage;275
292+(I) Tourette's syndrome, when such syndrome is diagnosed as severe;276
293+(J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at277
294+least 18 years of age, or severe autism, when diagnosed for a patient who is less than278
295+18 years of age;279
296+(K) Epidermolysis bullosa;280
297+(L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;281
298+(M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as282
299+severe or end stage;283
300+(N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;284
301+(O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing285
302+of a trauma for a patient who is at least 18 years of age; or286
303+(P) Intractable pain;287
304+(Q) Ulcerative colitis; or288
305+(R) Myasthenia Gravis."289
306+SECTION 14.290
307+This Act shall become effective upon its approval by the Governor or upon its becoming law291
308+without such approval.292
309+SECTION 15.293
310+All laws and parts of laws in conflict with this Act are repealed.294