GA
Georgia House Bill HB265

Georgia 2025-2026 Regular Session

Georgia House Bill HB265 Compare Versions

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11 25 LC 55 0397
22 House Bill 265
33 By: Representatives Sainz of the 180
44 th
55 , Cooper of the 45
66 th
77 , Stephens of the 164
88 th
99 , and
1010 Townsend of the 179
1111 th
1212
1313 A BILL TO BE ENTITLED
1414 AN ACT
1515 To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia
1616 1
1717 Hemp Farming Act," so as to provide limits on the total concentration of THC and other2
1818 intoxicating cannabinoids in consumable hemp products; to revise provisions concerning the3
1919 certificate of analysis applicable to consumable hemp products; to provide criminal penalties;4
2020 to provide limits on the milligrams of THC and other intoxicating cannabinoids in5
2121 consumable hemp products in the form of gummies; to revise and provide for definitions; to6
2222 provide for related matters; to repeal conflicting laws; and for other purposes.7
2323 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
2424 SECTION 1.9
2525 Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Hemp10
2626 Farming Act," is amended by revising Code Section 2-23-3, relating to definitions, as11
2727 follows:12
2828 "2-23-3.13
2929 As used in this chapter, the term:14
3030 (1) 'Attractive to children' means the use of any characters or symbols designed to15
3131 appeal, or would likely appeal, primarily to individuals under 21 years of age, including16
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3434 but not limited to anthropomorphized animals, creatures, promotional characters, licensed
3535 17
3636 characters, or inanimate objects; depictions of children; or depictions of candy.18
3737 (2) 'Commercial sale' means the sale of products in the stream of commerce at retail, at19
3838 wholesale, and online.20
3939 (3) 'Consumable hemp product' means a hemp product intended to be ingested, absorbed,21
4040 or inhaled by humans or animals.22
4141 (4) 'Contaminant' means a foreign substance or compound that may, if ingested,23
4242 absorbed, or inhaled, have an adverse effect on the health of a human or animal. Such24
4343 term shall include, without limitation, heavy metals, pesticide residues, residual solvents25
4444 or processing chemicals, and any other substance or compound that the department26
4545 determines could, if ingested, absorbed, or inhaled, have an adverse effect on the health27
4646 of a human or animal.28
4747 (5) 'Cultivate' means to plant, water, grow, and harvest a plant or crop.29
4848 (6) 'Delta-9-THC' means delta-9-tetrahydrocannabinol.30
4949 (7) 'Delta-9-THCA' means delta-9-tetrahydrocannabinolic acid.31
5050 (8) Reserved.32
5151 (9) 'Full panel certificate of analysis' means a report, produced by a laboratory which is33
5252 unaffiliated with the processor or manufacturer and which has been accredited pursuant34
5353 to the standards of the International Organization for Standardization for the competence,35
5454 impartiality, and consistent operation of laboratories, attesting to the composition of a36
5555 product.37
5656 (10) 'Handle' means to possess or store hemp plants for any period of time other than38
5757 during the actual transport of such plants from the premises of a person licensed to39
5858 cultivate or permitted to process hemp or a college or university authorized to conduct40
5959 research pursuant to Code Section 2-23-4 to the premises of another licensed or permitted41
6060 person or to a college or university authorized to conduct research pursuant to Code42
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6363 Section 2-23-4; provided, however, that such term shall not include possessing or storing
6464 43
6565 finished hemp products.44
6666 (11) 'Hemp' means the Cannabis sativa L. plant and any part of such plant, including the45
6767 seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts46
6868 of isomers, whether growing or not, with a total delta-9-THC concentration that does not47
6969 exceed the legal limit.48
7070 (12) 'Hemp grower licensee' means an individual or business entity possessing a hemp49
7171 grower license issued by the department under the authority of this chapter to handle and50
7272 cultivate hemp in the State of Georgia.51
7373 (13) 'Hemp products' means all products with a total delta-9-THC concentration that does52
7474 not exceed the legal limit that are derived from, or made by, processing hemp plants or53
7575 plant parts and that are prepared in a form available for commercial sale.54
7676 (14) 'Industrial hemp product' means any hemp product that is not a consumable hemp55
7777 product.56
7878 (15) 'Key participant' means a sole proprietor, a partner in a partnership, or a person with57
7979 executive managerial control in a corporation when such sole proprietor, partnership, or58
8080 corporation is an applicant to be a hemp grower licensee or a permittee. A person with59
8181 executive managerial control in a corporation includes persons serving as a chief60
8282 executive officer, chief operating officer, chief financial officer, or any other individual61
8383 identified in regulations promulgated by the department. Such term shall not include62
8484 nonexecutive managers, such as farm, field, or shift managers.63
8585 (16) 'Legal limit' means a total delta-9-THC concentration that is the lesser of:64
8686 (A) 0.3 percent; or65
8787 (B) The percentage limit set forth in 7 U.S.C. Section 1639o.66
8888 (17) 'Licensee' means an individual or business entity possessing a license issued by the67
8989 department under the authority of this chapter.68
9090 (18) 'Manufacture' means to create, produce, manipulate, combine, or package.69
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9393 (19) 'Manufacturer license' means a license issued by the department under the authority
9494 70
9595 of this chapter to an individual or business entity that manufactures consumable hemp71
9696 products or industrial hemp products in this state.72
9797 (20) 'Measurement of uncertainty' means the parameter, associated with the result of a73
9898 measurement, that characterizes the dispersion of the values that could reasonably be74
9999 attributed to the particular quantity subject to measurement.75
100100 (21) 'Permittee' means an individual or business entity possessing a hemp processor76
101101 permit issued by the department under the authority of this chapter to handle and process77
102102 hemp in the State of Georgia.78
103103 (22)(A) 'Process' or 'processing,' except as otherwise provided in subparagraph (B) of79
104104 this paragraph, means converting an agricultural commodity into a legally marketable80
105105 form.81
106106 (B) Such term shall not include:82
107107 (i) Merely placing raw or dried material into another container or packaging raw or83
108108 dried material for resale; or84
109109 (ii) Traditional farming practices such as those commonly known as drying, shucking85
110110 and bucking, storing, trimming, and curing.86
111111 (23) 'QR code' means a quick response code that is a type of machine-readable,87
112112 two-dimensional barcode that stores information about a product.88
113113 (24) 'Registered laboratory' means an individual or business entity that tests or analyzes89
114114 any plant within the genus Cannabis, including but not limited to hemp, and products90
115115 made from or derived from such plant, including but not limited to hemp products and91
116116 consumable hemp products, and that has registered with the department under this92
117117 chapter.93
118118 (25) 'Research' or 'researching' means experimental field, greenhouse, or laboratory94
119119 activity for the ultimate purpose of developing new hemp varieties and products,95
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122122 improving existing hemp products, developing new uses for existing hemp products, or
123123 96
124124 developing or improving methods for producing hemp products.97
125125 (26) 'Retail consumable hemp establishment license' means a license issued by the98
126126 department under the authority of this chapter to an individual or business entity that99
127127 prepares or sells prepackaged consumable hemp products to consumers.100
128128 (27) 'THC' means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination
129129 101
130130 of tetrahydrocannabinol and tetrahydrocannabinolic acid.102
131131 (28) 'THC and other intoxicating cannabinoids' means and includes:103
132132 (A) THC and any isomers, derivatives, salts, isomers of salts, analogues, halogen104
133133 analogues, or homologues of THC, including, but not limited to,105
134134 delta-8-tetrahydrocannabinol (delta-8-THC), delta-9-tetrahydrocannabinol106
135135 (delta-9-THC), delta-10-tetrahydrocannabinol (delta-10-THC),107
136136 delta-11-tetrahydrocannabinol (delta-11-THC), tetrahydrocannabinolic acid (THCA),108
137137 exo-tetrahydrocannabinol (exo-THC), THC-O-acetate (THC-OA), THC-O-phosphate109
138138 (THC-O), tetrahydrocannabiphorol (THCP), tetrahydrocannabivarin (THCV),110
139139 tetrahydrocannabihexol (THCH), tetrahydrocannabioctyl (THCJD), and111
140140 tetrahydrocannabutol (THCB);112
141141 (B) Cannabinol (CBN) and any isomers, derivatives, salts, isomers of salts, analogues,113
142142 halogen analogues, or homologues of CBN; and114
143143 (C) Hexahydrocannabinol (HHC) and any isomers, derivatives, salts, isomers of salts,115
144144 analogues, halogen analogues, or homologues of HHC.116
145145 (29) 'Total concentration of THC and other intoxicating cannabinoids' means the117
146146 concentration of all THC and other intoxicating cannabinoids within a sample.118
147147 (28)(30) 'Total delta-9-THC concentration' means a concentration of delta-9-THC as119
148148 determined by Code Section 2-23-3.1.120
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151151 (29)(31) 'Wholesale consumable hemp license' means a license issued by the department121
152152 under the authority of this chapter to an individual or business entity that sells, in bulk,122
153153 prepackaged consumable hemp products to retail consumable hemp establishment123
154154 licensees or to other retail establishments located outside of the State of Georgia that are124
155155 authorized to sell consumable hemp products to consumers in the jurisdiction where such125
156156 establishments are located."126
157157 SECTION 2.127
158158 Said chapter is further amended by revising Code Section 2-23-9.1, relating to consumable128
159159 hemp products, certificate of analysis, THC warning, and inspections, as follows:129
160160 "2-23-9.1.130
161161 (a) No consumable hemp product shall be sold or otherwise distributed in this state if such131
162162 product has a total concentration of THC and other intoxicating cannabinoids that exceeds132
163163 0.3 percent, determined on a dry weight basis where applicable.133
164164 (b) No consumable hemp product shall be sold or otherwise distributed in this state unless134
165165 the processor or manufacturer has, within the last 12 months, contracted for a full panel135
166166 certificate of analysis to be conducted on such product and such analysis has been136
167167 conducted and made available to the public. Such full panel certificate of analysis shall,137
168168 at a minimum:138
169169 (1) Attest to the presence and amount, in such product's final packaged form, of the139
170170 following compounds or groups of compounds:140
171171 (A) THC and other intoxicating cannabinoids;141
172172 (B) Cannabidiol (CBD);142
173173 (C) Cannabidiolic acid (CBDA);143
174174 (D) Cannabigerol (CBG);144
175175 (E) Cannabigerolic acid (CBGA); and145
176176 (F) Cannabinol (CBN);146
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179179 (G) Hexahydrocannabinol (HHC); and147
180180 (H)(F) Any other compound or groups of compounds that the department determines148
181181 is necessary to protect the health and safety of consumers; and149
182182 (2) Attest that the product, in its final packaged form, does not contain any contaminants150
183183 in excess of the maximum levels established by the department. In establishing such151
184184 maximum levels, the department shall consider the American Herbal Pharmacopoeia152
185185 monographs or such other scientific resources that the department determines is accurate,153
186186 reliable, and relevant.154
187187 (b)(c) Any consumable hemp product sold or otherwise distributed in this state shall bear:155
188188 (1) A sticker, approved by the department, warning potential consumers that such156
189189 product contains THC and other intoxicating cannabinoids; and157
190190 (2) A conspicuous label providing the information from the full panel certificate of158
191191 analysis conducted on such product within the last 12 months pursuant to subsection (a)159
192192 (b) of this Code section or allowing a consumer to access such information using a QR160
193193 code.161
194194 (c)(d) The department shall randomly inspect and test consumable hemp products162
195195 available for purchase at retail establishments to ensure compliance with this Code section. 163
196196 Such investigations and testing shall be conducted in compliance with this chapter and with164
197197 the rules and regulations promulgated by the department.165
198198 (d)(e) In the event that an inspection or test of a consumable hemp product conducted by166
199199 the department pursuant to subsection (c) (d) of this Code section reveals that such product:167
200200 (1) Does not bear:168
201201 (A) The sticker required under paragraph (1) of subsection (b) (c) of this Code section;169
202202 or170
203203 (B) The label required under paragraph (2) of subsection (b) (c) of this Code section;171
204204 (2) Has a total delta-9-THC concentration that exceeds the legal limit;172
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207207 (3) Has a total concentration of THC and other intoxicating cannabinoids that exceeds173
208208 0.3 percent;174
209209 (3)(4) Contains one or more contaminants in excess of the maximum levels established175
210210 by the department; or176
211211 (4)(5) Has a composition that is materially different from what is shown on the full panel177
212212 certificate of analysis conducted on such product within the last 12 months pursuant to178
213213 subsection (a) (b) of this Code section,179
214214 such product and all related consumable hemp products shall be disposed of in compliance180
215215 with this chapter and with the rules and regulations promulgated by the department.181
216216 (e)(f) Any person who violates the provisions of subsection (a), (b), or (b) (c) of this Code182
217217 section shall be guilty of a misdemeanor."183
218218 SECTION 3.184
219219 Said chapter is further amended in Code Section 2-23-9.2, relating to consumable hemp185
220220 products, packaging, and advertising, by revising subsection (c) as follows:186
221221 "(c)(1) As used in this subsection, the term:187
222222 (A) 'Food product' means any product intended to be consumed by humans for physical188
223223 subsistence; provided, however, that such term shall not include products that constitute189
224224 drinks or beverages.190
225225 (B) 'Gummy' means a gelatinous substance in the form of a cube, sphere, prismatoid,191
226226 ovoid, or other shape that is designed for human ingestion.192
227227 (2) No consumable hemp product shall be sold or otherwise distributed in this state if193
228228 such product constitutes or is a component of:194
229229 (A) A food product; or195
230230 (B) A drink or beverage that contains alcohol or constitutes an alcoholic beverage196
231231 under Title 3.197
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234234 (3) Nothing in this subsection paragraph is intended to prohibit the sale or distribution198
235235 of hemp that is contained within gummies or consumable base oils, provided that such199
236236 gummies or consumable base oils are not a component of a food product.200
237237 (3) No consumable hemp product in the form of a gummy shall be sold or otherwise201
238238 distributed in this state unless such product has no more than five milligrams of THC and202
239239 other intoxicating cannabinoids per serving and, if such product is sold or otherwise203
240240 distributed in a container with more than one serving, no more than 150 milligrams of204
241241 THC and other intoxicating cannabinoids per container."205
242242 SECTION 4.206
243243 All laws and parts of laws in conflict with this Act are repealed.207
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