25 LC 55 0484
House Bill 440
By: Representatives Clark of the 100
th
, Werkheiser of the 157
th
, Prince of the 132
nd
, Mathiak
of the 82
nd
, Carpenter of the 4
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend various provisions of the Official Code of Georgia Annotated, so as to rename low
1
THC oil as medical cannabis; to amend Chapter 12 of Title 16, Article 2 of Chapter 13 of2
Title 16, and Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated,3
relating to offenses against the public health and morals, regulation of controlled substances,4
and general provisions relative to the Department of Public Health, respectively, so as to5
clarify and revise criminal penalties; to clarify and revise exemptions to criminal penalties;6
to clarify provisions relating to the minimum distance licensees must be from covered7
entities; to revise provisions relating to the Georgia Access to Medical Cannabis8
Commission; to repeal the prohibition on certain manners of ingesting medical cannabis; to9
exclude the lawful possession and control of medical cannabis from the provisions of the10
Georgia Controlled Substances Act; to revise the list of diagnosed conditions for which a11
medical cannabis registration card can be issued; to provide for conforming changes; to12
revise and provide for definitions; to provide a short title; to provide for related matters; to13
repeal conflicting laws; and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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PART I
16
SECTION 1-1.17
This Act shall be known and may be cited as the "Providing Effective Access to Cannabis18
for Health (PEACH) Act."19
PART II20
SECTION 2-1.21
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by22
replacing "low THC oil" and "Low THC oil" with "medical cannabis" and "Medical23
cannabis", respectively, wherever such terms occur in:24
(1) Code Section 2-11-36, relating to seeds used in production of low THC oil;25
(2) Code Section 2-23-9.2, relating to consumable hemp products, packaging, advertising,26
and distribution; and27
(3) Code Section 2-23-9.3, relating to location of retail establishments selling or28
distributing consumable hemp products.29
SECTION 2-2.30
Article 9 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to31
access to medical cannabis, is amended by replacing "low THC oil" and "Low THC oil" with32
"medical cannabis" and "Medical cannabis", respectively, and by replacing "Low THC Oil33
Patient Registry" with "Medical Cannabis Patient Registry" wherever such terms occur in:34
(1) Code Section 16-12-201, relating to prohibition against producing, growing,35
manufacturing, or dispensing low THC oil or products;36
(2) Code Section 16-12-203, relating to powers, duties, and responsibilities;37
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(3) Code Section 16-12-204, relating to nontransferable designated university licenses to
38
produce low THC oil and products, research and reporting of collected information, and39
license revocation;40
(4) Code Section 16-12-206, relating to annual, nontransferable dispensing license,41
adoption of rules, and fees;42
(5) Code Section 16-12-210, relating to powers, duties, and responsibilities of the Georgia43
Access to Medical Cannabis Commission, no undue burden on patients, and remission of44
fees;45
(6) Code Section 16-12-211, relating to class 1 production licenses, application fee,46
revocation, and limitation on ownership;47
(7) Code Section 16-12-212, relating to class 2 production licenses, application fees,48
revocation, and limitation on ownership;49
(8) Code Section 16-12-213, relating to tracking system requirements;50
(9) Code Section 16-12-216, relating to Bureau of Investigation, Access to Medical51
Cannabis Commission, and Composite Medical Board to jointly establish procedures to52
ensure compliance;53
(10) Code Section 16-12-217, relating to on-demand access to facilities, provision of54
samples, testing, and secured transportation;55
(11) Code Section 16-12-225, relating to criminal offenses and penalties;56
(12) Code Section 16-12-226, relating to sales and use taxes applicable;57
(13) Code Section 16-12-233, relating to contracts not against public policy;58
(14) Code Section 16-12-235, relating to research in compliance with federal regulations;59
and60
(15) Code Section 16-12-235.1, relating to possession of low THC oil and products by61
colleges and universities for research purposes, permitting requirements, and inspection.62
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SECTION 2-3.
63
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general64
provisions relative to torts, is amended by revising Code Section 51-1-29.6, relating to65
liability of health care institutions and providers regarding low THC oil, as follows:66
"51-1-29.6.67
(a) As used in this Code section, the term:68
(1) 'Caregiver' shall have the same meaning as set forth in Code Section 31-2A-18.69
(2) 'Health care
Healthcare institution' shall have the same meaning as set forth in Code70
Section 51-1-29.5.71
(3) 'Health care Healthcare provider' means any person licensed, certified, or registered72
under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or Chapter 473
of Title 26.74
(4) 'Low THC oil Medical cannabis' shall have the same meaning as set forth in Code75
Section 16-12-190.76
(5) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.77
(b) A health care healthcare institution shall not be subject to any civil liability, penalty,78
licensing sanction, or other detrimental action and a health care healthcare provider shall79
not be subject to any civil liability, penalty, denial of a right or privilege, disciplinary80
action by a professional licensing board, or other detrimental action for allowing an81
individual or caregiver to possess, administer, or use low THC oil medical cannabis or82
products on the premises of a health care healthcare institution or offices of a health care83
healthcare provider, provided that the possession of such substance is in accordance with84
the laws of this state."85
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PART III
86
SECTION 3-1.87
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against88
the public health and morals, is amended by revising Article 8, relating to regulation of low89
THC oil, as follows:90
"ARTICLE 891
16-12-190.92
As used in this article, the term:
93
(1) 'Commission' shall have the same meaning as set forth in Code Section 16-12-200.94
(2) 'Designated university' shall have the same meaning as set forth in Code Section95
16-12-200.96
(3) 'Georgia based college or university' means a college or university located in this97
state that has a permit issued by the commission pursuant to Code Section 16-12-235.198
to possess medical cannabis or products.99
(4) 'Independent laboratory' means a laboratory approved by the commission pursuant100
to Code Section 16-12-217 to test medical cannabis or products.101
(5) 'Licensee' shall have the same meaning as set forth in Code Section 16-12-200.102
(6) 'Marijuana' shall have the same meaning as set forth in Code Section 16-13-21.103
(7) 'Medical cannabis' means any plant within the genus Cannabis and any part of such104
plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of105
isomers, whether growing or not, that contains 'low THC oil' means an oil that contains106
an amount of cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol,107
tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and108
tetrahydrocannabinolic acid, which does not contain plant material exhibiting the external109
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morphological features of the plant of the genus Cannabis. Such term shall not mean110
products and that is produced in accordance with the provisions of Article 9 of this111
chapter; provided, however, that such term shall not include:112
(A) Drugs approved by the federal Food and Drug Administration under Section 505113
of the federal Food, Drug, and Cosmetic Act; or114
(B) Hemp or hemp products, as such terms are defined in Code Section 2-23-3.115
(8) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.116
16-12-191.117
(a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any118
person to possess, purchase, or have under his or her control 20 fluid ounces or less of119
low THC oil if such substance 2.5 ounces or less of medical cannabis or a product or120
products containing an equivalent amount of medical cannabis if such medical cannabis121
or product or products is in a pharmaceutical container labeled by the manufacturer122
indicating the percentage of tetrahydrocannabinol therein and:123
(A) Such person is registered with the Department of Public Health as set forth in Code124
Section 31-2A-18 and has in his or her possession a registration card issued by the125
Department of Public Health; or126
(B) Such person has in his or her possession a registration card issued by another state127
that allows the same possession of low THC oil medical cannabis as provided by this128
state's law; provided, however, that such registration card shall not be lawful authority129
when such person has been present in this state for 45 days or more.130
(2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses,131
purchases, or has under his or her control 20 fluid 2.5 ounces or less of low THC oil132
medical cannabis or a product or products containing an equivalent amount of medical133
cannabis without complying with paragraph (1) of this subsection shall be punished as134
for a misdemeanor.135
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(b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any136
person to possess, purchase, or have under his or her control 20 fluid ounces or less of137
low THC oil if:138
(A) Such person is involved in a clinical research program being conducted by the139
Board of Regents of the University System of Georgia or any authorized clinical trial140
or research study in this state or their authorized agent as:141
(i) A program participant;142
(ii) A parent, guardian, or legal custodian of a program participant;143
(iii) An employee of the board of regents designated to participate in the research144
program;145
(iv) A program agent;146
(v) A program collaborator and their designated employees;147
(vi) A program supplier and their designated employees;148
(vii) A program physician;149
(viii) A program clinical researcher;150
(ix) Program pharmacy personnel; or151
(x) Other program medical personnel; and152
(B) Such substance is in a pharmaceutical container labeled by the manufacturer153
indicating the percentage of tetrahydrocannabinol therein.154
(2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses,155
purchases, or has under his or her control 20 fluid ounces or less of low THC oil without156
complying with subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall157
be punished as for a misdemeanor.158
(c)(b) Notwithstanding any provision of Chapter 13 of this title, any person having159
possession of, purchasing, or having under his or her control more than 20 fluid ounces of160
low THC oil but less than 160 fluid ounces of low THC oil 2.5 ounces but less than 20161
ounces of medical cannabis or a product or products containing an equivalent amount of162
H. B. 440
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medical cannabis or who manufactures, distributes, dispenses, sells, purchases, or possesses163
with the intent to distribute low THC oil medical cannabis or products shall be guilty of a164
felony and, upon conviction thereof, shall be punished by imprisonment for not less than165
one year nor more than ten years, a fine not to exceed $50,000.00, or both.166
(d)(c) Notwithstanding any provision of Chapter 13 of this title, any person who sells,167
manufactures, delivers, brings into this state, purchases, or has possession of 160 or more168
fluid ounces of low THC oil 20 or more ounces of medical cannabis or a product or169
products containing an equivalent amount of medical cannabis shall be guilty of the felony170
offense of trafficking in low THC oil medical cannabis and, upon conviction thereof, shall171
be punished as follows:172
(1) If the quantity of low THC oil medical cannabis is at least 160 fluid 20 ounces but173
less than 31,000 fluid 3,875 ounces, by imprisonment for not less than five years nor174
more than ten years and a fine not to exceed $100,000.00;175
(2) If the quantity of low THC oil medical cannabis is at least 31,000 fluid 3,875 ounces176
but less than 154,000 fluid 19,250 ounces, by imprisonment for not less than seven years177
nor more than 15 years and a fine not to exceed $250,000.00; and178
(3) If the quantity of low THC oil medical cannabis is 154,000 19,250 or more fluid179
ounces, by imprisonment for not less than ten years nor more than 20 years and a fine not180
to exceed $1 million.181
(e) Subsections (c) and (d) of this Code section shall not apply to a person involved in a182
research program being conducted by the Board of Regents of the University System of183
Georgia or its authorized agent as an employee of the board of regents designated to184
participate in such program, a program agent, a program collaborator and their designated185
employees, a program supplier and their designated employees, a physician, clinical186
researcher, pharmacy personnel, or other medical personnel.187
(f)(d) Subsections (c) and (d) (a), (b), and (c) of this Code section shall not apply to a188
designated university, pharmacy, or licensee under Article 9 of Chapter 12 of Title 16 the189
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following entities and their employees, agents, or contractors, provided that such190
possession, purchase, control, sale, manufacturing, distribution, or dispensing is solely191
conducted in accordance with the provisions of and pursuant to Article 9 of Chapter 12 of192
Title 16 this chapter:193
(1) The commission;194
(2) A designated university;195
(3) A Georgia based college or university;196
(4) An independent laboratory; or197
(5) A licensee.198
(g)(e) Nothing in this article shall require an employer to permit or accommodate the use,199
consumption, possession, transfer, display, transportation, purchase, sale, or growing of200
marijuana in any form, or to affect the ability of an employer to have a written zero201
tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any202
employee from having a detectable amount of marijuana in such employee's system while203
at work."204
SECTION 3-2.205
Said chapter is further amended by revising Code Section 16-12-200, relating to definitions206
relative to access to medical cannabis, as follows:207
"16-12-200.208
As used in this article, the term:209
(1) 'Applicant' means a corporate entity applying for a license pursuant to this article.210
(2) 'Available capital' means corporate assets that are available to fund business211
operations in the event a license is awarded pursuant to Part 2 of this article.212
(2.1) 'Caregiver' shall have the same meaning as set forth in Code Section 31-2A-18.213
(3) 'Class 1 production license' means a license to produce and manufacture low THC214
oil and medical cannabis or products issued pursuant to Code Section 16-12-211.215
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(4) 'Class 2 production license' means a license to produce and manufacture low THC216
oil and medical cannabis or products issued pursuant to Code Section 16-12-212.217
(5) 'Commission' means the Georgia Access to Medical Cannabis Commission created218
pursuant to Code Section 16-12-202.219
(6) 'Designated universities' means the University of Georgia and Fort Valley State220
University.221
(7) 'Designated university license' means a license issued by the commission pursuant222
to this article to a designated university to, separately or jointly, produce, manufacture,223
and purchase low THC oil and medical cannabis or products in accordance with this224
article.225
(8) 'Dispense' means the sale or provision of low THC oil and medical cannabis or226
products to registered patients by a dispensing licensee.227
(9) 'Dispensing license' means a specialty license issued by the State Board of Pharmacy228
or the commission pursuant to Code Section 16-12-206 to dispense low THC oil and229
medical cannabis or products to registered patients.230
(10) 'Grow' means cultivating and harvesting cannabis for use in producing low THC oil231
and medical cannabis or products.232
(10.1) 'Hemp products' shall have the same meaning as set forth in Code Section 2-23-3.233
(11) 'Licensee' means any business, or owner of such business, with a valid license234
issued pursuant to this article.235
(12) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12-190.236
(13) 'Manufacture' means to process cannabis to produce low THC oil and medical237
cannabis or products.238
(13) 'Medical cannabis' shall have the same meaning as set forth in Code239
Section 16-12-190.240
(14) 'Owner' means any person who directly or indirectly owns, actually or beneficially,241
or controls 5 percent or greater of interests of the applicant or any licensee. In the event242
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that one person owns a beneficial right to interests and another person holds the voting
243
rights with respect to such interests, then both shall be considered an owner of such244
interests.245
(15) 'Product' means all products that are derived from, or made by, processing medical
246
cannabis and that are prepared in a form available for commercial sale low THC oil247
delivered through an oil, tincture, transdermal patch, lotion, or capsule, except as248
prohibited by Code Section 16-12-234, but not including hemp products or any food249
products infused with medical cannabis low THC oil, including, but not limited to,250
cookies, candies, or edibles.251
(16) 'Registered patient' means an individual who is legally authorized to possess and use252
low THC oil and products pursuant to Code Section 31-2A-18 has been issued a253
registration card.254
(16.1) 'Registration card' means a card or other document authorizing an individual to255
possess and use medical cannabis or products that has been issued by:256
(A) The Department of Public Health pursuant to Code Section 31-2A-18; or257
(B) The governmental agency of another state that allows the same possession of258
medical cannabis or products as provided by this state's law; provided, however, that259
such a card or other document shall not be lawful authority to possess and use medical260
cannabis or products in this state when the individual to whom it was issued has been261
present in this state for 45 days or more.262
(17) 'Tracking system' means a seed-to-sale tracking system to track marijuana that is263
grown, processed, manufactured, transferred, stored, or disposed of and low THC oil and264
medical cannabis or products that are transferred, stored, sold, dispensed, or disposed of265
pursuant to this article."266
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SECTION 3-3.
267
Said chapter is further amended by revising Code Section 16-12-215, relating to limitations268
on locations, advertising or marketing prohibited, and information available to physicians,269
as follows:270
"16-12-215.271
(a) No licensee shall operate in any location, whether for cultivation, harvesting, and272
processing of marijuana or for processing, manufacturing, packaging, or distributing low
273
THC oil medical cannabis or products, within a 3,000 foot radius of a covered entity,274
measured from property boundary to property boundary. No dispensing licensee may275
operate in any location within a 1,000 foot radius of a covered entity, measured from276
property boundary to property boundary. Notwithstanding the provisions of this277
subsection, local governments may, via use of existing zoning powers otherwise provided278
by law, allow dispensing licensees only to locate in places other than those provided in this279
subsection so long as such modification is needed to allow retail outlets to be established280
to service registered patients residing within such local jurisdiction. As used in this281
subsection, the term 'covered entity' means a public or private school; an early care and282
education program as defined in Code Section 20-1A-2; or a church, synagogue, or other283
place of public religious worship, in existence prior to the date of licensure of such licensee284
by the commission or State Board of Pharmacy. This subsection shall not apply to any285
entity that holds a dispensing license issued by the State Board of Pharmacy.286
(b) No licensee shall advertise or market low THC oil medical cannabis or products to287
registered patients or the public; provided, however, that a licensee shall be authorized to288
provide information regarding its low THC oil and medical cannabis or products directly289
to physicians."290
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SECTION 3-4.
291
Said chapter is further amended by revising Code Section 16-12-224, relating to limitation292
on ownership by member or former member of the commission, limitation on physicians293
involvement, and identification when contributing to political campaigns, as follows:294
"16-12-224.295
(a) No current member of the commission, or former member of the commission for a296
period of five years from the date such individual ceased to be a member, shall own,297
operate, have a financial interest in, or be employed by a low THC oil
medical cannabis or298
product manufacturer or distributor, including any licensee under this part.299
(b) No physician who, presently or during the period of such business relationship,300
certifies individuals to the commission pursuant to Code Section 31-2A-18 for the use of301
low THC oil and medical cannabis or products to treat certain conditions shall own,302
operate, have a financial interest in, or be employed by a low THC oil medical cannabis or303
product manufacturer or distributor, including any licensee under this part. This subsection304
shall not prohibit a physician from furnishing a registered patient or his or her caregiver,305
upon request, with the names of low THC oil medical cannabis and product manufacturers306
or distributors. Any physician violating this Code section shall be guilty of a misdemeanor.307
(c) A licensee that makes a campaign contribution pursuant to Article 2 of Chapter 5 of308
Title 21 shall identify itself as a licensee under this part to the recipient of such campaign309
contribution."310
SECTION 3-5.311
Said chapter is further amended by revising Code Sections 16-12-230 and 16-12-231,312
relating to requirements for dispensing low THC oil and products and exemptions from313
arrest, prosecutions, or penalty, respectively, as follows:314
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"16-12-230.
315
(a) Low THC oil and
Medical cannabis or products shall only be dispensed to registered316
patients or caregivers in this state by a dispensing licensee or directly from the commission317
pursuant to this article.318
(b) A pharmacist who dispenses low THC oil medical cannabis or products shall seek and319
review information on a registered patient from the prescription drug monitoring program320
data base established pursuant to Code Section 16-13-57 prior to dispensing low THC oil321
medical cannabis or products to the registered patient.322
16-12-231.323
The following persons and entities, when acting in accordance with the provisions of this324
article, shall not be subject to arrest, prosecution, or any civil or administrative penalty,325
including a civil penalty or disciplinary action by a professional licensing board, or be326
denied any right or privilege, for the medical use, prescription, administration,327
manufacture, distribution, or transport of low THC oil medical cannabis or products:328
(1) A registered patient who is in possession of an amount of low THC oil medical329
cannabis or products authorized under Code Section 16-12-191 or such patient's330
caregiver, parent, or guardian;331
(2) A physician who certifies a patient to the Department of Public Health as being332
diagnosed with a condition or in a hospice program and authorized to use low THC oil333
medical cannabis or products for treatment pursuant to Code Section 31-2A-18;334
(3) A pharmacist or pharmacy that dispenses or provides low THC oil medical cannabis335
or products to a registered patient or such patient's caregiver, parent, or guardian;336
(4) The commission or its employees or contractors associated with the production of337
low THC oil medical cannabis or products in accordance with this article;338
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(5) A designated university, an employee of a designated university, or any other person
339
associated with the production of low THC oil
medical cannabis or products in340
accordance with this article; and341
(6) A licensee or an An employee, contractor, or agent of a licensee with proper342
identification associated with the production, manufacture, distribution, transport, or sale343
of low THC oil medical cannabis or products in accordance with this article."344
SECTION 3-6.345
Said chapter is further amended by repealing in its entirety Code Section 16-12-234, relating346
to unlawful ways to ingest low THC oil or products, and designating such Code section as347
reserved.348
SECTION 3-7.349
Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to350
regulation of controlled substances, is amended in Code Section 16-13-21, relating to351
definitions, by revising paragraph (16) as follows:352
"(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or353
not, the seeds thereof, the resin extracted from any part of such plant, and every354
compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds,355
or resin, but shall not include samples as described in subparagraph (P) of paragraph (3)356
of Code Section 16-13-25; shall not include the completely defoliated mature stalks of357
such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized358
samples of seeds of the plant which are incapable of germination; and shall not include359
hemp or hemp products, as such terms are defined in Code Section 2-23-3, or medical360
cannabis or products, as such terms are defined in Code Sections 16-12-190 and361
16-12-200, respectively, when in the possession or control of a person authorized to362
possess and control such medical cannabis or products under the provisions of Article 8363
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or Article 9 of Chapter 12 of this title. Such term shall not include products approved by364
the federal Food and Drug Administration under Section 505 of the federal Food, Drug,365
and Cosmetic Act."366
SECTION 3-8.367
Said article is further amended in Code Section 16-13-25, relating to Schedule I, by revising368
subparagraph (P) of paragraph (3) as follows:369
"(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of370
tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant371
material exhibiting the external morphological features of the plant of the genus372
Cannabis, but not including such substance when found in hemp or hemp products, as373
such terms are defined in Code Section 2-23-3, or in medical cannabis or products, as374
such terms are defined in Code Sections 16-12-190 and 16-12-200, respectively, when375
in the possession or control of a person authorized to possess or control such medical376
cannabis or products under the provisions of Article 8 or Article 9 of Chapter 12 of this377
title. Tetrahydrocannabinols do not include products approved by the federal Food and378
Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act;"379
SECTION 3-9.380
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to381
general provisions relative to the Department of Public Health, is amended by revising Code382
Section 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver383
forms, and annual review and recommendations, as follows:384
"31-2A-18.385
(a) As used in this Code section, the term:386
(1) 'Board' means the Georgia Composite Medical Board.387
(2) 'Caregiver' means:388
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(A) A the parent, guardian, or legal custodian of an individual who is less than 18 years389
of age or the legal guardian of an adult;390
(B) An adult who is designated by a patient as being an individual authorized to391
provide assistance, and who is willing to provide such assistance, with purchasing,392
possessing, and administering medical cannabis or products for such patient's use; or393
(C) A healthcare institution as defined in Code Section 51-1-29.6 where a patient is394
receiving health or medical care for a condition and where such institution agrees to395
allow such patient to possess and use medical cannabis or products on such institution's396
premises.397
(3) 'Condition' means:398
(A) Cancer, when such disease is diagnosed as end stage or the treatment produces399
related wasting illness or recalcitrant nausea and vomiting;400
(B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end401
stage;402
(C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;403
(D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;404
(E) Crohn's disease Inflammatory bowel disease;405
(F) Mitochondrial disease;406
(G) Parkinson's disease, when such disease is diagnosed as severe or end stage;407
(H) Sickle cell disease, when such disease is diagnosed as severe or end stage;408
(I) Tourette's syndrome, when such syndrome is diagnosed as severe;409
(J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at410
least 18 years of age, or severe autism, when diagnosed for a patient who is less than411
18 years of age;412
(K) Epidermolysis bullosa;413
(L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;414
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(M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as415
severe or end stage;416
(N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;417
(O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing418
of a trauma for a patient who is at least 18 years of age; or419
(P) Intractable pain;420
(Q) Lupus; or421
(R) Any other condition, disease, disorder, or syndrome for which:422
(i) An opioid has been or could be prescribed pursuant to generally accepted medical423
practice;424
(ii) A physician determines, in his or her clinical opinion, that a patient with such425
condition, disease, disorder, or syndrome would likely receive medical, palliative, or426
therapeutic benefits from the use of medical cannabis or products; or427
(iii) A patient is receiving inpatient or outpatient hospice care.428
(4) 'Department' means the Department of Public Health.429
(5) 'Intractable pain' means pain that has a cause that cannot be removed and for which,430
according to generally accepted medical practice, the full range of pain management431
modalities appropriate for the patient has been used for a period of at least six months432
without adequate results or with intolerable side effects.433
(6) 'Low THC oil Medical cannabis' shall have the same meaning as set forth in Code434
Section 16-12-190.435
(7) 'Physician' means an individual licensed to practice medicine pursuant to Article 2436
of Chapter 34 of Title 43.437
(8) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.438
(9) 'Registry' means the Low THC Oil Medical Cannabis Patient Registry.439
(b) There is established within the department the Low THC Oil Medical Cannabis Patient440
Registry.441
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(c) The purpose of the registry is to provide a registration of individuals and caregivers
442
who have been issued registration cards. The department shall establish procedures and443
promulgate rules and regulations for the establishment and operation of the registration444
process and dispensing of registry cards to individuals and caregivers.445
(d) The department shall issue a registration card to any individual who has been certified446
to the department by his or her physician as being diagnosed with a condition or is an447
inpatient or outpatient in a hospice program and has been authorized by such physician to448
use low THC oil
medical cannabis or products as treatment. The department shall issue a449
registration card to a caregiver when the circumstances warrant the issuance of such card. 450
The board shall establish procedures and promulgate rules and regulations to assist451
physicians in providing required uniform information relating to certification and any other452
matter relating to the issuance of certifications. In promulgating such rules and regulations,453
the board shall require that physicians have a doctor-patient relationship when certifying454
an individual as needing low THC oil medical cannabis or products and physicians shall455
be required to be treating such individual for the specific condition requiring such treatment456
or be treating such individual in a hospice program. A physician shall seek and review457
information about a patient from the prescription drug monitoring program data base458
established pursuant to Code Section 16-13-57 prior to certifying such patient to the459
department as being diagnosed with a specific condition that requires the use of low THC460
oil medical cannabis or products as treatment. A registration card issued pursuant to this461
Code section shall be valid for five years from the date of issuance so long as the individual462
patient or caregiver remains eligible for receipt of such card based on the continued463
diagnosis of such individual patient with a condition. If the individual patient or caregiver464
requests delivery of the registration card, the department shall deliver such card either via465
certified mail or by secure electronic means, including email, whichever delivery method466
is specified by such patient or caregiver.467
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(e) The board shall require physicians to issue semiannual reports to the board. Such
468
reports shall require physicians to provide information, including, but not limited to,469
dosages recommended for a particular condition, patient clinical responses, levels of470
tetrahydrocannabinol or tetrahydrocannabinolic acid present in test results, compliance,471
responses to treatment, side effects, and drug interactions. Such reports shall be used for472
research purposes to determine the efficacy of the use of low THC oil
medical cannabis or473
products as a treatment for conditions.474
(f) Information received and records kept by the department for purposes of administering475
this Code section shall be confidential; provided, however, that such information shall be476
disclosed, subject to the provisions of the federal Health Insurance Portability and477
Accountability Act of 1996, P.L. 104-191, and any regulations promulgated thereunder:478
(1) Upon written request of an individual or caregiver registered pursuant to this Code479
section for information related to the individual or his or her caregiver;480
(2) To peace officers and prosecuting attorneys for the purpose of:481
(A) Verifying that an individual in possession of a registration card is registered482
pursuant to this Code section; or483
(B) Determining that an individual in possession of low THC oil medical cannabis or484
products is registered pursuant to this Code section; and485
(3) To government entities and other entities for statistical, research, educational,486
instructional, drug abuse prevention, or grant application purposes after removing all487
personal identifiers from the health information and removing all information that could488
be used to identify prescribers.489
(g) The board shall develop a waiver form that will advise that the use of cannabinoids and490
THC containing products have not been approved by the FDA and the clinical benefits are491
unknown and may cause harm. Any patient or caregiver shall sign such waiver prior to his492
or her approval for registration.493
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(h) The board, in coordination with the Department of Public Health, shall annually review
494
the conditions included in paragraph (3) of subsection (a) of this Code section and495
recommend additional conditions that have been shown through medical research to be496
effectively treated with low THC oil
medical cannabis or products. Such recommendations497
shall include recommended dosages for a particular condition, patient responses to498
treatment with respect to the particular condition, and drug interactions with other drugs499
commonly taken by patients with the particular condition. Such recommendations shall500
be made jointly by the board and the Department of Public Health to the General Assembly501
no later than December 1 of each year."502
PART IV503
SECTION 4-1.504
All laws and parts of laws in conflict with this Act are repealed.505
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