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