25 LC 55 0397
House Bill 265
By: Representatives Sainz of the 180
th
, Cooper of the 45
th
, Stephens of the 164
th
, and
Townsend of the 179
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia
1
Hemp Farming Act," so as to provide limits on the total concentration of THC and other2
intoxicating cannabinoids in consumable hemp products; to revise provisions concerning the3
certificate of analysis applicable to consumable hemp products; to provide criminal penalties;4
to provide limits on the milligrams of THC and other intoxicating cannabinoids in5
consumable hemp products in the form of gummies; to revise and provide for definitions; to6
provide for related matters; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Hemp10
Farming Act," is amended by revising Code Section 2-23-3, relating to definitions, as11
follows:12
"2-23-3.13
As used in this chapter, the term:14
(1) 'Attractive to children' means the use of any characters or symbols designed to15
appeal, or would likely appeal, primarily to individuals under 21 years of age, including16
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but not limited to anthropomorphized animals, creatures, promotional characters, licensed
17
characters, or inanimate objects; depictions of children; or depictions of candy.18
(2) 'Commercial sale' means the sale of products in the stream of commerce at retail, at19
wholesale, and online.20
(3) 'Consumable hemp product' means a hemp product intended to be ingested, absorbed,21
or inhaled by humans or animals.22
(4) 'Contaminant' means a foreign substance or compound that may, if ingested,23
absorbed, or inhaled, have an adverse effect on the health of a human or animal. Such24
term shall include, without limitation, heavy metals, pesticide residues, residual solvents25
or processing chemicals, and any other substance or compound that the department26
determines could, if ingested, absorbed, or inhaled, have an adverse effect on the health27
of a human or animal.28
(5) 'Cultivate' means to plant, water, grow, and harvest a plant or crop.29
(6) 'Delta-9-THC' means delta-9-tetrahydrocannabinol.30
(7) 'Delta-9-THCA' means delta-9-tetrahydrocannabinolic acid.31
(8) Reserved.32
(9) 'Full panel certificate of analysis' means a report, produced by a laboratory which is33
unaffiliated with the processor or manufacturer and which has been accredited pursuant34
to the standards of the International Organization for Standardization for the competence,35
impartiality, and consistent operation of laboratories, attesting to the composition of a36
product.37
(10) 'Handle' means to possess or store hemp plants for any period of time other than38
during the actual transport of such plants from the premises of a person licensed to39
cultivate or permitted to process hemp or a college or university authorized to conduct40
research pursuant to Code Section 2-23-4 to the premises of another licensed or permitted41
person or to a college or university authorized to conduct research pursuant to Code42
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Section 2-23-4; provided, however, that such term shall not include possessing or storing
43
finished hemp products.44
(11) 'Hemp' means the Cannabis sativa L. plant and any part of such plant, including the45
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts46
of isomers, whether growing or not, with a total delta-9-THC concentration that does not47
exceed the legal limit.48
(12) 'Hemp grower licensee' means an individual or business entity possessing a hemp49
grower license issued by the department under the authority of this chapter to handle and50
cultivate hemp in the State of Georgia.51
(13) 'Hemp products' means all products with a total delta-9-THC concentration that does52
not exceed the legal limit that are derived from, or made by, processing hemp plants or53
plant parts and that are prepared in a form available for commercial sale.54
(14) 'Industrial hemp product' means any hemp product that is not a consumable hemp55
product.56
(15) 'Key participant' means a sole proprietor, a partner in a partnership, or a person with57
executive managerial control in a corporation when such sole proprietor, partnership, or58
corporation is an applicant to be a hemp grower licensee or a permittee. A person with59
executive managerial control in a corporation includes persons serving as a chief60
executive officer, chief operating officer, chief financial officer, or any other individual61
identified in regulations promulgated by the department. Such term shall not include62
nonexecutive managers, such as farm, field, or shift managers.63
(16) 'Legal limit' means a total delta-9-THC concentration that is the lesser of:64
(A) 0.3 percent; or65
(B) The percentage limit set forth in 7 U.S.C. Section 1639o.66
(17) 'Licensee' means an individual or business entity possessing a license issued by the67
department under the authority of this chapter.68
(18) 'Manufacture' means to create, produce, manipulate, combine, or package.69
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(19) 'Manufacturer license' means a license issued by the department under the authority
70
of this chapter to an individual or business entity that manufactures consumable hemp71
products or industrial hemp products in this state.72
(20) 'Measurement of uncertainty' means the parameter, associated with the result of a73
measurement, that characterizes the dispersion of the values that could reasonably be74
attributed to the particular quantity subject to measurement.75
(21) 'Permittee' means an individual or business entity possessing a hemp processor76
permit issued by the department under the authority of this chapter to handle and process77
hemp in the State of Georgia.78
(22)(A) 'Process' or 'processing,' except as otherwise provided in subparagraph (B) of79
this paragraph, means converting an agricultural commodity into a legally marketable80
form.81
(B) Such term shall not include:82
(i) Merely placing raw or dried material into another container or packaging raw or83
dried material for resale; or84
(ii) Traditional farming practices such as those commonly known as drying, shucking85
and bucking, storing, trimming, and curing.86
(23) 'QR code' means a quick response code that is a type of machine-readable,87
two-dimensional barcode that stores information about a product.88
(24) 'Registered laboratory' means an individual or business entity that tests or analyzes89
any plant within the genus Cannabis, including but not limited to hemp, and products90
made from or derived from such plant, including but not limited to hemp products and91
consumable hemp products, and that has registered with the department under this92
chapter.93
(25) 'Research' or 'researching' means experimental field, greenhouse, or laboratory94
activity for the ultimate purpose of developing new hemp varieties and products,95
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improving existing hemp products, developing new uses for existing hemp products, or
96
developing or improving methods for producing hemp products.97
(26) 'Retail consumable hemp establishment license' means a license issued by the98
department under the authority of this chapter to an individual or business entity that99
prepares or sells prepackaged consumable hemp products to consumers.100
(27) 'THC' means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination
101
of tetrahydrocannabinol and tetrahydrocannabinolic acid.102
(28) 'THC and other intoxicating cannabinoids' means and includes:103
(A) THC and any isomers, derivatives, salts, isomers of salts, analogues, halogen104
analogues, or homologues of THC, including, but not limited to,105
delta-8-tetrahydrocannabinol (delta-8-THC), delta-9-tetrahydrocannabinol106
(delta-9-THC), delta-10-tetrahydrocannabinol (delta-10-THC),107
delta-11-tetrahydrocannabinol (delta-11-THC), tetrahydrocannabinolic acid (THCA),108
exo-tetrahydrocannabinol (exo-THC), THC-O-acetate (THC-OA), THC-O-phosphate109
(THC-O), tetrahydrocannabiphorol (THCP), tetrahydrocannabivarin (THCV),110
tetrahydrocannabihexol (THCH), tetrahydrocannabioctyl (THCJD), and111
tetrahydrocannabutol (THCB);112
(B) Cannabinol (CBN) and any isomers, derivatives, salts, isomers of salts, analogues,113
halogen analogues, or homologues of CBN; and114
(C) Hexahydrocannabinol (HHC) and any isomers, derivatives, salts, isomers of salts,115
analogues, halogen analogues, or homologues of HHC.116
(29) 'Total concentration of THC and other intoxicating cannabinoids' means the117
concentration of all THC and other intoxicating cannabinoids within a sample.118
(28)(30) 'Total delta-9-THC concentration' means a concentration of delta-9-THC as119
determined by Code Section 2-23-3.1.120
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(29)(31) 'Wholesale consumable hemp license' means a license issued by the department121
under the authority of this chapter to an individual or business entity that sells, in bulk,122
prepackaged consumable hemp products to retail consumable hemp establishment123
licensees or to other retail establishments located outside of the State of Georgia that are124
authorized to sell consumable hemp products to consumers in the jurisdiction where such125
establishments are located."126
SECTION 2.127
Said chapter is further amended by revising Code Section 2-23-9.1, relating to consumable128
hemp products, certificate of analysis, THC warning, and inspections, as follows:129
"2-23-9.1.130
(a) No consumable hemp product shall be sold or otherwise distributed in this state if such131
product has a total concentration of THC and other intoxicating cannabinoids that exceeds132
0.3 percent, determined on a dry weight basis where applicable.133
(b) No consumable hemp product shall be sold or otherwise distributed in this state unless134
the processor or manufacturer has, within the last 12 months, contracted for a full panel135
certificate of analysis to be conducted on such product and such analysis has been136
conducted and made available to the public. Such full panel certificate of analysis shall,137
at a minimum:138
(1) Attest to the presence and amount, in such product's final packaged form, of the139
following compounds or groups of compounds:140
(A) THC and other intoxicating cannabinoids;141
(B) Cannabidiol (CBD);142
(C) Cannabidiolic acid (CBDA);143
(D) Cannabigerol (CBG);144
(E) Cannabigerolic acid (CBGA); and145
(F) Cannabinol (CBN);146
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(G) Hexahydrocannabinol (HHC); and147
(H)(F) Any other compound or groups of compounds that the department determines148
is necessary to protect the health and safety of consumers; and149
(2) Attest that the product, in its final packaged form, does not contain any contaminants150
in excess of the maximum levels established by the department. In establishing such151
maximum levels, the department shall consider the American Herbal Pharmacopoeia152
monographs or such other scientific resources that the department determines is accurate,153
reliable, and relevant.154
(b)(c) Any consumable hemp product sold or otherwise distributed in this state shall bear:155
(1) A sticker, approved by the department, warning potential consumers that such156
product contains THC and other intoxicating cannabinoids; and157
(2) A conspicuous label providing the information from the full panel certificate of158
analysis conducted on such product within the last 12 months pursuant to subsection (a)159
(b) of this Code section or allowing a consumer to access such information using a QR160
code.161
(c)(d) The department shall randomly inspect and test consumable hemp products162
available for purchase at retail establishments to ensure compliance with this Code section. 163
Such investigations and testing shall be conducted in compliance with this chapter and with164
the rules and regulations promulgated by the department.165
(d)(e) In the event that an inspection or test of a consumable hemp product conducted by166
the department pursuant to subsection (c) (d) of this Code section reveals that such product:167
(1) Does not bear:168
(A) The sticker required under paragraph (1) of subsection (b) (c) of this Code section;169
or170
(B) The label required under paragraph (2) of subsection (b) (c) of this Code section;171
(2) Has a total delta-9-THC concentration that exceeds the legal limit;172
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(3) Has a total concentration of THC and other intoxicating cannabinoids that exceeds173
0.3 percent;174
(3)(4) Contains one or more contaminants in excess of the maximum levels established175
by the department; or176
(4)(5) Has a composition that is materially different from what is shown on the full panel177
certificate of analysis conducted on such product within the last 12 months pursuant to178
subsection (a) (b) of this Code section,179
such product and all related consumable hemp products shall be disposed of in compliance180
with this chapter and with the rules and regulations promulgated by the department.181
(e)(f) Any person who violates the provisions of subsection (a), (b), or (b) (c) of this Code182
section shall be guilty of a misdemeanor."183
SECTION 3.184
Said chapter is further amended in Code Section 2-23-9.2, relating to consumable hemp185
products, packaging, and advertising, by revising subsection (c) as follows:186
"(c)(1) As used in this subsection, the term:187
(A) 'Food product' means any product intended to be consumed by humans for physical188
subsistence; provided, however, that such term shall not include products that constitute189
drinks or beverages.190
(B) 'Gummy' means a gelatinous substance in the form of a cube, sphere, prismatoid,191
ovoid, or other shape that is designed for human ingestion.192
(2) No consumable hemp product shall be sold or otherwise distributed in this state if193
such product constitutes or is a component of:194
(A) A food product; or195
(B) A drink or beverage that contains alcohol or constitutes an alcoholic beverage196
under Title 3.197
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(3) Nothing in this subsection paragraph is intended to prohibit the sale or distribution198
of hemp that is contained within gummies or consumable base oils, provided that such199
gummies or consumable base oils are not a component of a food product.200
(3) No consumable hemp product in the form of a gummy shall be sold or otherwise201
distributed in this state unless such product has no more than five milligrams of THC and202
other intoxicating cannabinoids per serving and, if such product is sold or otherwise203
distributed in a container with more than one serving, no more than 150 milligrams of204
THC and other intoxicating cannabinoids per container."205
SECTION 4.206
All laws and parts of laws in conflict with this Act are repealed.207
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