GA
Georgia House Bill HB440

Georgia 2025-2026 Regular Session

Georgia House Bill HB440 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 25 LC 55 0484
22 House Bill 440
33 By: Representatives Clark of the 100
44 th
55 , Werkheiser of the 157
66 th
77 , Prince of the 132
88 nd
99 , Mathiak
1010 of the 82
1111 nd
1212 , Carpenter of the 4
1313 th
1414 , and others
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend various provisions of the Official Code of Georgia Annotated, so as to rename low
1818 1
1919 THC oil as medical cannabis; to amend Chapter 12 of Title 16, Article 2 of Chapter 13 of2
2020 Title 16, and Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated,3
2121 relating to offenses against the public health and morals, regulation of controlled substances,4
2222 and general provisions relative to the Department of Public Health, respectively, so as to5
2323 clarify and revise criminal penalties; to clarify and revise exemptions to criminal penalties;6
2424 to clarify provisions relating to the minimum distance licensees must be from covered7
2525 entities; to revise provisions relating to the Georgia Access to Medical Cannabis8
2626 Commission; to repeal the prohibition on certain manners of ingesting medical cannabis; to9
2727 exclude the lawful possession and control of medical cannabis from the provisions of the10
2828 Georgia Controlled Substances Act; to revise the list of diagnosed conditions for which a11
2929 medical cannabis registration card can be issued; to provide for conforming changes; to12
3030 revise and provide for definitions; to provide a short title; to provide for related matters; to13
3131 repeal conflicting laws; and for other purposes.14
3232 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
3333 H. B. 440
3434 - 1 - 25 LC 55 0484
3535 PART I
3636 16
3737 SECTION 1-1.17
3838 This Act shall be known and may be cited as the "Providing Effective Access to Cannabis18
3939 for Health (PEACH) Act."19
4040 PART II20
4141 SECTION 2-1.21
4242 Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by22
4343 replacing "low THC oil" and "Low THC oil" with "medical cannabis" and "Medical23
4444 cannabis", respectively, wherever such terms occur in:24
4545 (1) Code Section 2-11-36, relating to seeds used in production of low THC oil;25
4646 (2) Code Section 2-23-9.2, relating to consumable hemp products, packaging, advertising,26
4747 and distribution; and27
4848 (3) Code Section 2-23-9.3, relating to location of retail establishments selling or28
4949 distributing consumable hemp products.29
5050 SECTION 2-2.30
5151 Article 9 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to31
5252 access to medical cannabis, is amended by replacing "low THC oil" and "Low THC oil" with32
5353 "medical cannabis" and "Medical cannabis", respectively, and by replacing "Low THC Oil33
5454 Patient Registry" with "Medical Cannabis Patient Registry" wherever such terms occur in:34
5555 (1) Code Section 16-12-201, relating to prohibition against producing, growing,35
5656 manufacturing, or dispensing low THC oil or products;36
5757 (2) Code Section 16-12-203, relating to powers, duties, and responsibilities;37
5858 H. B. 440
5959 - 2 - 25 LC 55 0484
6060 (3) Code Section 16-12-204, relating to nontransferable designated university licenses to
6161 38
6262 produce low THC oil and products, research and reporting of collected information, and39
6363 license revocation;40
6464 (4) Code Section 16-12-206, relating to annual, nontransferable dispensing license,41
6565 adoption of rules, and fees;42
6666 (5) Code Section 16-12-210, relating to powers, duties, and responsibilities of the Georgia43
6767 Access to Medical Cannabis Commission, no undue burden on patients, and remission of44
6868 fees;45
6969 (6) Code Section 16-12-211, relating to class 1 production licenses, application fee,46
7070 revocation, and limitation on ownership;47
7171 (7) Code Section 16-12-212, relating to class 2 production licenses, application fees,48
7272 revocation, and limitation on ownership;49
7373 (8) Code Section 16-12-213, relating to tracking system requirements;50
7474 (9) Code Section 16-12-216, relating to Bureau of Investigation, Access to Medical51
7575 Cannabis Commission, and Composite Medical Board to jointly establish procedures to52
7676 ensure compliance;53
7777 (10) Code Section 16-12-217, relating to on-demand access to facilities, provision of54
7878 samples, testing, and secured transportation;55
7979 (11) Code Section 16-12-225, relating to criminal offenses and penalties;56
8080 (12) Code Section 16-12-226, relating to sales and use taxes applicable;57
8181 (13) Code Section 16-12-233, relating to contracts not against public policy;58
8282 (14) Code Section 16-12-235, relating to research in compliance with federal regulations;59
8383 and60
8484 (15) Code Section 16-12-235.1, relating to possession of low THC oil and products by61
8585 colleges and universities for research purposes, permitting requirements, and inspection.62
8686 H. B. 440
8787 - 3 - 25 LC 55 0484
8888 SECTION 2-3.
8989 63
9090 Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general64
9191 provisions relative to torts, is amended by revising Code Section 51-1-29.6, relating to65
9292 liability of health care institutions and providers regarding low THC oil, as follows:66
9393 "51-1-29.6.67
9494 (a) As used in this Code section, the term:68
9595 (1) 'Caregiver' shall have the same meaning as set forth in Code Section 31-2A-18.69
9696 (2) 'Health care
9797 Healthcare institution' shall have the same meaning as set forth in Code70
9898 Section 51-1-29.5.71
9999 (3) 'Health care Healthcare provider' means any person licensed, certified, or registered72
100100 under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or Chapter 473
101101 of Title 26.74
102102 (4) 'Low THC oil Medical cannabis' shall have the same meaning as set forth in Code75
103103 Section 16-12-190.76
104104 (5) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.77
105105 (b) A health care healthcare institution shall not be subject to any civil liability, penalty,78
106106 licensing sanction, or other detrimental action and a health care healthcare provider shall79
107107 not be subject to any civil liability, penalty, denial of a right or privilege, disciplinary80
108108 action by a professional licensing board, or other detrimental action for allowing an81
109109 individual or caregiver to possess, administer, or use low THC oil medical cannabis or82
110110 products on the premises of a health care healthcare institution or offices of a health care83
111111 healthcare provider, provided that the possession of such substance is in accordance with84
112112 the laws of this state."85
113113 H. B. 440
114114 - 4 - 25 LC 55 0484
115115 PART III
116116 86
117117 SECTION 3-1.87
118118 Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against88
119119 the public health and morals, is amended by revising Article 8, relating to regulation of low89
120120 THC oil, as follows:90
121121 "ARTICLE 891
122122 16-12-190.92
123123 As used in this article, the term:
124124 93
125125 (1) 'Commission' shall have the same meaning as set forth in Code Section 16-12-200.94
126126 (2) 'Designated university' shall have the same meaning as set forth in Code Section95
127127 16-12-200.96
128128 (3) 'Georgia based college or university' means a college or university located in this97
129129 state that has a permit issued by the commission pursuant to Code Section 16-12-235.198
130130 to possess medical cannabis or products.99
131131 (4) 'Independent laboratory' means a laboratory approved by the commission pursuant100
132132 to Code Section 16-12-217 to test medical cannabis or products.101
133133 (5) 'Licensee' shall have the same meaning as set forth in Code Section 16-12-200.102
134134 (6) 'Marijuana' shall have the same meaning as set forth in Code Section 16-13-21.103
135135 (7) 'Medical cannabis' means any plant within the genus Cannabis and any part of such104
136136 plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of105
137137 isomers, whether growing or not, that contains 'low THC oil' means an oil that contains106
138138 an amount of cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol,107
139139 tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and108
140140 tetrahydrocannabinolic acid, which does not contain plant material exhibiting the external109
141141 H. B. 440
142142 - 5 - 25 LC 55 0484
143143 morphological features of the plant of the genus Cannabis. Such term shall not mean110
144144 products and that is produced in accordance with the provisions of Article 9 of this111
145145 chapter; provided, however, that such term shall not include:112
146146 (A) Drugs approved by the federal Food and Drug Administration under Section 505113
147147 of the federal Food, Drug, and Cosmetic Act; or114
148148 (B) Hemp or hemp products, as such terms are defined in Code Section 2-23-3.115
149149 (8) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.116
150150 16-12-191.117
151151 (a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any118
152152 person to possess, purchase, or have under his or her control 20 fluid ounces or less of119
153153 low THC oil if such substance 2.5 ounces or less of medical cannabis or a product or120
154154 products containing an equivalent amount of medical cannabis if such medical cannabis121
155155 or product or products is in a pharmaceutical container labeled by the manufacturer122
156156 indicating the percentage of tetrahydrocannabinol therein and:123
157157 (A) Such person is registered with the Department of Public Health as set forth in Code124
158158 Section 31-2A-18 and has in his or her possession a registration card issued by the125
159159 Department of Public Health; or126
160160 (B) Such person has in his or her possession a registration card issued by another state127
161161 that allows the same possession of low THC oil medical cannabis as provided by this128
162162 state's law; provided, however, that such registration card shall not be lawful authority129
163163 when such person has been present in this state for 45 days or more.130
164164 (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses,131
165165 purchases, or has under his or her control 20 fluid 2.5 ounces or less of low THC oil132
166166 medical cannabis or a product or products containing an equivalent amount of medical133
167167 cannabis without complying with paragraph (1) of this subsection shall be punished as134
168168 for a misdemeanor.135
169169 H. B. 440
170170 - 6 - 25 LC 55 0484
171171 (b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any136
172172 person to possess, purchase, or have under his or her control 20 fluid ounces or less of137
173173 low THC oil if:138
174174 (A) Such person is involved in a clinical research program being conducted by the139
175175 Board of Regents of the University System of Georgia or any authorized clinical trial140
176176 or research study in this state or their authorized agent as:141
177177 (i) A program participant;142
178178 (ii) A parent, guardian, or legal custodian of a program participant;143
179179 (iii) An employee of the board of regents designated to participate in the research144
180180 program;145
181181 (iv) A program agent;146
182182 (v) A program collaborator and their designated employees;147
183183 (vi) A program supplier and their designated employees;148
184184 (vii) A program physician;149
185185 (viii) A program clinical researcher;150
186186 (ix) Program pharmacy personnel; or151
187187 (x) Other program medical personnel; and152
188188 (B) Such substance is in a pharmaceutical container labeled by the manufacturer153
189189 indicating the percentage of tetrahydrocannabinol therein.154
190190 (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses,155
191191 purchases, or has under his or her control 20 fluid ounces or less of low THC oil without156
192192 complying with subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall157
193193 be punished as for a misdemeanor.158
194194 (c)(b) Notwithstanding any provision of Chapter 13 of this title, any person having159
195195 possession of, purchasing, or having under his or her control more than 20 fluid ounces of160
196196 low THC oil but less than 160 fluid ounces of low THC oil 2.5 ounces but less than 20161
197197 ounces of medical cannabis or a product or products containing an equivalent amount of162
198198 H. B. 440
199199 - 7 - 25 LC 55 0484
200200 medical cannabis or who manufactures, distributes, dispenses, sells, purchases, or possesses163
201201 with the intent to distribute low THC oil medical cannabis or products shall be guilty of a164
202202 felony and, upon conviction thereof, shall be punished by imprisonment for not less than165
203203 one year nor more than ten years, a fine not to exceed $50,000.00, or both.166
204204 (d)(c) Notwithstanding any provision of Chapter 13 of this title, any person who sells,167
205205 manufactures, delivers, brings into this state, purchases, or has possession of 160 or more168
206206 fluid ounces of low THC oil 20 or more ounces of medical cannabis or a product or169
207207 products containing an equivalent amount of medical cannabis shall be guilty of the felony170
208208 offense of trafficking in low THC oil medical cannabis and, upon conviction thereof, shall171
209209 be punished as follows:172
210210 (1) If the quantity of low THC oil medical cannabis is at least 160 fluid 20 ounces but173
211211 less than 31,000 fluid 3,875 ounces, by imprisonment for not less than five years nor174
212212 more than ten years and a fine not to exceed $100,000.00;175
213213 (2) If the quantity of low THC oil medical cannabis is at least 31,000 fluid 3,875 ounces176
214214 but less than 154,000 fluid 19,250 ounces, by imprisonment for not less than seven years177
215215 nor more than 15 years and a fine not to exceed $250,000.00; and178
216216 (3) If the quantity of low THC oil medical cannabis is 154,000 19,250 or more fluid179
217217 ounces, by imprisonment for not less than ten years nor more than 20 years and a fine not180
218218 to exceed $1 million.181
219219 (e) Subsections (c) and (d) of this Code section shall not apply to a person involved in a182
220220 research program being conducted by the Board of Regents of the University System of183
221221 Georgia or its authorized agent as an employee of the board of regents designated to184
222222 participate in such program, a program agent, a program collaborator and their designated185
223223 employees, a program supplier and their designated employees, a physician, clinical186
224224 researcher, pharmacy personnel, or other medical personnel.187
225225 (f)(d) Subsections (c) and (d) (a), (b), and (c) of this Code section shall not apply to a188
226226 designated university, pharmacy, or licensee under Article 9 of Chapter 12 of Title 16 the189
227227 H. B. 440
228228 - 8 - 25 LC 55 0484
229229 following entities and their employees, agents, or contractors, provided that such190
230230 possession, purchase, control, sale, manufacturing, distribution, or dispensing is solely191
231231 conducted in accordance with the provisions of and pursuant to Article 9 of Chapter 12 of192
232232 Title 16 this chapter:193
233233 (1) The commission;194
234234 (2) A designated university;195
235235 (3) A Georgia based college or university;196
236236 (4) An independent laboratory; or197
237237 (5) A licensee.198
238238 (g)(e) Nothing in this article shall require an employer to permit or accommodate the use,199
239239 consumption, possession, transfer, display, transportation, purchase, sale, or growing of200
240240 marijuana in any form, or to affect the ability of an employer to have a written zero201
241241 tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any202
242242 employee from having a detectable amount of marijuana in such employee's system while203
243243 at work."204
244244 SECTION 3-2.205
245245 Said chapter is further amended by revising Code Section 16-12-200, relating to definitions206
246246 relative to access to medical cannabis, as follows:207
247247 "16-12-200.208
248248 As used in this article, the term:209
249249 (1) 'Applicant' means a corporate entity applying for a license pursuant to this article.210
250250 (2) 'Available capital' means corporate assets that are available to fund business211
251251 operations in the event a license is awarded pursuant to Part 2 of this article.212
252252 (2.1) 'Caregiver' shall have the same meaning as set forth in Code Section 31-2A-18.213
253253 (3) 'Class 1 production license' means a license to produce and manufacture low THC214
254254 oil and medical cannabis or products issued pursuant to Code Section 16-12-211.215
255255 H. B. 440
256256 - 9 - 25 LC 55 0484
257257 (4) 'Class 2 production license' means a license to produce and manufacture low THC216
258258 oil and medical cannabis or products issued pursuant to Code Section 16-12-212.217
259259 (5) 'Commission' means the Georgia Access to Medical Cannabis Commission created218
260260 pursuant to Code Section 16-12-202.219
261261 (6) 'Designated universities' means the University of Georgia and Fort Valley State220
262262 University.221
263263 (7) 'Designated university license' means a license issued by the commission pursuant222
264264 to this article to a designated university to, separately or jointly, produce, manufacture,223
265265 and purchase low THC oil and medical cannabis or products in accordance with this224
266266 article.225
267267 (8) 'Dispense' means the sale or provision of low THC oil and medical cannabis or226
268268 products to registered patients by a dispensing licensee.227
269269 (9) 'Dispensing license' means a specialty license issued by the State Board of Pharmacy228
270270 or the commission pursuant to Code Section 16-12-206 to dispense low THC oil and229
271271 medical cannabis or products to registered patients.230
272272 (10) 'Grow' means cultivating and harvesting cannabis for use in producing low THC oil231
273273 and medical cannabis or products.232
274274 (10.1) 'Hemp products' shall have the same meaning as set forth in Code Section 2-23-3.233
275275 (11) 'Licensee' means any business, or owner of such business, with a valid license234
276276 issued pursuant to this article.235
277277 (12) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12-190.236
278278 (13) 'Manufacture' means to process cannabis to produce low THC oil and medical237
279279 cannabis or products.238
280280 (13) 'Medical cannabis' shall have the same meaning as set forth in Code239
281281 Section 16-12-190.240
282282 (14) 'Owner' means any person who directly or indirectly owns, actually or beneficially,241
283283 or controls 5 percent or greater of interests of the applicant or any licensee. In the event242
284284 H. B. 440
285285 - 10 - 25 LC 55 0484
286286 that one person owns a beneficial right to interests and another person holds the voting
287287 243
288288 rights with respect to such interests, then both shall be considered an owner of such244
289289 interests.245
290290 (15) 'Product' means all products that are derived from, or made by, processing medical
291291 246
292292 cannabis and that are prepared in a form available for commercial sale low THC oil247
293293 delivered through an oil, tincture, transdermal patch, lotion, or capsule, except as248
294294 prohibited by Code Section 16-12-234, but not including hemp products or any food249
295295 products infused with medical cannabis low THC oil, including, but not limited to,250
296296 cookies, candies, or edibles.251
297297 (16) 'Registered patient' means an individual who is legally authorized to possess and use252
298298 low THC oil and products pursuant to Code Section 31-2A-18 has been issued a253
299299 registration card.254
300300 (16.1) 'Registration card' means a card or other document authorizing an individual to255
301301 possess and use medical cannabis or products that has been issued by:256
302302 (A) The Department of Public Health pursuant to Code Section 31-2A-18; or257
303303 (B) The governmental agency of another state that allows the same possession of258
304304 medical cannabis or products as provided by this state's law; provided, however, that259
305305 such a card or other document shall not be lawful authority to possess and use medical260
306306 cannabis or products in this state when the individual to whom it was issued has been261
307307 present in this state for 45 days or more.262
308308 (17) 'Tracking system' means a seed-to-sale tracking system to track marijuana that is263
309309 grown, processed, manufactured, transferred, stored, or disposed of and low THC oil and264
310310 medical cannabis or products that are transferred, stored, sold, dispensed, or disposed of265
311311 pursuant to this article."266
312312 H. B. 440
313313 - 11 - 25 LC 55 0484
314314 SECTION 3-3.
315315 267
316316 Said chapter is further amended by revising Code Section 16-12-215, relating to limitations268
317317 on locations, advertising or marketing prohibited, and information available to physicians,269
318318 as follows:270
319319 "16-12-215.271
320320 (a) No licensee shall operate in any location, whether for cultivation, harvesting, and272
321321 processing of marijuana or for processing, manufacturing, packaging, or distributing low
322322 273
323323 THC oil medical cannabis or products, within a 3,000 foot radius of a covered entity,274
324324 measured from property boundary to property boundary. No dispensing licensee may275
325325 operate in any location within a 1,000 foot radius of a covered entity, measured from276
326326 property boundary to property boundary. Notwithstanding the provisions of this277
327327 subsection, local governments may, via use of existing zoning powers otherwise provided278
328328 by law, allow dispensing licensees only to locate in places other than those provided in this279
329329 subsection so long as such modification is needed to allow retail outlets to be established280
330330 to service registered patients residing within such local jurisdiction. As used in this281
331331 subsection, the term 'covered entity' means a public or private school; an early care and282
332332 education program as defined in Code Section 20-1A-2; or a church, synagogue, or other283
333333 place of public religious worship, in existence prior to the date of licensure of such licensee284
334334 by the commission or State Board of Pharmacy. This subsection shall not apply to any285
335335 entity that holds a dispensing license issued by the State Board of Pharmacy.286
336336 (b) No licensee shall advertise or market low THC oil medical cannabis or products to287
337337 registered patients or the public; provided, however, that a licensee shall be authorized to288
338338 provide information regarding its low THC oil and medical cannabis or products directly289
339339 to physicians."290
340340 H. B. 440
341341 - 12 - 25 LC 55 0484
342342 SECTION 3-4.
343343 291
344344 Said chapter is further amended by revising Code Section 16-12-224, relating to limitation292
345345 on ownership by member or former member of the commission, limitation on physicians293
346346 involvement, and identification when contributing to political campaigns, as follows:294
347347 "16-12-224.295
348348 (a) No current member of the commission, or former member of the commission for a296
349349 period of five years from the date such individual ceased to be a member, shall own,297
350350 operate, have a financial interest in, or be employed by a low THC oil
351351 medical cannabis or298
352352 product manufacturer or distributor, including any licensee under this part.299
353353 (b) No physician who, presently or during the period of such business relationship,300
354354 certifies individuals to the commission pursuant to Code Section 31-2A-18 for the use of301
355355 low THC oil and medical cannabis or products to treat certain conditions shall own,302
356356 operate, have a financial interest in, or be employed by a low THC oil medical cannabis or303
357357 product manufacturer or distributor, including any licensee under this part. This subsection304
358358 shall not prohibit a physician from furnishing a registered patient or his or her caregiver,305
359359 upon request, with the names of low THC oil medical cannabis and product manufacturers306
360360 or distributors. Any physician violating this Code section shall be guilty of a misdemeanor.307
361361 (c) A licensee that makes a campaign contribution pursuant to Article 2 of Chapter 5 of308
362362 Title 21 shall identify itself as a licensee under this part to the recipient of such campaign309
363363 contribution."310
364364 SECTION 3-5.311
365365 Said chapter is further amended by revising Code Sections 16-12-230 and 16-12-231,312
366366 relating to requirements for dispensing low THC oil and products and exemptions from313
367367 arrest, prosecutions, or penalty, respectively, as follows:314
368368 H. B. 440
369369 - 13 - 25 LC 55 0484
370370 "16-12-230.
371371 315
372372 (a) Low THC oil and
373373 Medical cannabis or products shall only be dispensed to registered316
374374 patients or caregivers in this state by a dispensing licensee or directly from the commission317
375375 pursuant to this article.318
376376 (b) A pharmacist who dispenses low THC oil medical cannabis or products shall seek and319
377377 review information on a registered patient from the prescription drug monitoring program320
378378 data base established pursuant to Code Section 16-13-57 prior to dispensing low THC oil321
379379 medical cannabis or products to the registered patient.322
380380 16-12-231.323
381381 The following persons and entities, when acting in accordance with the provisions of this324
382382 article, shall not be subject to arrest, prosecution, or any civil or administrative penalty,325
383383 including a civil penalty or disciplinary action by a professional licensing board, or be326
384384 denied any right or privilege, for the medical use, prescription, administration,327
385385 manufacture, distribution, or transport of low THC oil medical cannabis or products:328
386386 (1) A registered patient who is in possession of an amount of low THC oil medical329
387387 cannabis or products authorized under Code Section 16-12-191 or such patient's330
388388 caregiver, parent, or guardian;331
389389 (2) A physician who certifies a patient to the Department of Public Health as being332
390390 diagnosed with a condition or in a hospice program and authorized to use low THC oil333
391391 medical cannabis or products for treatment pursuant to Code Section 31-2A-18;334
392392 (3) A pharmacist or pharmacy that dispenses or provides low THC oil medical cannabis335
393393 or products to a registered patient or such patient's caregiver, parent, or guardian;336
394394 (4) The commission or its employees or contractors associated with the production of337
395395 low THC oil medical cannabis or products in accordance with this article;338
396396 H. B. 440
397397 - 14 - 25 LC 55 0484
398398 (5) A designated university, an employee of a designated university, or any other person
399399 339
400400 associated with the production of low THC oil
401401 medical cannabis or products in340
402402 accordance with this article; and341
403403 (6) A licensee or an An employee, contractor, or agent of a licensee with proper342
404404 identification associated with the production, manufacture, distribution, transport, or sale343
405405 of low THC oil medical cannabis or products in accordance with this article."344
406406 SECTION 3-6.345
407407 Said chapter is further amended by repealing in its entirety Code Section 16-12-234, relating346
408408 to unlawful ways to ingest low THC oil or products, and designating such Code section as347
409409 reserved.348
410410 SECTION 3-7.349
411411 Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to350
412412 regulation of controlled substances, is amended in Code Section 16-13-21, relating to351
413413 definitions, by revising paragraph (16) as follows:352
414414 "(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or353
415415 not, the seeds thereof, the resin extracted from any part of such plant, and every354
416416 compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds,355
417417 or resin, but shall not include samples as described in subparagraph (P) of paragraph (3)356
418418 of Code Section 16-13-25; shall not include the completely defoliated mature stalks of357
419419 such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized358
420420 samples of seeds of the plant which are incapable of germination; and shall not include359
421421 hemp or hemp products, as such terms are defined in Code Section 2-23-3, or medical360
422422 cannabis or products, as such terms are defined in Code Sections 16-12-190 and361
423423 16-12-200, respectively, when in the possession or control of a person authorized to362
424424 possess and control such medical cannabis or products under the provisions of Article 8363
425425 H. B. 440
426426 - 15 - 25 LC 55 0484
427427 or Article 9 of Chapter 12 of this title. Such term shall not include products approved by364
428428 the federal Food and Drug Administration under Section 505 of the federal Food, Drug,365
429429 and Cosmetic Act."366
430430 SECTION 3-8.367
431431 Said article is further amended in Code Section 16-13-25, relating to Schedule I, by revising368
432432 subparagraph (P) of paragraph (3) as follows:369
433433 "(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of370
434434 tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant371
435435 material exhibiting the external morphological features of the plant of the genus372
436436 Cannabis, but not including such substance when found in hemp or hemp products, as373
437437 such terms are defined in Code Section 2-23-3, or in medical cannabis or products, as374
438438 such terms are defined in Code Sections 16-12-190 and 16-12-200, respectively, when375
439439 in the possession or control of a person authorized to possess or control such medical376
440440 cannabis or products under the provisions of Article 8 or Article 9 of Chapter 12 of this377
441441 title. Tetrahydrocannabinols do not include products approved by the federal Food and378
442442 Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act;"379
443443 SECTION 3-9.380
444444 Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to381
445445 general provisions relative to the Department of Public Health, is amended by revising Code382
446446 Section 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver383
447447 forms, and annual review and recommendations, as follows:384
448448 "31-2A-18.385
449449 (a) As used in this Code section, the term:386
450450 (1) 'Board' means the Georgia Composite Medical Board.387
451451 (2) 'Caregiver' means:388
452452 H. B. 440
453453 - 16 - 25 LC 55 0484
454454 (A) A the parent, guardian, or legal custodian of an individual who is less than 18 years389
455455 of age or the legal guardian of an adult;390
456456 (B) An adult who is designated by a patient as being an individual authorized to391
457457 provide assistance, and who is willing to provide such assistance, with purchasing,392
458458 possessing, and administering medical cannabis or products for such patient's use; or393
459459 (C) A healthcare institution as defined in Code Section 51-1-29.6 where a patient is394
460460 receiving health or medical care for a condition and where such institution agrees to395
461461 allow such patient to possess and use medical cannabis or products on such institution's396
462462 premises.397
463463 (3) 'Condition' means:398
464464 (A) Cancer, when such disease is diagnosed as end stage or the treatment produces399
465465 related wasting illness or recalcitrant nausea and vomiting;400
466466 (B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end401
467467 stage;402
468468 (C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;403
469469 (D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;404
470470 (E) Crohn's disease Inflammatory bowel disease;405
471471 (F) Mitochondrial disease;406
472472 (G) Parkinson's disease, when such disease is diagnosed as severe or end stage;407
473473 (H) Sickle cell disease, when such disease is diagnosed as severe or end stage;408
474474 (I) Tourette's syndrome, when such syndrome is diagnosed as severe;409
475475 (J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at410
476476 least 18 years of age, or severe autism, when diagnosed for a patient who is less than411
477477 18 years of age;412
478478 (K) Epidermolysis bullosa;413
479479 (L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;414
480480 H. B. 440
481481 - 17 - 25 LC 55 0484
482482 (M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as415
483483 severe or end stage;416
484484 (N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;417
485485 (O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing418
486486 of a trauma for a patient who is at least 18 years of age; or419
487487 (P) Intractable pain;420
488488 (Q) Lupus; or421
489489 (R) Any other condition, disease, disorder, or syndrome for which:422
490490 (i) An opioid has been or could be prescribed pursuant to generally accepted medical423
491491 practice;424
492492 (ii) A physician determines, in his or her clinical opinion, that a patient with such425
493493 condition, disease, disorder, or syndrome would likely receive medical, palliative, or426
494494 therapeutic benefits from the use of medical cannabis or products; or427
495495 (iii) A patient is receiving inpatient or outpatient hospice care.428
496496 (4) 'Department' means the Department of Public Health.429
497497 (5) 'Intractable pain' means pain that has a cause that cannot be removed and for which,430
498498 according to generally accepted medical practice, the full range of pain management431
499499 modalities appropriate for the patient has been used for a period of at least six months432
500500 without adequate results or with intolerable side effects.433
501501 (6) 'Low THC oil Medical cannabis' shall have the same meaning as set forth in Code434
502502 Section 16-12-190.435
503503 (7) 'Physician' means an individual licensed to practice medicine pursuant to Article 2436
504504 of Chapter 34 of Title 43.437
505505 (8) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.438
506506 (9) 'Registry' means the Low THC Oil Medical Cannabis Patient Registry.439
507507 (b) There is established within the department the Low THC Oil Medical Cannabis Patient440
508508 Registry.441
509509 H. B. 440
510510 - 18 - 25 LC 55 0484
511511 (c) The purpose of the registry is to provide a registration of individuals and caregivers
512512 442
513513 who have been issued registration cards. The department shall establish procedures and443
514514 promulgate rules and regulations for the establishment and operation of the registration444
515515 process and dispensing of registry cards to individuals and caregivers.445
516516 (d) The department shall issue a registration card to any individual who has been certified446
517517 to the department by his or her physician as being diagnosed with a condition or is an447
518518 inpatient or outpatient in a hospice program and has been authorized by such physician to448
519519 use low THC oil
520520 medical cannabis or products as treatment. The department shall issue a449
521521 registration card to a caregiver when the circumstances warrant the issuance of such card. 450
522522 The board shall establish procedures and promulgate rules and regulations to assist451
523523 physicians in providing required uniform information relating to certification and any other452
524524 matter relating to the issuance of certifications. In promulgating such rules and regulations,453
525525 the board shall require that physicians have a doctor-patient relationship when certifying454
526526 an individual as needing low THC oil medical cannabis or products and physicians shall455
527527 be required to be treating such individual for the specific condition requiring such treatment456
528528 or be treating such individual in a hospice program. A physician shall seek and review457
529529 information about a patient from the prescription drug monitoring program data base458
530530 established pursuant to Code Section 16-13-57 prior to certifying such patient to the459
531531 department as being diagnosed with a specific condition that requires the use of low THC460
532532 oil medical cannabis or products as treatment. A registration card issued pursuant to this461
533533 Code section shall be valid for five years from the date of issuance so long as the individual462
534534 patient or caregiver remains eligible for receipt of such card based on the continued463
535535 diagnosis of such individual patient with a condition. If the individual patient or caregiver464
536536 requests delivery of the registration card, the department shall deliver such card either via465
537537 certified mail or by secure electronic means, including email, whichever delivery method466
538538 is specified by such patient or caregiver.467
539539 H. B. 440
540540 - 19 - 25 LC 55 0484
541541 (e) The board shall require physicians to issue semiannual reports to the board. Such
542542 468
543543 reports shall require physicians to provide information, including, but not limited to,469
544544 dosages recommended for a particular condition, patient clinical responses, levels of470
545545 tetrahydrocannabinol or tetrahydrocannabinolic acid present in test results, compliance,471
546546 responses to treatment, side effects, and drug interactions. Such reports shall be used for472
547547 research purposes to determine the efficacy of the use of low THC oil
548548 medical cannabis or473
549549 products as a treatment for conditions.474
550550 (f) Information received and records kept by the department for purposes of administering475
551551 this Code section shall be confidential; provided, however, that such information shall be476
552552 disclosed, subject to the provisions of the federal Health Insurance Portability and477
553553 Accountability Act of 1996, P.L. 104-191, and any regulations promulgated thereunder:478
554554 (1) Upon written request of an individual or caregiver registered pursuant to this Code479
555555 section for information related to the individual or his or her caregiver;480
556556 (2) To peace officers and prosecuting attorneys for the purpose of:481
557557 (A) Verifying that an individual in possession of a registration card is registered482
558558 pursuant to this Code section; or483
559559 (B) Determining that an individual in possession of low THC oil medical cannabis or484
560560 products is registered pursuant to this Code section; and485
561561 (3) To government entities and other entities for statistical, research, educational,486
562562 instructional, drug abuse prevention, or grant application purposes after removing all487
563563 personal identifiers from the health information and removing all information that could488
564564 be used to identify prescribers.489
565565 (g) The board shall develop a waiver form that will advise that the use of cannabinoids and490
566566 THC containing products have not been approved by the FDA and the clinical benefits are491
567567 unknown and may cause harm. Any patient or caregiver shall sign such waiver prior to his492
568568 or her approval for registration.493
569569 H. B. 440
570570 - 20 - 25 LC 55 0484
571571 (h) The board, in coordination with the Department of Public Health, shall annually review
572572 494
573573 the conditions included in paragraph (3) of subsection (a) of this Code section and495
574574 recommend additional conditions that have been shown through medical research to be496
575575 effectively treated with low THC oil
576576 medical cannabis or products. Such recommendations497
577577 shall include recommended dosages for a particular condition, patient responses to498
578578 treatment with respect to the particular condition, and drug interactions with other drugs499
579579 commonly taken by patients with the particular condition. Such recommendations shall500
580580 be made jointly by the board and the Department of Public Health to the General Assembly501
581581 no later than December 1 of each year."502
582582 PART IV503
583583 SECTION 4-1.504
584584 All laws and parts of laws in conflict with this Act are repealed.505
585585 H. B. 440
586586 - 21 -