| 1 | 1 | | 23 LC 33 9312 |
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| 2 | 2 | | H. B. 337 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 337 |
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| 5 | 5 | | By: Representatives Marin of the 96 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Willis of the 55 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Schofield of the 63 |
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| 10 | 10 | | rd |
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| 11 | 11 | | , Davis of the |
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| 12 | 12 | | 87 |
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| 13 | 13 | | th |
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| 14 | 14 | | , Beverly of the 143 |
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| 15 | 15 | | rd |
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| 16 | 16 | | , and others |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend Chapter 11 of Title 2, Chapter 12 of Title 16, Article 1 of Chapter 2A of Title 31, |
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| 20 | 20 | | 1 |
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| 21 | 21 | | and Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to seeds and2 |
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| 22 | 22 | | plants generally, offenses against public health and morals, general provisions relative to the3 |
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| 23 | 23 | | Department of Public Health, and general provisions relative to torts, respectively, so as to4 |
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| 24 | 24 | | authorize the use, production, manufacturing, and dispensing of medical marijuana in this5 |
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| 25 | 25 | | state; to provide for the medical conditions for which medical marijuana may be prescribed6 |
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| 26 | 26 | | and used; to provide for conforming changes; to provide for related matters; to repeal7 |
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| 27 | 27 | | conflicting laws; and for other purposes.8 |
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| 28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 29 | 29 | | SECTION 1.10 |
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| 30 | 30 | | Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants11 |
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| 31 | 31 | | generally, is amended by revising Code Section 2-11-36, relating to seeds used in production12 |
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| 32 | 32 | | of low THC oil, as follows:13 |
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| 33 | 33 | | "2-11-36.14 |
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| 34 | 34 | | This article shall not apply to seeds used for the production of low THC oil |
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| 35 | 35 | | medical15 |
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| 36 | 36 | | marijuana in accordance with Article 9 of Chapter 12 of Title 16 and no person shall be16 23 LC 33 9312 |
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| 37 | 37 | | H. B. 337 |
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| 38 | 38 | | - 2 - |
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| 39 | 39 | | subject to regulation or penalties pursuant to this article for growing, selling, offering for |
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| 40 | 40 | | 17 |
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| 41 | 41 | | sale, exposing for sale, or transporting in this state any seed used for the lawful production18 |
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| 42 | 42 | | of low THC oil |
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| 43 | 43 | | medical marijuana pursuant to Article 9 of Chapter 12 of Title 16."19 |
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| 44 | 44 | | SECTION 2.20 |
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| 45 | 45 | | Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against21 |
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| 46 | 46 | | public health and morals, is amended by revising Code Section 16-12-190, relating to22 |
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| 47 | 47 | | definitions relative to regulation of low THC oil, as follows:23 |
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| 48 | 48 | | "16-12-190.24 |
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| 49 | 49 | | As used in this article, the term 'low THC oil' means an oil that contains an amount of25 |
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| 50 | 50 | | cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol,26 |
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| 51 | 51 | | tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and27 |
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| 52 | 52 | | tetrahydrocannabinolic acid which does not contain plant material exhibiting the external28 |
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| 53 | 53 | | morphological features of the plant of the genus Cannabis. Such term shall not mean29 |
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| 54 | 54 | | products approved by the federal Food and Drug Administration under Section 505 of the30 |
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| 55 | 55 | | federal Food, Drug, and Cosmetic Act 'medical marijuana' means all parts of the plant of31 |
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| 56 | 56 | | the genus Cannabis, whether growing or not, the seed thereof, the resin extracted from any32 |
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| 57 | 57 | | part of such plant, and every compound, manufacture, salt, derivative, mixture, or33 |
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| 58 | 58 | | preparation of such plant, its seed, or resin that has been converted into a liquid or solid34 |
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| 59 | 59 | | substance."35 |
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| 60 | 60 | | SECTION 3.36 |
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| 61 | 61 | | Said title is further amended by revising Code Section 16-12-191, relating to possession,37 |
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| 62 | 62 | | manufacture, distribution, or sale of low THC oil and penalties, as follows:38 |
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| 63 | 63 | | "16-12-191.39 |
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| 64 | 64 | | (a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any40 |
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| 65 | 65 | | person to possess, purchase, or have under his or her control 20 fluid ounces or less of41 23 LC 33 9312 |
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| 66 | 66 | | H. B. 337 |
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| 67 | 67 | | - 3 - |
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| 68 | 68 | | low THC oil medical marijuana if such substance is in a pharmaceutical container labeled42 |
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| 69 | 69 | | by the manufacturer indicating the percentage of tetrahydrocannabinol therein and:43 |
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| 70 | 70 | | (A) Such person is registered with the Department of Public Health as set forth in Code44 |
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| 71 | 71 | | Section 31-2A-18 and has in his or her possession a registration card issued by the45 |
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| 72 | 72 | | Department of Public Health; or46 |
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| 73 | 73 | | (B) Such person has in his or her possession a registration card issued by another state47 |
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| 74 | 74 | | that allows the same possession of low THC oil medical marijuana as provided by this48 |
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| 75 | 75 | | state's law; provided, however, that such registration card shall not be lawful authority49 |
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| 76 | 76 | | when such person has been present in this state for 45 days or more.50 |
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| 77 | 77 | | (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses,51 |
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| 78 | 78 | | purchases, or has under his or her control 20 fluid ounces or less of low THC oil medical52 |
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| 79 | 79 | | marijuana without complying with paragraph (1) of this subsection shall be punished as53 |
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| 80 | 80 | | for a misdemeanor.54 |
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| 81 | 81 | | (b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any55 |
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| 82 | 82 | | person to possess, purchase, or have under his or her control 20 fluid ounces or less of56 |
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| 83 | 83 | | low THC oil medical marijuana if:57 |
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| 84 | 84 | | (A) Such person is involved in a clinical research program being conducted by the58 |
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| 85 | 85 | | Board of Regents of the University System of Georgia or any authorized clinical trial59 |
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| 86 | 86 | | or research study in this state or their authorized agent as:60 |
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| 87 | 87 | | (i) A program participant;61 |
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| 88 | 88 | | (ii) A parent, guardian, or legal custodian of a program participant;62 |
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| 89 | 89 | | (iii) A designated An employee of the board of regents designated to participate in63 |
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| 90 | 90 | | the research program;64 |
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| 91 | 91 | | (iv) An A program agent;65 |
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| 92 | 92 | | (v) A program collaborator and their its designated employees;66 |
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| 93 | 93 | | (vi) A program supplier and their its designated employees;67 |
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| 94 | 94 | | (vii) A program physician;68 23 LC 33 9312 |
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| 95 | 95 | | H. B. 337 |
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| 96 | 96 | | - 4 - |
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| 97 | 97 | | (viii) A program clinical researcher;69 |
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| 98 | 98 | | (ix) Pharmacy Program pharmacy personnel; or70 |
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| 99 | 99 | | (x) Other program medical personnel; and71 |
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| 100 | 100 | | (B) Such substance is in a pharmaceutical container labeled by the manufacturer72 |
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| 101 | 101 | | indicating the percentage of tetrahydrocannabinol therein.73 |
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| 102 | 102 | | (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses,74 |
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| 103 | 103 | | purchases, or has under his or her control 20 fluid ounces or less of low THC oil medical75 |
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| 104 | 104 | | marijuana without complying with subparagraphs (A), (B), and (C) of paragraph (1) of76 |
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| 105 | 105 | | this subsection shall be punished as for a misdemeanor.77 |
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| 106 | 106 | | (c) Notwithstanding any provision of Chapter 13 of this title, any person having possession78 |
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| 107 | 107 | | of, purchasing, or having under his or her control more than 20 fluid ounces of low THC79 |
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| 108 | 108 | | oil but less than 160 fluid ounces of low THC oil or who manufactures, distributes,80 |
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| 109 | 109 | | dispenses, sells, purchases, or possesses with the intent to distribute low THC oil shall be81 |
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| 110 | 110 | | guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not82 |
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| 111 | 111 | | less than one year nor more than ten years, a fine not to exceed $50,000.00, or both.83 |
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| 112 | 112 | | (d) Notwithstanding any provision of Chapter 13 of this title, any person who sells,84 |
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| 113 | 113 | | manufactures, delivers, brings into this state, purchases, or has possession of 160 or more85 |
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| 114 | 114 | | fluid ounces of low THC oil shall be guilty of the felony offense of trafficking in low THC86 |
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| 115 | 115 | | oil and, upon conviction thereof, shall be punished as follows:87 |
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| 116 | 116 | | (1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid88 |
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| 117 | 117 | | ounces, by imprisonment for not less than five years nor more than ten years and a fine89 |
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| 118 | 118 | | not to exceed $100,000.00;90 |
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| 119 | 119 | | (2) If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,00091 |
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| 120 | 120 | | fluid ounces, by imprisonment for not less than seven years nor more than 15 years and92 |
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| 121 | 121 | | a fine not to exceed $250,000.00; and93 |
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| 122 | 122 | | (3) If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for94 |
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| 123 | 123 | | not less than ten years nor more than 20 years and a fine not to exceed $1 million.95 23 LC 33 9312 |
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| 124 | 124 | | H. B. 337 |
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| 125 | 125 | | - 5 - |
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| 126 | 126 | | (e) Subsections (c) and (d) of this Code section shall not apply to a person involved in a96 |
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| 127 | 127 | | research program being conducted by the Board of Regents of the University System of97 |
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| 128 | 128 | | Georgia or its authorized agent as an employee of the board of regents designated to98 |
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| 129 | 129 | | participate in such program, a program agent, a program collaborator and their designated99 |
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| 130 | 130 | | employees, a program supplier and their designated employees, a physician, clinical100 |
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| 131 | 131 | | researcher, pharmacy personnel, or other medical personnel.101 |
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| 132 | 132 | | (f) Subsections (c) and (d) of this Code section shall not apply to a designated university,102 |
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| 133 | 133 | | pharmacy, or licensee under Article 9 of Chapter 12 of Title 16, provided that such103 |
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| 134 | 134 | | possession, purchase, control, sale, manufacturing, distribution, or dispensing is solely104 |
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| 135 | 135 | | conducted in accordance with the provisions of Article 9 of Chapter 12 of Title 16.105 |
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| 136 | 136 | | (g)(c) Nothing in this article shall require an employer to permit or accommodate the use,106 |
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| 137 | 137 | | consumption, possession, transfer, display, transportation, purchase, sale, or growing of107 |
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| 138 | 138 | | marijuana in any form, or to affect the ability of an employer to have a written zero108 |
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| 139 | 139 | | tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any109 |
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| 140 | 140 | | employee from having a detectable amount of marijuana in such employee's system while110 |
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| 141 | 141 | | at work."111 |
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| 142 | 142 | | SECTION 4.112 |
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| 143 | 143 | | Said title is further amended by revising Code Section 16-12-200, relating to definitions113 |
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| 144 | 144 | | relative to access to medical cannabis, as follows:114 |
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| 145 | 145 | | "16-12-200.115 |
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| 146 | 146 | | As used in this article, the term:116 |
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| 147 | 147 | | (1) 'Applicant' means a corporate entity applying for a license pursuant to this article.117 |
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| 148 | 148 | | (2) 'Available capital' means corporate assets that are available to fund business118 |
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| 149 | 149 | | operations in the event a license is awarded pursuant to Part 2 of this article.119 |
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| 150 | 150 | | (3) 'Class 1 production license' means a license to produce and manufacture low THC120 |
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| 151 | 151 | | oil medical marijuana and products issued pursuant to Code Section 16-12-211.121 23 LC 33 9312 |
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| 152 | 152 | | H. B. 337 |
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| 153 | 153 | | - 6 - |
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| 154 | 154 | | (4) 'Class 2 production license' means a license to produce and manufacture low THC122 |
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| 155 | 155 | | oil medical marijuana and products issued pursuant to Code Section 16-12-212.123 |
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| 156 | 156 | | (5) 'Commission' means the Georgia Access to Medical Cannabis Commission created124 |
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| 157 | 157 | | pursuant to Code Section 16-12-202.125 |
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| 158 | 158 | | (6) 'Designated universities' means the University of Georgia and Fort Valley State126 |
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| 159 | 159 | | University, and also includes any other research institution or institution classified as a127 |
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| 160 | 160 | | historically black college or university in this state.128 |
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| 161 | 161 | | (7) 'Designated university license' means a license issued by the commission pursuant129 |
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| 162 | 162 | | to this article to a designated university to, separately individually or jointly, produce,130 |
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| 163 | 163 | | manufacture, and or purchase, or any combination thereof, low THC oil medical131 |
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| 164 | 164 | | marijuana and products in accordance with this article.132 |
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| 165 | 165 | | (8) 'Dispense' means the sale or provision of low THC oil medical marijuana and133 |
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| 166 | 166 | | products to registered patients by a dispensing licensee.134 |
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| 167 | 167 | | (9) 'Dispensing license' means a specialty license issued by the State Board of Pharmacy135 |
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| 168 | 168 | | or the commission pursuant to Code Section 16-12-206 to dispense low THC oil medical136 |
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| 169 | 169 | | marijuana and products to registered patients.137 |
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| 170 | 170 | | (10) 'Grow' means cultivating and harvesting cannabis for use in producing low THC oil138 |
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| 171 | 171 | | medical marijuana and products.139 |
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| 172 | 172 | | (11) 'Licensee' means any business, or owner of such business, with a valid license140 |
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| 173 | 173 | | issued pursuant to this article.141 |
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| 174 | 174 | | (12) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12-190.142 |
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| 175 | 175 | | (13)(12) 'Manufacture' means to process cannabis to produce low THC oil medical143 |
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| 176 | 176 | | marijuana and products.144 |
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| 177 | 177 | | (13) 'Medical marijuana' shall have the same meaning as set forth in Code Section145 |
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| 178 | 178 | | 16-12-190.146 |
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| 179 | 179 | | (14) 'Owner' means any person who directly or indirectly owns, actually or beneficially,147 |
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| 180 | 180 | | or controls 5 percent or greater of interests of the applicant or any licensee. In the event148 23 LC 33 9312 |
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| 181 | 181 | | H. B. 337 |
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| 182 | 182 | | - 7 - |
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| 183 | 183 | | that one person owns a beneficial right to interests and another person holds the voting |
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| 184 | 184 | | 149 |
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| 185 | 185 | | rights with respect to such interests, then both shall be considered an owner of such150 |
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| 186 | 186 | | interests.151 |
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| 187 | 187 | | (15) 'Product' means low THC oil |
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| 188 | 188 | | medical marijuana delivered through an oil, tincture,152 |
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| 189 | 189 | | transdermal patch, lotion, or capsule, except as prohibited by Code Section 16-12-234,153 |
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| 190 | 190 | | but not including any food products infused with low THC oil medical marijuana,154 |
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| 191 | 191 | | including, but not limited to, cookies, candies, or edibles.155 |
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| 192 | 192 | | (16) 'Registered patient' means an individual who is legally authorized to possess and use156 |
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| 193 | 193 | | low THC oil medical marijuana and products pursuant to Code Section 31-2A-18.157 |
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| 194 | 194 | | (17) 'Tracking system' means a seed-to-sale tracking system to track marijuana that is158 |
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| 195 | 195 | | grown, processed, manufactured, transferred, stored, or disposed of and low THC oil159 |
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| 196 | 196 | | medical marijuana and products that are transferred, stored, sold, dispensed, or disposed160 |
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| 197 | 197 | | of pursuant to this article."161 |
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| 198 | 198 | | SECTION 5.162 |
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| 199 | 199 | | Said chapter is further amended by replacing "low THC oil", "Low THC oil", and "Low THC163 |
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| 200 | 200 | | Oil" with "medical marijuana", "Medical marijuana", and "Medical Marijuana", respectively,164 |
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| 201 | 201 | | wherever the former terms occur in:165 |
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| 202 | 202 | | (1) Code Section 16-12-201, relating to prohibition against producing, growing,166 |
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| 203 | 203 | | manufacturing, or dispensing low THC oil or products;167 |
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| 204 | 204 | | (2) Code Section 16-12-203, relating to powers, duties and responsibilities;168 |
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| 205 | 205 | | (3) Code Section 16-12-204, relating to issuance of nontransferable designated university169 |
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| 206 | 206 | | licenses for production of low THC oil, research on therapeutic use, reporting, collected170 |
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| 207 | 207 | | information, and license revocation;171 |
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| 208 | 208 | | (4) Code Section 16-12-206, relating to annual, nontransferable dispensing license, and172 |
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| 209 | 209 | | adoption of rules;173 23 LC 33 9312 |
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| 210 | 210 | | H. B. 337 |
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| 211 | 211 | | - 8 - |
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| 212 | 212 | | (5) Code Section 16-12-210, relating to powers, duties, and responsibilities of Commission, |
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| 213 | 213 | | 174 |
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| 214 | 214 | | no undue burden on patients, and remission of fees;175 |
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| 215 | 215 | | (6) Code Section 16-12-211, relating to Class 1 production licenses, application fee,176 |
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| 216 | 216 | | revocation, limitation on ownership, and replacement license;177 |
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| 217 | 217 | | (7) Code Section 16-12-212, relating to Class 2 production licenses, application fees,178 |
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| 218 | 218 | | revocation, limitation on ownership, and replacement license;179 |
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| 219 | 219 | | (8) Code Section 16-12-213, relating to tracking systems required;180 |
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| 220 | 220 | | (9) Code Section 16-12-215, relating to limitation on locations, advertising or marketing181 |
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| 221 | 221 | | prohibited, and information available to physicians;182 |
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| 222 | 222 | | (10) Code Section 16-12-216, relating to Bureau of Investigation ensures compliance;183 |
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| 223 | 223 | | (11) Code Section 16-12-217, relating to on-demand access to facilities, provision of184 |
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| 224 | 224 | | samples, testing, and secured transportation;185 |
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| 225 | 225 | | (12) Code Section 16-12-224, relating to limitation on ownership by member or former186 |
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| 226 | 226 | | member of commission, limitation on physician's involvement, and identification when187 |
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| 227 | 227 | | contributing to political campaigns;188 |
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| 228 | 228 | | (13) Code Section 16-12-225, relating to criminal offenses and penalty;189 |
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| 229 | 229 | | (14) Code Section 16-12-226, relating to sales and use taxes applicable;190 |
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| 230 | 230 | | (15) Code Section 16-12-230, relating to requirements for dispensing low THC oil;191 |
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| 231 | 231 | | (16) Code Section 16-12-231, relating to exemptions from arrest and prosecutions or192 |
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| 232 | 232 | | penalty;193 |
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| 233 | 233 | | (17) Code Section 16-12-233, relating to contracts not against public policy;194 |
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| 234 | 234 | | (18) Code Section 16-12-234, relating to unlawful ways to ingest low THC oil; and195 |
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| 235 | 235 | | (19) Code Section 16-12-235, relating to research in compliance with federal regulations and196 |
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| 236 | 236 | | other research permitted.197 23 LC 33 9312 |
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| 237 | 237 | | H. B. 337 |
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| 238 | 238 | | - 9 - |
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| 239 | 239 | | SECTION 6. |
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| 240 | 240 | | 198 |
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| 241 | 241 | | Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to199 |
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| 242 | 242 | | general provisions relative to the Department of Public Health, is amended by revising Code200 |
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| 243 | 243 | | Section 31-2A-18, relating to establishment of the Low THC Oil Patient Registry, as follows:201 |
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| 244 | 244 | | "31-2A-18.202 |
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| 245 | 245 | | (a) As used in this Code section, the term:203 |
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| 246 | 246 | | (1) 'Board' means the Georgia Composite Medical Board.204 |
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| 247 | 247 | | (2) 'Caregiver' means the parent, guardian, or legal custodian of an individual who is less205 |
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| 248 | 248 | | than 18 years of age or the legal guardian of an adult.206 |
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| 249 | 249 | | (3) 'Condition' means:207 |
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| 250 | 250 | | (A) Cancer, when such disease is diagnosed as end stage or the treatment produces |
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| 251 | 251 | | 208 |
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| 252 | 252 | | related wasting illness or recalcitrant nausea and vomiting;209 |
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| 253 | 253 | | (B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end210 |
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| 254 | 254 | | stage;211 |
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| 255 | 255 | | (C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;212 |
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| 256 | 256 | | (D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;213 |
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| 257 | 257 | | (E) Crohn's disease;214 |
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| 258 | 258 | | (F) Mitochondrial disease;215 |
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| 259 | 259 | | (G) Parkinson's disease, when such disease is diagnosed as severe or end stage;216 |
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| 260 | 260 | | (H) Sickle cell disease, when such disease is diagnosed as severe or end stage;217 |
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| 261 | 261 | | (I) Tourette's syndrome, when such syndrome is diagnosed as severe;218 |
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| 262 | 262 | | (J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at219 |
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| 263 | 263 | | least 18 years of age, or severe autism, when diagnosed for a patient who is less than220 |
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| 264 | 264 | | 18 years of age;221 |
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| 265 | 265 | | (K) Epidermolysis bullosa;222 |
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| 266 | 266 | | (L) Alzheimer's disease or dementia, when such disease is diagnosed as severe or end223 |
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| 267 | 267 | | stage;224 23 LC 33 9312 |
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| 268 | 268 | | H. B. 337 |
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| 269 | 269 | | - 10 - |
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| 270 | 270 | | (M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as225 |
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| 271 | 271 | | severe or end stage;226 |
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| 272 | 272 | | (N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;227 |
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| 273 | 273 | | (O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing228 |
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| 274 | 274 | | of a trauma for a patient who is at least 18 years of age; or229 |
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| 275 | 275 | | (P) Intractable pain;230 |
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| 276 | 276 | | (Q) Ulcerative colitis;231 |
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| 277 | 277 | | (R) Lupus;232 |
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| 278 | 278 | | (S) Glaucoma;233 |
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| 279 | 279 | | (T) Hepatitis C;234 |
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| 280 | 280 | | (U) Fibromyalgia;235 |
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| 281 | 281 | | (V) Severe arthritis;236 |
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| 282 | 282 | | (W) Rheumatoid arthritis;237 |
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| 283 | 283 | | (X) Cerebral palsy;238 |
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| 284 | 284 | | (Y) Anorexia;239 |
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| 285 | 285 | | (Z) Cachexia; or240 |
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| 286 | 286 | | (AA) Huntington's disease.241 |
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| 287 | 287 | | (4) 'Department' means the Department of Public Health.242 |
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| 288 | 288 | | (5) 'Intractable pain' means pain that has a cause that cannot be removed and for which,243 |
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| 289 | 289 | | according to generally accepted medical practice, the full range of pain management244 |
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| 290 | 290 | | modalities appropriate for the patient has been used for a period of at least six months245 |
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| 291 | 291 | | without adequate results or with intolerable side effects.246 |
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| 292 | 292 | | (6) 'Low THC oil Medical marijuana' shall have the same meaning as set forth in Code247 |
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| 293 | 293 | | Section 16-12-190.248 |
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| 294 | 294 | | (7) 'Physician' means an individual licensed to practice medicine pursuant to Article 2249 |
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| 295 | 295 | | of Chapter 34 of Title 43.250 |
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| 296 | 296 | | (8) 'Registry' means the Low THC Oil Medical Marijuana Patient Registry.251 23 LC 33 9312 |
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| 297 | 297 | | H. B. 337 |
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| 298 | 298 | | - 11 - |
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| 299 | 299 | | (b) There is established within the department the Low THC Oil Medical Marijuana252 |
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| 300 | 300 | | Patient Registry.253 |
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| 301 | 301 | | (c) The purpose of the registry is to provide a registration of individuals and caregivers254 |
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| 302 | 302 | | who have been issued registration cards. The department shall establish procedures and255 |
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| 303 | 303 | | promulgate rules and regulations for the establishment and operation of the registration256 |
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| 304 | 304 | | process and dispensing of registry cards to individuals and caregivers.257 |
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| 305 | 305 | | (d) The department shall issue a registration card to individuals who have any individual258 |
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| 306 | 306 | | who has been certified to the department by his or her physician as being diagnosed with259 |
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| 307 | 307 | | a condition or is an inpatient or outpatient in a hospice program and have has been260 |
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| 308 | 308 | | authorized by such physician to use low THC oil medical marijuana as treatment. The261 |
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| 309 | 309 | | department shall issue a registration card to a caregiver when the circumstances warrant262 |
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| 310 | 310 | | the issuance of such card. The board shall establish procedures and promulgate rules and263 |
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| 311 | 311 | | regulations to assist physicians in providing required uniform information relating to264 |
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| 312 | 312 | | certification and any other matter relating to the issuance of certifications. In promulgating265 |
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| 313 | 313 | | such rules and regulations, the board shall require that physicians have a doctor-patient266 |
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| 314 | 314 | | relationship when certifying an individual as needing low THC oil medical marijuana and267 |
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| 315 | 315 | | physicians shall be required to be treating such individual for the specific condition268 |
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| 316 | 316 | | requiring such treatment or be treating such individual in a hospice program. A physician269 |
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| 317 | 317 | | shall seek and review information about a patient from the prescription drug monitoring270 |
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| 318 | 318 | | program data base established pursuant to Code Section 16-13-57 prior to certifying such271 |
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| 319 | 319 | | patient to the department as being diagnosed with a specific condition that requires the use272 |
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| 320 | 320 | | of low THC oil medical marijuana as treatment.273 |
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| 321 | 321 | | (e) The board shall require physicians to issue semiannual reports to the board. Such274 |
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| 322 | 322 | | reports shall require physicians to provide information, including, but not limited to,275 |
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| 323 | 323 | | dosages recommended for a particular condition, patient clinical responses, levels of276 |
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| 324 | 324 | | tetrahydrocannabinol or tetrahydrocannabinolic acid present in test results, compliance,277 |
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| 325 | 325 | | responses to treatment, side effects, and drug interactions. Such reports shall be used for278 23 LC 33 9312 |
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| 326 | 326 | | H. B. 337 |
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| 327 | 327 | | - 12 - |
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| 328 | 328 | | research purposes to determine the efficacy of the use of low THC oil medical marijuana279 |
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| 329 | 329 | | as a treatment for conditions.280 |
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| 330 | 330 | | (f) Information received and records kept by the department for purposes of administering281 |
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| 331 | 331 | | this Code section shall be confidential; provided, however, that such information shall be282 |
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| 332 | 332 | | disclosed, subject to the provisions of the federal Health Insurance Portability and283 |
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| 333 | 333 | | Accountability Act of 1996, P.L. 104-191, and any regulations promulgated thereunder:284 |
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| 334 | 334 | | (1) Upon written request of an individual or caregiver registered pursuant to this Code285 |
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| 335 | 335 | | section for information related to the individual or his or her caregiver;286 |
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| 336 | 336 | | (2) To peace officers and prosecuting attorneys for the purpose of:287 |
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| 337 | 337 | | (A) Verifying that an individual in possession of a registration card is registered288 |
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| 338 | 338 | | pursuant to this Code section; or289 |
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| 339 | 339 | | (B) Determining that an individual in possession of low THC oil medical marijuana is290 |
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| 340 | 340 | | registered pursuant to this Code section; and291 |
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| 341 | 341 | | (3) To government entities and other entities for statistical, research, educational,292 |
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| 342 | 342 | | instructional, drug abuse prevention, or grant application purposes after removing all293 |
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| 343 | 343 | | personal identifiers from the health information and removing all information that could294 |
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| 344 | 344 | | be used to identify prescribers.295 |
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| 345 | 345 | | (g) The board shall develop a waiver form that will advise that the use of cannabinoids and296 |
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| 346 | 346 | | THC containing products have not been approved by the FDA and the clinical benefits are297 |
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| 347 | 347 | | unknown and may cause harm. Any patient or caregiver shall sign such waiver prior to his298 |
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| 348 | 348 | | or her approval for registration.299 |
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| 349 | 349 | | (h) The board, in coordination with the Department of Public Health, shall annually review300 |
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| 350 | 350 | | the conditions included in paragraph (3) of subsection (a) of this Code section and301 |
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| 351 | 351 | | recommend additional conditions that have been shown through medical research to be302 |
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| 352 | 352 | | effectively treated with low THC oil medical marijuana. Such recommendations shall303 |
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| 353 | 353 | | include recommended dosages for a particular condition, patient responses to treatment304 |
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| 354 | 354 | | with respect to the particular condition, and drug interactions with other drugs commonly305 23 LC 33 9312 |
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| 355 | 355 | | H. B. 337 |
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| 356 | 356 | | - 13 - |
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| 357 | 357 | | taken by patients with the particular condition. Such recommendations shall be made |
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| 358 | 358 | | 306 |
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| 359 | 359 | | jointly by the board and the Department of Public Health to the General Assembly no later307 |
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| 360 | 360 | | than December 1 of each year."308 |
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| 361 | 361 | | SECTION 7.309 |
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| 362 | 362 | | Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general310 |
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| 363 | 363 | | provisions relative to torts, is amended by revising Code Section 51-1-29.6, relating to311 |
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| 364 | 364 | | liability of health care institutions and providers regarding THC oil, as follows:312 |
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| 365 | 365 | | "51-1-29.6.313 |
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| 366 | 366 | | (a) As used in this Code section, the term:314 |
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| 367 | 367 | | (1) 'Caregiver' shall have the same meaning as set forth in Code Section 31-2A-18.315 |
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| 368 | 368 | | (2) 'Health care institution' shall have the same meaning as set forth in Code Section316 |
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| 369 | 369 | | 51-1-29.5.317 |
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| 370 | 370 | | (3) 'Health care provider' means any person licensed, certified, or registered under318 |
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| 371 | 371 | | Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or Chapter 4 of Title319 |
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| 372 | 372 | | 26.320 |
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| 373 | 373 | | (4) 'Low THC oil |
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| 374 | 374 | | Medical marijuana' shall have the same meaning as set forth in Code321 |
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| 375 | 375 | | Section 16-12-190.322 |
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| 376 | 376 | | (b) A health care institution shall not be subject to any civil liability, penalty, licensing323 |
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| 377 | 377 | | sanction, or other detrimental action and a health care provider shall not be subject to any324 |
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| 378 | 378 | | civil liability, penalty, denial of a right or privilege, disciplinary action by a professional325 |
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| 379 | 379 | | licensing board, or other detrimental action for allowing an individual or caregiver to326 |
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| 380 | 380 | | possess, administer, or use low THC oil medical marijuana on the premises of a health care327 |
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| 381 | 381 | | institution or offices of a health care provider, provided that the possession of such328 |
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| 382 | 382 | | substance is in accordance with the laws of this state."329 23 LC 33 9312 |
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| 383 | 383 | | H. B. 337 |
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| 384 | 384 | | - 14 - |
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| 385 | 385 | | SECTION 8. |
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| 386 | 386 | | 330 |
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| 387 | 387 | | All laws and parts of laws in conflict with this Act are repealed.331 |
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