Georgia 2023-2024 Regular Session

Georgia House Bill HB458 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		23 LC 51 0363S
2	2		H. B. 458 (SUB)
3	3		- 1 -
4		-	House Bill 458 (COMMITTEE SUBSTITUTE)
5		-	By: Representatives Pirkle of the 169
6		-	th
7		-	, Corbett of the 174
8		-	th
9		-	, Williams of the 148
10		-	th
11		-	, Rhodes
12		-	of the 124
13		-	th
14		-	, and Willis of the 55
15		-	th
16		-
	4	+	The House Committee on Agriculture and Consumer Affairs offers the following
	5	+	substitute to HB 458:
17	6		A BILL TO BE ENTITLED
18	7		AN ACT
19		-	To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, relating to hemp
20		-	1
	8	+	To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, relating to hemp1
21	9		farming, so as to provide for definitions; to provide for license and permit fees, surety bonds,2
22	10		and eligibility; to provide for and require retail consumable hemp establishment licenses and3
23	11		wholesale consumable hemp establishment licenses; to allow persons convicted of any4
24	12		misdemeanor or a felony not related to a state or federally controlled substance within ten5
25	13		years of the application date to grow and process industrial hemp; to provide for exemptions6
26	14		for criminal background checks, federal criminal history reports, and classifiable7
27	15		electronically recorded fingerprints upon permit and license renewals; to provide for8
28	16		compliance with applicable laws; to require package requirements, labeling, and certificates9
29	17		of analysis for hemp products; to provide for ongoing reporting; to amend Chapter 12 of10
30	18		Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health11
31	19		and morals, so as to prohibit the purchase of, sale of, and the offering of samples of hemp12
32	20		products by or to any individual under the age of 21 years old; to provide for inspections,13
33	21		enforcement, and penalties for violations; to provide for venue; to provide for rules and14
34	22		regulations; to provide for related matters; to provide for effective dates; to repeal conflicting15
35	23		laws; and for other purposes.16
36	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 23 LC 51 0363S
37	25		H. B. 458 (SUB)
38	26		- 2 -
39		-	SECTION 1.
40		-	18
	27	+	SECTION 1.18
41	28		Said chapter is further amended in Code Section 2-23-3, relating to definitions, by revising19
42	29		paragraph (6) and paragraph (12) and by adding new paragraphs to read as follows:20
43		-	"(1.2) 'Consumable hemp products' means a hemp product intended to be ingested,
44		-	21
	30	+	"(1.2) 'Consumable hemp products' means a hemp product intended to be ingested,21
45	31		absorbed, or inhaled by humans or animals."22
46	32		"(3.1) 'Full panel certificate of analysis' means a document, produced by a laboratory23
47	33		which is unaffiliated with the processor and which has been accredited pursuant to the24
48	34		standards of the International Organization for Standardization for the competence,25
49	35		impartiality, and consistent operation of laboratories, attesting to the composition of a26
50	36		product, and which shall include a designation indicating whether the product passed or27
51	37		failed."28
52	38		"(6) 'Hemp products' means all products with the federally defined THC level for hemp29
53	39		derived from, or made by, processing hemp plants or plant parts that are prepared in a30
54	40		form available for legal commercial sale, but not including food products infused with31
55	41		THC unless approved by the United States Food and Drug Administration all finished32
56	42		products with a concentration of delta-9-THC and esters of delta-9-THC of not more33
57	43		than 0.3 percent on a dry-weight basis that is derived from or made by processing a hemp34
58	44		plant or plant part and prepared in a form available for commercial sale. Hemp products35
59	45		shall not be considered controlled substances solely due to the presence of hemp or hemp36
60	46		derived cannabinoids.37
61	47		(6.1) 'Industrial hemp product' means any hemp product that is not a consumable hemp38
62	48		product."39
63	49		"(8.1) 'Passing,' with regard to a full-panel certificate of analysis, means that the40
64	50		full-panel certificate of analysis attests to the final packaged product's composition of the41
65	51		following grouping of assays and, where applicable, that the final packaged product42
66	52		contains equal to or less than the maximum acceptable contaminant levels set forth:43
67	53		(A) Cannabinoids:44 23 LC 51 0363S
68	54		H. B. 458 (SUB)
69	55		- 3 -
70	56		(i) Total tetrahydrocannabinol (THC) sum percentage by weight of45
71	57		Delta-9-tetrahydrocannabinol; and Delta-9-tetrahydrocannabinolicacid:46
72	58		(ii) Cannabidiol (CBD);47
73	59		(iii) Cannabidiolic Acid (CBDA);48
74	60		(iv) Cannabigerol (CBG);49
75	61		(v) Cannabigerol Acid (CBGA);50
76	62		(vi) Cannabinol (CBN);51
77	63		(vii) Delta-8-tetrahydrocannabinol (Delta-8-THC);52
78	64		(viii) Any isomer of Delta-9-THC, (e.g., Delta-8-THC, Delta-10-THC,53
79	65		Delta-11-THC); and54
80	66		(ix) Any ester of Delta-9-T HC (e.g. THC-O) or Delta-9(11)55
81	67		exo-tetrahydrocannabinol (Exo-THC);56
82	68		(B) Heavy metals:57
83	69		(i) Arsenic, in an amount less than 1.5 parts per million;58
84	70		(ii) Cadmium, in an amount less than 0.5 parts per million;59
85	71		(iii) Chromium, in an amount less than 0.5 parts per million;60
86	72		(iv) Lead, in an amount less than 0.5 parts per million; and61
87	73		(v) Mercury, in an amount less than 0.3 parts per million;62
88	74		(C) Residual pesticides:63
89	75		(i) Abamectin, in an amount less than 0.3 parts per million;64
90	76		(ii) Acephate, in an amount less than 5 parts per million;65
91	77		(iii) Acequinocyl, in an amount less than 4 parts per million;66
92	78		(iv) Acetamiprid, in an amount less than 5 parts per million;67
93	79		(v) Aldicarb, in an amount less than 0.01 parts per million;68
94	80		(vi) Azoxystrobin, in an amount less than 40 parts per million;69
95	81		(vii) Bifenazate, in an amount less than 5 parts per million;70
96	82		(viii) Bifenthrin, in an amount less than 0.5 parts per million;71 23 LC 51 0363S
97	83		H. B. 458 (SUB)
98	84		- 4 -
99	85		(ix) Chlormequat Chloride, in an amount less than 0.01 parts per million;72
100	86		(x) Chlordane, in an amount less than 0.01 parts per million;73
101	87		(xi) Chlorpyrifos, in an amount less than 0.01 parts per million;74
102	88		(xii) Cyfluthrin, in an amount less than 1 parts per million;75
103	89		(xiii) Daminozide, in an amount less than 0.01 parts per million;76
104	90		(xiv) Diazinon, in an amount less than 0.2 parts per million;77
105	91		(xv) Dichlorvos, in an amount less than 0.01 parts per million;78
106	92		(xvi) Dimethoate, in an amount less than 0.2 parts per million;79
107	93		(xvii) Etoxazole, in an amount less than 1.5 parts per million;80
108	94		(xviii) Fenoxycarb, in an amount less than 0.01 parts per million;81
109	95		(xix) Fenhexamid, in an amount less than 10 parts per million;82
110	96		(xx) Fluoxastrobin, in an amount less than 0.01 parts per million;83
111	97		(xxi) Fipronil, in an amount less than 0.01 parts per million;84
112	98		(xxii) Imazalil, in an amount less than 0.01 parts per million;85
113	99		(xxiii) Imidacloprid, in an amount less than 3 parts per million;86
114	100		(xxiv) Malathion, in an amount less than 5 parts per million;87
115	101		(xxv) Myclobutanil, in an amount less than 9 parts per million;88
116	102		(xxvi) Paclobutrazol, in an amount less than 0.01 parts per million;89
117	103		(xxvii) Permethrin, in an amount less than 20 parts per million;90
118	104		(xxviii) Spirotetramat, in an amount less than 13 parts per million;91
119	105		(xxix) Thiacloprid, in an amount less than 0.01 parts per million; and92
120	106		(xxx) Trifloxystrobin, in an amount less than 30 parts per million;93
121	107		(D) Residual solvents:94
122	108		(i) Acetones, in an amount less than 5000 parts per million;95
123	109		(ii) Butanes, in an amount less than 5000 parts per million;96
124	110		(iii) Benzene, in an amount less than 1.0 parts per million;97
125	111		(iv) Methanol, in an amount less than 3000 parts per million;98 23 LC 51 0363S
126	112		H. B. 458 (SUB)
127	113		- 5 -
128	114		(v) Ethanol, in an amount less than 5000 parts per million;99
129	115		(vi) Heptanes, in an amount less than 5000 parts per million;100
130	116		(vii) Hexane, in an amount less than 10 parts per million;101
131	117		(viii) Toluene, in an amount less than 890 parts per million; and102
132	118		(ix) Total Xylenes (m,o,p-xylene), in an amount less than 1.0 parts per million;103
133	119		(E) Any visible foreign or extraneous material that is not intended to be part of the104
134	120		product being produced, including, but not limited to, mold, hair, insects, metal, or105
135	121		plastic;106
136	122		(F) Microbiological impurities, meeting the following colony-forming unit in per107
137	123		gram (CFU/g) levels:108
138	124		(i) Total viable aerobic bacteria, not exceeding 105 CFU/g;109
139	125		(ii) Total Yeast and Mold, not exceeding 10,000 CFU/g;110
140	126		(iii) Total Coliforms, not exceeding 103 CFU/g;111
141	127		(iv) Bile-tolerant Gram Negative Bacteria, not exceeding 103 CFU/g;112
142	128		(v) E. coli (pathogenic strains) and Salmonella, not detected in 1 gram; and113
143	129		(vi) Aspergillus fumigatus, Aspergillus flavus, Aspergillus niger, less than 1 CFU/g;114
144	130		(G) Mycotoxins:115
145	131		(i) Aflatoxin B1 at less than 20 µg (micrograms) of any mycotoxin per kg of material;116
146	132		(ii) Aflatoxin B2 at less than 20 µg (micrograms) of any mycotoxin per kg of117
147	133		material;118
148	134		(iii) Aflatoxin G1 at less than 20 µg (micrograms) of any mycotoxin per kg of119
149	135		material;120
150	136		(iv) Aflatoxin G 2at less than 20 µg (micrograms) of any mycotoxin per kg of121
151	137		material; and122
152	138		(v) Ochratoxin A at less than 20 µg (micrograms) of any mycotoxin per kg of123
153	139		material;124 23 LC 51 0363S
154	140		H. B. 458 (SUB)
155	141		- 6 -
156	142		(H) Vitamin E acetate in an amount less than 100 parts per million in an inhalable125
157	143		hemp product."126
158	144		"(10.1) 'QR code' means a quick response code that is a type of machine-readable,127
159	145		two-dimensional barcode that stores information about a product."128
160	146		"(12) 'Retail consumable hemp establishment license' means a license issued by the129
161	147		department under the authority of this chapter to an establishment that prepares or sells130
162	148		prepackaged consumable hemp products to an end consumer.131
163	149		(13) 'THC' means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination132
164	150		of tetrahydrocannabinol and tetrahydrocannabinolic acid.133
165	151		(14) 'Wholesale consumable hemp establishment license' means a license issued by the134
166	152		department under the authority of this chapter to an establishment that manufactures,135
167	153		processes, packs, holds, or prepares consumable hemp products for sale to other136
168	154		businesses."137
169	155		SECTION 2.138
170	156		Said chapter is further amended in Code Section 2-23-5, relating to procedure for licensing,139
171	157		fees, licensing requirements, and limitations on licenses, by revising paragraph (2) of140
172	158		subsection (a) and subsection (c) as follows:141
173	159		"(2) Hemp grower licenses shall be issued for one calendar year at an annual license fee142
174	160		of $50.00 per acre cultivated up to a maximum license fee of $5,000.00 $1,000.00."143
175	161		"(c)(1) Upon receipt of an application for a hemp grower license, the department shall144
176	162		conduct a criminal background check and is authorized to obtain a federal criminal145
177	163		history report in accordance with paragraph (2) of this subsection for an individual or, if146
178	164		the applicant is a business entity, all key participants seeking to obtain a hemp grower147
179	165		license. For renewal of any previously issued license, a background check shall be148
180	166		required every three years.149 23 LC 51 0363S
181	167		H. B. 458 (SUB)
182	168		- 7 -
183		-	(2) At least one set of classifiable electronically recorded fingerprints of the individual
184		-	150
	169	+	(2) At least one set of classifiable electronically recorded fingerprints of the individual150
185	170		applicant or, if the applicant is a business entity, one set of classifiable electronically151
186	171		recorded fingerprints of each key participant shall be submitted to the department in152
187	172		accordance with the fingerprint system of identification established by the director of the153
188	173		Federal Bureau of Investigation. The department shall transmit the fingerprints to the154
189	174		Georgia Crime Information Center, which shall submit the fingerprints to the Federal155
190	175		Bureau of Investigation for a search of bureau records and an appropriate report and shall156
191	176		promptly conduct a search of state records based upon the fingerprints. After receiving157
192	177		the report from the Georgia Crime Information Center and the Federal Bureau of158
193	178		Investigation, the department shall review the record for all individuals or key159
194		-	participants, as applicable. For renewal of any previously issued license, such set of
195		-	160
	179	+	participants, as applicable. For renewal of any previously issued license, such set of160
196	180		classifiable electronically recorded fingerprints shall not be required for any individual161
197	181		applicant or key participant who has already submitted such.162
198	182		(3) No license shall be issued to any applicant who has been convicted of a misdemeanor163
199	183		involving sale of or trafficking in a controlled substance or a felony related to a state or164
200	184		federally controlled substance within ten years of the date of application or who165
201	185		materially falsifies any information contained in a license application.166
202	186		(4) Upon receipt of an application for renewal of any previously issued license, the167
203	187		department may require a signed affidavit stating that the licensee has not had a material168
204	188		change to his or her permit eligibility."169
205	189		SECTION 3.170
206	190		Said chapter is further amended in Code Section 2-23-6, relating to procedure for permitting171
207	191		and limitations on permits and interests, by revising subsections (c) through (g) as follows:172
208	192		"(c)(1) Upon receipt of an application for a hemp processor permit, the department shall173
209	193		conduct a criminal background check and is authorized to obtain a federal criminal174
210	194		history report in accordance with paragraph (2) of this subsection for an individual or, if175 23 LC 51 0363S
211	195		H. B. 458 (SUB)
212	196		- 8 -
213		-	the applicant is a business entity, all key participants seeking to obtain a hemp processor
214		-	176
215		-	permit. For renewal of any previously issued permit, such criminal background check
216		-	177
	197	+	the applicant is a business entity, all key participants seeking to obtain a hemp processor176
	198	+	permit. For renewal of any previously issued permit, such criminal background check177
217	199		or federal criminal history report shall be required every three years for each individual178
218	200		applicant or key participant who has previously undergone such.179
219	201		(2) At least one set of classifiable electronically recorded fingerprints of the individual180
220	202		applicant or, if the applicant is a business entity, one set of classifiable electronically181
221	203		recorded fingerprints of each key participant shall be submitted to the department in182
222	204		accordance with the fingerprint system of identification established by the director of the183
223	205		Federal Bureau of Investigation. The department shall transmit the fingerprints to the184
224	206		Georgia Crime Information Center, which shall submit the fingerprints to the Federal185
225	207		Bureau of Investigation for a search of bureau records and an appropriate report and shall186
226	208		promptly conduct a search of state records based upon the fingerprints. After receiving187
227	209		the report from the Georgia Crime Information Center and the Federal Bureau of188
228	210		Investigation, the department shall review the record for all individuals or key189
229	211		participants, as applicable. For renewal of any previously issued permit, such set of190
230	212		classifiable electronically recorded fingerprints shall not be required for any individual191
231	213		applicant or key participant who has already submitted such.192
232	214		(3) No permit shall be issued to any applicant who has been convicted of a misdemeanor193
233	215		involving sale of or trafficking in a controlled substance or a felony related to a state or194
234	216		federally controlled substance within ten years of the date of application or who195
235	217		materially falsifies any information contained in a license application.196
236	218		(d) The department shall annually accept applications for hemp processor permits to be197
237	219		issued by the department and renew on an annual basis.198
238	220		(e) Hemp processor permits shall be issued for one five calendar year years at an annual199
239	221		a permit fee of $25,000.00, to be paid in annual installments of $5,000.00, so long as no200
240	222		administrative action has been taken by the department regarding such permittee under this201
241	223		chapter. If annual permit fee installments are not paid according to the preapproved202 23 LC 51 0363S
242	224		H. B. 458 (SUB)
243	225		- 9 -
244	226		schedule, the department may revoke the permit. The department may annually require a203
245	227		signed affidavit stating that the permittee has not had a material change to his or her permit204
246	228		eligibility.205
247	229		(f) Issuance of any hemp processor permit shall be conditioned upon the permittee's206
248	230		compliance with Code Section 2-23-7 prior to initiating hemp processing activities.207
249	231		(g) A permittee may also apply for and be issued no more than one hemp grower license."208
250	232		SECTION 4.209
251	233		Said chapter is further amended in Code Section 2-23-6.1, relating to procedure for210
252	234		permitting and limitations on permits and interests, by revising subsection (a) as follows:211
253	235		"(a) Any applicant for a hemp processor permit shall make and deliver to the212
254	236		Commissioner a surety bond executed by a surety corporation authorized to transact213
255	237		business in this state and approved by the Commissioner. Any and all bond applications214
256	238		shall be accompanied by a certificate of good standing issued by the Commissioner of215
257	239		Insurance. If any company issuing a bond shall be removed from doing business in this216
258	240		state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner217
259	241		within 30 days. The bond shall be in such amount as the Commissioner may determine,218
260	242		not exceeding an amount equal to 2 percent of the amount of hemp purchased from219
261	243		licensees by the permittee in the most recent calendar year; provided, however, that the220
262	244		minimum amount of such bond shall be $300,000.00 and the maximum amount shall be221
263	245		$1 million $50,000.00. Such bond shall be upon a form prescribed or approved by the222
264	246		Commissioner and shall be conditioned to secure the faithful accounting for and payment223
265	247		to licensees for hemp purchased by such permittee as well as to secure the permittee's224
266	248		compliance with the requirements of this chapter. Whenever the Commissioner shall225
267	249		determine that a previously approved bond has for any cause become insufficient, the226
268	250		Commissioner may require an additional bond or bonds to be given in compliance with this227
269	251		Code section. Unless the additional bond or bonds are given within the time fixed by228 23 LC 51 0363S
270	252		H. B. 458 (SUB)
271	253		- 10 -
272		-	written demand therefor, or if the bond of a permittee is canceled, the permit of such
273		-	229
	254	+	written demand therefor, or if the bond of a permittee is canceled, the permit of such229
274	255		permittee shall be immediately revoked by operation of law without notice or hearing, and230
275	256		such permittee shall be ineligible to reapply for such permit for a period of four years after231
276	257		such revocation."232
277	258		SECTION 5.233
278	259		Said chapter is further amended by adding a new Code section to read as follows:234
279		-	"2-23-6.2.
280		-	235
	260	+	"2-23-6.2.235
281	261		(a) A retail consumable hemp establishment license shall be issued by the department.236
282	262		Such license shall be issued for one calendar year at an annual permit fee of $250.00.237
283	263		(b) A wholesale consumable hemp establishment license shall be issued by the department.238
284	264		Such license shall be issued for one calendar year at an annual permit fee of $1,500.00.239
285	265		(c) No retail establishment shall sell or offer for sale any consumable hemp product in this240
286	266		state without first obtaining a retail consumable hemp establishment license issued by the241
287	267		department.242
288	268		(d) No person shall act as a wholesaler or distributer of consumable hemp products in this243
289	269		state without first obtaining a wholesale consumable hemp establishment license issued by244
290	270		the department."245
291	271		SECTION 6.246
292	272		Said chapter is further amended by adding new Code sections to read as follows:247
293	273		"2-23-9.1.248
294	274		(a) No consumable hemp product shall be sold or otherwise distributed in this state unless249
295	275		the manufacturer has, within the last 12 months, contracted for a full-panel certificate of250
296	276		analysis to be conducted on such product and such analysis has been designated as passing.251
297	277		(b) Any consumable hemp product sold or otherwise distributed in this state shall bear252
298	278		conspicuous labeling providing the information from a passing certificate of analysis253 23 LC 51 0363S
299	279		H. B. 458 (SUB)
300	280		- 11 -
301	281		conducted on the product within the last 12 months or allowing a consumer to access such254
302	282		information using a QR code.255
303	283		(c) The department shall randomly test consumable hemp products available for purchase256
304	284		at retail consumable hemp establishments to ensure compliance with this Code section.257
305	285		Such testing shall be conducted in compliance with this chapter and with regulations258
306	286		promulgated by the department.259
307	287		(d) In the event that a test sample reveals a concentration of delta-9-THC and esters of260
308	288		delta-9-THC of more than 0.3 percent on a dry-weight basis, all related hemp products261
309	289		shall be disposed of in compliance with this chapter and with regulations promulgated by262
310	290		the department.263
311	291		2-23-9.2.264
312	292		Any consumable hemp product shall have a maximum total concentration of any265
313	293		combination of delta-9-THC, isomers of delta-9-THC, and esters of delta-9-THC of 25mg266
314	294		per individual dose and 500mg per individual package."267
315	295		SECTION 7.268
316	296		Said chapter is further amended in Code Section 2-23-11, relating to plan for regulation and269
317	297		approval, by adding a new subsection to read as follows:270
318	298		"(c) The department may submit an amended plan to the secretary of agriculture of the271
319	299		United States if or when required by any amendment to this chapter, the rules and272
320	300		regulations promulgated by the department pursuant to this chapter, or any federal law or273
321	301		regulation."274
322	302		SECTION 8.275
323	303		Said chapter is further amended in Code Section 2-23-12, relating to rules and regulations,276
324	304		as follows:277 23 LC 51 0363S
325	305		H. B. 458 (SUB)
326	306		- 12 -
327		-	"2-23-12.
328		-	278
329		-	The department, in consultation with the Georgia Bureau of Investigation, shall
330		-	may279
	307	+	"2-23-12.278
	308	+	The department, in consultation with the Georgia Bureau of Investigation, shall may279
331	309		promulgate rules and regulations as necessary to implement the provisions of this chapter.280
332	310		Such rules and regulations shall include the plan provided for in Code Section 2-23-11281
333	311		upon the approval of such plan by the secretary of agriculture of the United States."282
334	312		SECTION 9.283
335	313		Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against284
336	314		public health and morals, is amended by adding a new article to read as follows:285
337	315		"ARTICLE 10286
338	316		16-12-240.287
339	317		As used in this article, the term:288
340	318		(1) 'Community service' means a public service which an individual under the age of 21289
341	319		years might appropriately be required to perform as punishment for certain offenses290
342	320		provided for in this article as determined by a court of competent jurisdiction.291
343	321		(2) 'Consumable hemp products' has the same meaning as provided in Code292
344	322		Section 2-23-3.293
345	323		(3) 'Person' means any natural person or any firm, partnership, company, corporation, or294
346	324		other entity.295
347	325		(4) 'Proper identification' means any document issued by a governmental agency that296
348	326		contains a description of an individual, such individual's photograph, or both; provides297
349	327		such individual's date of birth; and includes, without being limited to, a passport, military298
350	328		identification card, driver's license, or an identification card authorized under Code299
351	329		Sections 40-5-100 through 40-5-104. Proper identification shall not include a birth300
352	330		certificate.301 23 LC 51 0363S
353	331		H. B. 458 (SUB)
354	332		- 13 -
355	333		16-12-241.302
356	334		(a)(1) It shall be unlawful for any person to knowingly:303
357	335		(A) Sell or barter, directly or indirectly, any consumable hemp product to any304
358	336		individual under the age of 21 years;305
359	337		(B) Purchase any consumable hemp product for any individual under the age of 21306
360	338		years; or307
361	339		(C) Advise, counsel, or compel any individual under the age of 21 years to smoke,308
362	340		inhale, chew, or use consumable hemp products.309
363	341		(2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply310
364	342		with respect to the sale of consumable hemp products by a person when such person has311
365	343		been furnished with proper identification showing that the individual to whom the312
366	344		consumable hemp products are sold is 21 years of age or older.313
367	345		(B) In any case where a reasonable or prudent person could reasonably be in doubt as314
368	346		to whether or not the individual to whom consumable hemp products are to be sold or315
369	347		otherwise furnished is 21 years of age or older, it shall be the duty of the person selling316
370	348		or otherwise furnishing such consumable hemp products to request to see and to be317
371	349		furnished with proper identification in order to verify the age of such individual. The318
372	350		failure to make such request and verification in any case where the individual to whom319
373	351		the consumable hemp products are sold or otherwise furnished is less than 21 years of320
374	352		age may be considered by the trier of fact in determining whether the person who sold321
375	353		or otherwise furnished such consumable hemp products did so knowingly.322
376	354		(3) Any person that violates this subsection shall be guilty of a misdemeanor.323
377	355		(b)(1) It shall be unlawful for any individual under the age of 21 years to:324
378	356		(A) Purchase, attempt to purchase, or possess for personal use any consumable hemp325
379	357		products; or326
380	358		(B) Misrepresent his or her identity or age or use any false identification for the327
381	359		purpose of purchasing or procuring any consumable hemp products.328 23 LC 51 0363S
382	360		H. B. 458 (SUB)
383	361		- 14 -
384	362		(2) An individual under the age of 21 years who commits an offense provided for in329
385	363		paragraph (1) of this subsection or in paragraph (1) of subsection (a) of this Code section330
386	364		shall be punished by requiring the performance of community service not to exceed 20331
387	365		hours that may be related to the awareness of the health hazards of consumable hemp332
388	366		product use.333
389	367		16-12-242.334
390	368		(a) Any person owning or operating a place of business in which consumable hemp335
391	369		products are sold or offered for sale shall post in a conspicuous place a sign which shall336
392	370		contain the following statement:337
393	371		'SALE OF CONSUMABLE HEMP PRODUCTS TO INDIVIDUALS UNDER 21338
394	372		YEARS OF AGE IS PROHIBITED BY LAW.'339
395	373		Such sign shall be printed in letters of at least one-half inch in height.340
396	374		(b) Any person that fails to comply with the requirements of subsection (a) of this Code341
397	375		section shall be guilty of a misdemeanor.342
398	376		16-12-243.343
399	377		(a) As used in this Code section, the term 'consumable hemp product sample' means a344
400	378		consumable hemp product distributed to members of the general public at no cost for345
401	379		purposes of promoting the product.346
402	380		(b) It shall be unlawful for any person to distribute any consumable hemp product sample347
403	381		to any individual under the age of 21 years.348
404	382		(c) A person distributing consumable hemp product samples shall require proof of age349
405	383		from a prospective recipient in any case where a reasonable or prudent person could350
406	384		conclude on the basis of appearance that such prospective recipient may be under the age351
407	385		of 21 years.352 23 LC 51 0363S
408	386		H. B. 458 (SUB)
409	387		- 15 -
410	388		(d) It shall be unlawful for any individual under the age of 21 years to receive or attempt353
411	389		to receive any consumable hemp product sample.354
412	390		(e) No person shall distribute consumable hemp product samples on any public street,355
413	391		sidewalk, or park within 500 feet of any school or playground when such facilities are356
414	392		being used primarily by individuals under the age of 21 years.357
415	393		(f) A violation of subsection (b), (c), or (e) of this Code section shall be punished as a358
416	394		misdemeanor. A violation of subsection (d) of this Code section shall be punished as359
417	395		provided for in paragraph (2) of subsection (b) of Code Section 16-12-171.360
418	396		16-12-244.361
419	397		(a) The provisions of this article shall be enforced through actions brought in any court of362
420	398		competent jurisdiction by the prosecuting district attorney for the county in which the363
421	399		alleged violation occurred as well as through administrative citations issued by special364
422	400		agents or enforcement officers of the Commissioner of Agriculture. Any fine collected for365
423	401		a violation of such provisions shall be paid to the clerk of the court of the jurisdiction in366
424	402		which the violation occurred. Upon receipt of a fine for any violation of such provision,367
425	403		such clerk shall promptly notify the Commissioner of Agriculture of the violation.368
426	404		(b) The Commissioner of Agriculture, acting through special agents or enforcement369
427	405		officers, shall annually conduct random, unannounced inspections at locations where370
428	406		consumable hemp products are sold or distributed to ensure compliance with this article.371
429	407		Individuals under the age of 21 years may be enlisted to test compliance with this article;372
430	408		provided, however, that such individuals may be used to test compliance with this article373
431	409		only if the testing is conducted under the direct supervision of such special agents or374
432	410		enforcement officers and written parental consent for such individuals has been provided.375
433	411		Any other use of individuals under the age of 21 years to test compliance with this article376
434	412		or any other similar provisions shall be unlawful, and the person or persons responsible for377
435	413		such use shall be subject to the penalties prescribed in this article.378 23 LC 51 0363S
436	414		H. B. 458 (SUB)
437	415		- 16 -
438	416		16-12-245.379
439	417		The Commissioner of Agriculture is authorized to make reasonable rules and regulations380
440	418		for the administration and enforcement of this article. The Commissioner of Agriculture381
441	419		may designate employees of the Department of Agriculture for the purpose of382
442	420		administering and enforcing this article and may delegate to employees of such department383
443	421		any of the duties required of the Commissioner of Agriculture pursuant to this article."384
444	422		SECTION 10.385
445	423		Sections 1 through 4 and 6 through 11 of this Act shall become effective upon its approval386
446	424		by the Governor or upon its becoming law without such approval. Section 5 of this Act shall387
447	425		become effective January 1, 2024.388
448	426		SECTION 11.389
449	427		All laws and parts of laws in conflict with this Act are repealed.390