23 LC 51 0363S
H. B. 458 (SUB)
- 1 -
House Bill 458 (COMMITTEE SUBSTITUTE)
By: Representatives Pirkle of the 169
th
, Corbett of the 174
th
, Williams of the 148
th
, Rhodes
of the 124
th
, and Willis of the 55
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, relating to hemp
1
farming, so as to provide for definitions; to provide for license and permit fees, surety bonds,2
and eligibility; to provide for and require retail consumable hemp establishment licenses and3
wholesale consumable hemp establishment licenses; to allow persons convicted of any4
misdemeanor or a felony not related to a state or federally controlled substance within ten5
years of the application date to grow and process industrial hemp; to provide for exemptions6
for criminal background checks, federal criminal history reports, and classifiable7
electronically recorded fingerprints upon permit and license renewals; to provide for8
compliance with applicable laws; to require package requirements, labeling, and certificates9
of analysis for hemp products; to provide for ongoing reporting; to amend Chapter 12 of10
Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health11
and morals, so as to prohibit the purchase of, sale of, and the offering of samples of hemp12
products by or to any individual under the age of 21 years old; to provide for inspections,13
enforcement, and penalties for violations; to provide for venue; to provide for rules and14
regulations; to provide for related matters; to provide for effective dates; to repeal conflicting15
laws; and for other purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 23 LC 51 0363S
H. B. 458 (SUB)
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SECTION 1.
18
Said chapter is further amended in Code Section 2-23-3, relating to definitions, by revising19
paragraph (6) and paragraph (12) and by adding new paragraphs to read as follows:20
"(1.2) 'Consumable hemp products' means a hemp product intended to be ingested,
21
absorbed, or inhaled by humans or animals."22
"(3.1) 'Full panel certificate of analysis' means a document, produced by a laboratory23
which is unaffiliated with the processor and which has been accredited pursuant to the24
standards of the International Organization for Standardization for the competence,25
impartiality, and consistent operation of laboratories, attesting to the composition of a26
product, and which shall include a designation indicating whether the product passed or27
failed."28
"(6) 'Hemp products' means all products with the federally defined THC level for hemp29
derived from, or made by, processing hemp plants or plant parts that are prepared in a30
form available for legal commercial sale, but not including food products infused with31
THC unless approved by the United States Food and Drug Administration all finished32
products with a concentration of delta-9-THC and esters of delta-9-THC of not more33
than 0.3 percent on a dry-weight basis that is derived from or made by processing a hemp34
plant or plant part and prepared in a form available for commercial sale. Hemp products35
shall not be considered controlled substances solely due to the presence of hemp or hemp36
derived cannabinoids.37
(6.1) 'Industrial hemp product' means any hemp product that is not a consumable hemp38
product."39
"(8.1) 'Passing,' with regard to a full-panel certificate of analysis, means that the40
full-panel certificate of analysis attests to the final packaged product's composition of the41
following grouping of assays and, where applicable, that the final packaged product42
contains equal to or less than the maximum acceptable contaminant levels set forth:43
(A) Cannabinoids:44 23 LC 51 0363S
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(i) Total tetrahydrocannabinol (THC) sum percentage by weight of45
Delta-9-tetrahydrocannabinol; and Delta-9-tetrahydrocannabinolicacid:46
(ii) Cannabidiol (CBD);47
(iii) Cannabidiolic Acid (CBDA);48
(iv) Cannabigerol (CBG);49
(v) Cannabigerol Acid (CBGA);50
(vi) Cannabinol (CBN);51
(vii) Delta-8-tetrahydrocannabinol (Delta-8-THC);52
(viii) Any isomer of Delta-9-THC, (e.g., Delta-8-THC, Delta-10-THC,53
Delta-11-THC); and54
(ix) Any ester of Delta-9-T HC (e.g. THC-O) or Delta-9(11)55
exo-tetrahydrocannabinol (Exo-THC);56
(B) Heavy metals:57
(i) Arsenic, in an amount less than 1.5 parts per million;58
(ii) Cadmium, in an amount less than 0.5 parts per million;59
(iii) Chromium, in an amount less than 0.5 parts per million;60
(iv) Lead, in an amount less than 0.5 parts per million; and61
(v) Mercury, in an amount less than 0.3 parts per million;62
(C) Residual pesticides:63
(i) Abamectin, in an amount less than 0.3 parts per million;64
(ii) Acephate, in an amount less than 5 parts per million;65
(iii) Acequinocyl, in an amount less than 4 parts per million;66
(iv) Acetamiprid, in an amount less than 5 parts per million;67
(v) Aldicarb, in an amount less than 0.01 parts per million;68
(vi) Azoxystrobin, in an amount less than 40 parts per million;69
(vii) Bifenazate, in an amount less than 5 parts per million;70
(viii) Bifenthrin, in an amount less than 0.5 parts per million;71 23 LC 51 0363S
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(ix) Chlormequat Chloride, in an amount less than 0.01 parts per million;72
(x) Chlordane, in an amount less than 0.01 parts per million;73
(xi) Chlorpyrifos, in an amount less than 0.01 parts per million;74
(xii) Cyfluthrin, in an amount less than 1 parts per million;75
(xiii) Daminozide, in an amount less than 0.01 parts per million;76
(xiv) Diazinon, in an amount less than 0.2 parts per million;77
(xv) Dichlorvos, in an amount less than 0.01 parts per million;78
(xvi) Dimethoate, in an amount less than 0.2 parts per million;79
(xvii) Etoxazole, in an amount less than 1.5 parts per million;80
(xviii) Fenoxycarb, in an amount less than 0.01 parts per million;81
(xix) Fenhexamid, in an amount less than 10 parts per million;82
(xx) Fluoxastrobin, in an amount less than 0.01 parts per million;83
(xxi) Fipronil, in an amount less than 0.01 parts per million;84
(xxii) Imazalil, in an amount less than 0.01 parts per million;85
(xxiii) Imidacloprid, in an amount less than 3 parts per million;86
(xxiv) Malathion, in an amount less than 5 parts per million;87
(xxv) Myclobutanil, in an amount less than 9 parts per million;88
(xxvi) Paclobutrazol, in an amount less than 0.01 parts per million;89
(xxvii) Permethrin, in an amount less than 20 parts per million;90
(xxviii) Spirotetramat, in an amount less than 13 parts per million;91
(xxix) Thiacloprid, in an amount less than 0.01 parts per million; and92
(xxx) Trifloxystrobin, in an amount less than 30 parts per million;93
(D) Residual solvents:94
(i) Acetones, in an amount less than 5000 parts per million;95
(ii) Butanes, in an amount less than 5000 parts per million;96
(iii) Benzene, in an amount less than 1.0 parts per million;97
(iv) Methanol, in an amount less than 3000 parts per million;98 23 LC 51 0363S
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(v) Ethanol, in an amount less than 5000 parts per million;99
(vi) Heptanes, in an amount less than 5000 parts per million;100
(vii) Hexane, in an amount less than 10 parts per million;101
(viii) Toluene, in an amount less than 890 parts per million; and102
(ix) Total Xylenes (m,o,p-xylene), in an amount less than 1.0 parts per million;103
(E) Any visible foreign or extraneous material that is not intended to be part of the104
product being produced, including, but not limited to, mold, hair, insects, metal, or105
plastic;106
(F) Microbiological impurities, meeting the following colony-forming unit in per107
gram (CFU/g) levels:108
(i) Total viable aerobic bacteria, not exceeding 105 CFU/g;109
(ii) Total Yeast and Mold, not exceeding 10,000 CFU/g;110
(iii) Total Coliforms, not exceeding 103 CFU/g;111
(iv) Bile-tolerant Gram Negative Bacteria, not exceeding 103 CFU/g;112
(v) E. coli (pathogenic strains) and Salmonella, not detected in 1 gram; and113
(vi) Aspergillus fumigatus, Aspergillus flavus, Aspergillus niger, less than 1 CFU/g;114
(G) Mycotoxins:115
(i) Aflatoxin B1 at less than 20 µg (micrograms) of any mycotoxin per kg of material;116
(ii) Aflatoxin B2 at less than 20 µg (micrograms) of any mycotoxin per kg of117
material;118
(iii) Aflatoxin G1 at less than 20 µg (micrograms) of any mycotoxin per kg of119
material;120
(iv) Aflatoxin G 2at less than 20 µg (micrograms) of any mycotoxin per kg of121
material; and122
(v) Ochratoxin A at less than 20 µg (micrograms) of any mycotoxin per kg of123
material;124 23 LC 51 0363S
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(H) Vitamin E acetate in an amount less than 100 parts per million in an inhalable125
hemp product."126
"(10.1) 'QR code' means a quick response code that is a type of machine-readable,127
two-dimensional barcode that stores information about a product."128
"(12) 'Retail consumable hemp establishment license' means a license issued by the129
department under the authority of this chapter to an establishment that prepares or sells130
prepackaged consumable hemp products to an end consumer.131
(13) 'THC' means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination132
of tetrahydrocannabinol and tetrahydrocannabinolic acid.133
(14) 'Wholesale consumable hemp establishment license' means a license issued by the134
department under the authority of this chapter to an establishment that manufactures,135
processes, packs, holds, or prepares consumable hemp products for sale to other136
businesses."137
SECTION 2.138
Said chapter is further amended in Code Section 2-23-5, relating to procedure for licensing,139
fees, licensing requirements, and limitations on licenses, by revising paragraph (2) of140
subsection (a) and subsection (c) as follows:141
"(2) Hemp grower licenses shall be issued for one calendar year at an annual license fee142
of $50.00 per acre cultivated up to a maximum license fee of $5,000.00 $1,000.00."143
"(c)(1) Upon receipt of an application for a hemp grower license, the department shall144
conduct a criminal background check and is authorized to obtain a federal criminal145
history report in accordance with paragraph (2) of this subsection for an individual or, if146
the applicant is a business entity, all key participants seeking to obtain a hemp grower147
license. For renewal of any previously issued license, a background check shall be148
required every three years.149 23 LC 51 0363S
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(2) At least one set of classifiable electronically recorded fingerprints of the individual
150
applicant or, if the applicant is a business entity, one set of classifiable electronically151
recorded fingerprints of each key participant shall be submitted to the department in152
accordance with the fingerprint system of identification established by the director of the153
Federal Bureau of Investigation. The department shall transmit the fingerprints to the154
Georgia Crime Information Center, which shall submit the fingerprints to the Federal155
Bureau of Investigation for a search of bureau records and an appropriate report and shall156
promptly conduct a search of state records based upon the fingerprints. After receiving157
the report from the Georgia Crime Information Center and the Federal Bureau of158
Investigation, the department shall review the record for all individuals or key159
participants, as applicable. For renewal of any previously issued license, such set of
160
classifiable electronically recorded fingerprints shall not be required for any individual161
applicant or key participant who has already submitted such.162
(3) No license shall be issued to any applicant who has been convicted of a misdemeanor163
involving sale of or trafficking in a controlled substance or a felony related to a state or164
federally controlled substance within ten years of the date of application or who165
materially falsifies any information contained in a license application.166
(4) Upon receipt of an application for renewal of any previously issued license, the167
department may require a signed affidavit stating that the licensee has not had a material168
change to his or her permit eligibility."169
SECTION 3.170
Said chapter is further amended in Code Section 2-23-6, relating to procedure for permitting171
and limitations on permits and interests, by revising subsections (c) through (g) as follows:172
"(c)(1) Upon receipt of an application for a hemp processor permit, the department shall173
conduct a criminal background check and is authorized to obtain a federal criminal174
history report in accordance with paragraph (2) of this subsection for an individual or, if175 23 LC 51 0363S
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the applicant is a business entity, all key participants seeking to obtain a hemp processor
176
permit. For renewal of any previously issued permit, such criminal background check
177
or federal criminal history report shall be required every three years for each individual178
applicant or key participant who has previously undergone such.179
(2) At least one set of classifiable electronically recorded fingerprints of the individual180
applicant or, if the applicant is a business entity, one set of classifiable electronically181
recorded fingerprints of each key participant shall be submitted to the department in182
accordance with the fingerprint system of identification established by the director of the183
Federal Bureau of Investigation. The department shall transmit the fingerprints to the184
Georgia Crime Information Center, which shall submit the fingerprints to the Federal185
Bureau of Investigation for a search of bureau records and an appropriate report and shall186
promptly conduct a search of state records based upon the fingerprints. After receiving187
the report from the Georgia Crime Information Center and the Federal Bureau of188
Investigation, the department shall review the record for all individuals or key189
participants, as applicable. For renewal of any previously issued permit, such set of190
classifiable electronically recorded fingerprints shall not be required for any individual191
applicant or key participant who has already submitted such.192
(3) No permit shall be issued to any applicant who has been convicted of a misdemeanor193
involving sale of or trafficking in a controlled substance or a felony related to a state or194
federally controlled substance within ten years of the date of application or who195
materially falsifies any information contained in a license application.196
(d) The department shall annually accept applications for hemp processor permits to be197
issued by the department and renew on an annual basis.198
(e) Hemp processor permits shall be issued for one five calendar year years at an annual199
a permit fee of $25,000.00, to be paid in annual installments of $5,000.00, so long as no200
administrative action has been taken by the department regarding such permittee under this201
chapter. If annual permit fee installments are not paid according to the preapproved202 23 LC 51 0363S
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schedule, the department may revoke the permit. The department may annually require a203
signed affidavit stating that the permittee has not had a material change to his or her permit204
eligibility.205
(f) Issuance of any hemp processor permit shall be conditioned upon the permittee's206
compliance with Code Section 2-23-7 prior to initiating hemp processing activities.207
(g) A permittee may also apply for and be issued no more than one hemp grower license."208
SECTION 4.209
Said chapter is further amended in Code Section 2-23-6.1, relating to procedure for210
permitting and limitations on permits and interests, by revising subsection (a) as follows:211
"(a) Any applicant for a hemp processor permit shall make and deliver to the212
Commissioner a surety bond executed by a surety corporation authorized to transact213
business in this state and approved by the Commissioner. Any and all bond applications214
shall be accompanied by a certificate of good standing issued by the Commissioner of215
Insurance. If any company issuing a bond shall be removed from doing business in this216
state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner217
within 30 days. The bond shall be in such amount as the Commissioner may determine,218
not exceeding an amount equal to 2 percent of the amount of hemp purchased from219
licensees by the permittee in the most recent calendar year; provided, however, that the220
minimum amount of such bond shall be $300,000.00 and the maximum amount shall be221
$1 million $50,000.00. Such bond shall be upon a form prescribed or approved by the222
Commissioner and shall be conditioned to secure the faithful accounting for and payment223
to licensees for hemp purchased by such permittee as well as to secure the permittee's224
compliance with the requirements of this chapter. Whenever the Commissioner shall225
determine that a previously approved bond has for any cause become insufficient, the226
Commissioner may require an additional bond or bonds to be given in compliance with this227
Code section. Unless the additional bond or bonds are given within the time fixed by228 23 LC 51 0363S
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written demand therefor, or if the bond of a permittee is canceled, the permit of such
229
permittee shall be immediately revoked by operation of law without notice or hearing, and230
such permittee shall be ineligible to reapply for such permit for a period of four years after231
such revocation."232
SECTION 5.233
Said chapter is further amended by adding a new Code section to read as follows:234
"2-23-6.2.
235
(a) A retail consumable hemp establishment license shall be issued by the department.236
Such license shall be issued for one calendar year at an annual permit fee of $250.00.237
(b) A wholesale consumable hemp establishment license shall be issued by the department.238
Such license shall be issued for one calendar year at an annual permit fee of $1,500.00.239
(c) No retail establishment shall sell or offer for sale any consumable hemp product in this240
state without first obtaining a retail consumable hemp establishment license issued by the241
department.242
(d) No person shall act as a wholesaler or distributer of consumable hemp products in this243
state without first obtaining a wholesale consumable hemp establishment license issued by244
the department."245
SECTION 6.246
Said chapter is further amended by adding new Code sections to read as follows:247
"2-23-9.1.248
(a) No consumable hemp product shall be sold or otherwise distributed in this state unless249
the manufacturer has, within the last 12 months, contracted for a full-panel certificate of250
analysis to be conducted on such product and such analysis has been designated as passing.251
(b) Any consumable hemp product sold or otherwise distributed in this state shall bear252
conspicuous labeling providing the information from a passing certificate of analysis253 23 LC 51 0363S
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conducted on the product within the last 12 months or allowing a consumer to access such254
information using a QR code.255
(c) The department shall randomly test consumable hemp products available for purchase256
at retail consumable hemp establishments to ensure compliance with this Code section.257
Such testing shall be conducted in compliance with this chapter and with regulations258
promulgated by the department.259
(d) In the event that a test sample reveals a concentration of delta-9-THC and esters of260
delta-9-THC of more than 0.3 percent on a dry-weight basis, all related hemp products261
shall be disposed of in compliance with this chapter and with regulations promulgated by262
the department.263
2-23-9.2.264
Any consumable hemp product shall have a maximum total concentration of any265
combination of delta-9-THC, isomers of delta-9-THC, and esters of delta-9-THC of 25mg266
per individual dose and 500mg per individual package."267
SECTION 7.268
Said chapter is further amended in Code Section 2-23-11, relating to plan for regulation and269
approval, by adding a new subsection to read as follows:270
"(c) The department may submit an amended plan to the secretary of agriculture of the271
United States if or when required by any amendment to this chapter, the rules and272
regulations promulgated by the department pursuant to this chapter, or any federal law or273
regulation."274
SECTION 8.275
Said chapter is further amended in Code Section 2-23-12, relating to rules and regulations,276
as follows:277 23 LC 51 0363S
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"2-23-12.
278
The department, in consultation with the Georgia Bureau of Investigation, shall
may279
promulgate rules and regulations as necessary to implement the provisions of this chapter.280
Such rules and regulations shall include the plan provided for in Code Section 2-23-11281
upon the approval of such plan by the secretary of agriculture of the United States."282
SECTION 9.283
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against284
public health and morals, is amended by adding a new article to read as follows:285
"ARTICLE 10286
16-12-240.287
As used in this article, the term:288
(1) 'Community service' means a public service which an individual under the age of 21289
years might appropriately be required to perform as punishment for certain offenses290
provided for in this article as determined by a court of competent jurisdiction.291
(2) 'Consumable hemp products' has the same meaning as provided in Code292
Section 2-23-3.293
(3) 'Person' means any natural person or any firm, partnership, company, corporation, or294
other entity.295
(4) 'Proper identification' means any document issued by a governmental agency that296
contains a description of an individual, such individual's photograph, or both; provides297
such individual's date of birth; and includes, without being limited to, a passport, military298
identification card, driver's license, or an identification card authorized under Code299
Sections 40-5-100 through 40-5-104. Proper identification shall not include a birth300
certificate.301 23 LC 51 0363S
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16-12-241.302
(a)(1) It shall be unlawful for any person to knowingly:303
(A) Sell or barter, directly or indirectly, any consumable hemp product to any304
individual under the age of 21 years;305
(B) Purchase any consumable hemp product for any individual under the age of 21306
years; or307
(C) Advise, counsel, or compel any individual under the age of 21 years to smoke,308
inhale, chew, or use consumable hemp products.309
(2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply310
with respect to the sale of consumable hemp products by a person when such person has311
been furnished with proper identification showing that the individual to whom the312
consumable hemp products are sold is 21 years of age or older.313
(B) In any case where a reasonable or prudent person could reasonably be in doubt as314
to whether or not the individual to whom consumable hemp products are to be sold or315
otherwise furnished is 21 years of age or older, it shall be the duty of the person selling316
or otherwise furnishing such consumable hemp products to request to see and to be317
furnished with proper identification in order to verify the age of such individual. The318
failure to make such request and verification in any case where the individual to whom319
the consumable hemp products are sold or otherwise furnished is less than 21 years of320
age may be considered by the trier of fact in determining whether the person who sold321
or otherwise furnished such consumable hemp products did so knowingly.322
(3) Any person that violates this subsection shall be guilty of a misdemeanor.323
(b)(1) It shall be unlawful for any individual under the age of 21 years to:324
(A) Purchase, attempt to purchase, or possess for personal use any consumable hemp325
products; or326
(B) Misrepresent his or her identity or age or use any false identification for the327
purpose of purchasing or procuring any consumable hemp products.328 23 LC 51 0363S
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(2) An individual under the age of 21 years who commits an offense provided for in329
paragraph (1) of this subsection or in paragraph (1) of subsection (a) of this Code section330
shall be punished by requiring the performance of community service not to exceed 20331
hours that may be related to the awareness of the health hazards of consumable hemp332
product use.333
16-12-242.334
(a) Any person owning or operating a place of business in which consumable hemp335
products are sold or offered for sale shall post in a conspicuous place a sign which shall336
contain the following statement:337
'SALE OF CONSUMABLE HEMP PRODUCTS TO INDIVIDUALS UNDER 21338
YEARS OF AGE IS PROHIBITED BY LAW.'339
Such sign shall be printed in letters of at least one-half inch in height.340
(b) Any person that fails to comply with the requirements of subsection (a) of this Code341
section shall be guilty of a misdemeanor.342
16-12-243.343
(a) As used in this Code section, the term 'consumable hemp product sample' means a344
consumable hemp product distributed to members of the general public at no cost for345
purposes of promoting the product.346
(b) It shall be unlawful for any person to distribute any consumable hemp product sample347
to any individual under the age of 21 years.348
(c) A person distributing consumable hemp product samples shall require proof of age349
from a prospective recipient in any case where a reasonable or prudent person could350
conclude on the basis of appearance that such prospective recipient may be under the age351
of 21 years.352 23 LC 51 0363S
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(d) It shall be unlawful for any individual under the age of 21 years to receive or attempt353
to receive any consumable hemp product sample.354
(e) No person shall distribute consumable hemp product samples on any public street,355
sidewalk, or park within 500 feet of any school or playground when such facilities are356
being used primarily by individuals under the age of 21 years.357
(f) A violation of subsection (b), (c), or (e) of this Code section shall be punished as a358
misdemeanor. A violation of subsection (d) of this Code section shall be punished as359
provided for in paragraph (2) of subsection (b) of Code Section 16-12-171.360
16-12-244.361
(a) The provisions of this article shall be enforced through actions brought in any court of362
competent jurisdiction by the prosecuting district attorney for the county in which the363
alleged violation occurred as well as through administrative citations issued by special364
agents or enforcement officers of the Commissioner of Agriculture. Any fine collected for365
a violation of such provisions shall be paid to the clerk of the court of the jurisdiction in366
which the violation occurred. Upon receipt of a fine for any violation of such provision,367
such clerk shall promptly notify the Commissioner of Agriculture of the violation.368
(b) The Commissioner of Agriculture, acting through special agents or enforcement369
officers, shall annually conduct random, unannounced inspections at locations where370
consumable hemp products are sold or distributed to ensure compliance with this article.371
Individuals under the age of 21 years may be enlisted to test compliance with this article;372
provided, however, that such individuals may be used to test compliance with this article373
only if the testing is conducted under the direct supervision of such special agents or374
enforcement officers and written parental consent for such individuals has been provided.375
Any other use of individuals under the age of 21 years to test compliance with this article376
or any other similar provisions shall be unlawful, and the person or persons responsible for377
such use shall be subject to the penalties prescribed in this article.378 23 LC 51 0363S
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16-12-245.379
The Commissioner of Agriculture is authorized to make reasonable rules and regulations380
for the administration and enforcement of this article. The Commissioner of Agriculture381
may designate employees of the Department of Agriculture for the purpose of382
administering and enforcing this article and may delegate to employees of such department383
any of the duties required of the Commissioner of Agriculture pursuant to this article."384
SECTION 10.385
Sections 1 through 4 and 6 through 11 of this Act shall become effective upon its approval386
by the Governor or upon its becoming law without such approval. Section 5 of this Act shall387
become effective January 1, 2024.388
SECTION 11.389
All laws and parts of laws in conflict with this Act are repealed.390