25 LC 33 9778
Senate Bill 220
By: Senators Brass of the 6th, Summers of the 13th, Hatchett of the 50th, Strickland of the
42nd, Jackson of the 41st 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 revise the duties of the Georgia Access to Medical Cannabis Commission; to provide for7
the provision of certain information by licensees; to provide limitations on the provision of8
such information; to repeal the prohibition on certain manners of ingesting medical cannabis;9
to 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
provide for definitions; to provide a short title; to provide for related matters; to repeal13
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 "Putting Georgia's Patients First Act."18
PART II19
SECTION 2-1.20
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by21
replacing "low THC oil" and "Low THC oil" with "medical cannabis" and "Medical22
cannabis", respectively, wherever such terms occur in:23
(1) Code Section 2-11-36, relating to seeds used in production of low THC oil;24
(2) Code Section 2-23-9.2, relating to consumable hemp products, packaging, advertising,25
and distribution; and26
(3) Code Section 2-23-9.3, relating to location of retail establishments selling or27
distributing consumable hemp products.28
SECTION 2-2.29
Article 9 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to30
access to medical cannabis, is amended by replacing "low THC oil" and "Low THC oil" with31
"medical cannabis" and "Medical cannabis", respectively, and by replacing "Low THC Oil32
Patient Registry" with "Medical Cannabis Patient Registry" wherever such terms occur in:33
(1) Code Section 16-12-201, relating to prohibition against producing, growing,34
manufacturing, or dispensing low THC oil or products;35
(2) Code Section 16-12-204, relating to nontransferable designated university licenses to36
produce low THC oil and products, research and reporting of collected information, and37
license revocation;38
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(3) Code Section 16-12-206, relating to annual, nontransferable dispensing license,
39
adoption of rules, and fees;40
(4) Code Section 16-12-210, relating to powers, duties, and responsibilities of the Georgia41
Access to Medical Cannabis Commission, no undue burden on patients, and remission of42
fees;43
(5) Code Section 16-12-211, relating to class 1 production licenses, application fee,44
revocation, and limitation on ownership;45
(6) Code Section 16-12-212, relating to class 2 production licenses, application fees,46
revocation, and limitation on ownership;47
(7) Code Section 16-12-213, relating to tracking system requirements;48
(8) Code Section 16-12-216, relating to Bureau of Investigation, Access to Medical49
Cannabis Commission, and Composite Medical Board to jointly establish procedures to50
ensure compliance;51
(9) Code Section 16-12-217, relating to on-demand access to facilities, provision of52
samples, testing, and secured transportation;53
(10) Code Section 16-12-224, relating to limitation on ownership by member or former54
member of the Georgia Access to Medical Cannabis Commission, limitation on physician's55
involvement, and identification when contributing to political campaigns;56
(11) Code Section 16-12-226, relating to sales and use taxes applicable;57
(12) Code Section 16-12-230, relating to requirements for dispensing low THC oil and58
products;59
(13) Code Section 16-12-233, relating to contracts not against public policy;60
(14) Code Section 16-12-235, relating to research in compliance with federal regulations;61
and62
(15) Code Section 16-12-235.1, relating to possession of low THC oil and products by63
colleges and universities for research purposes, permitting requirements, and inspection.64
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SECTION 2-3.
65
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to66
general provisions relative to the Department of Public Health, is amended in Code Section67
31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver forms,68
and annual review and recommendations, by replacing "low THC oil" and "Low THC oil"69
with "medical cannabis" and "Medical cannabis", respectively, and by replacing "Low THC70
Oil Patient Registry" with "Medical Cannabis Patient Registry" wherever such terms occur.71
SECTION 2-4.72
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general73
provisions relative to torts, is amended in Code Section 51-1-29.6, relating to liability of74
health care institutions and providers regarding low THC oil, by replacing "low THC oil" and75
"Low THC oil" with "medical cannabis" and "Medical cannabis", respectively.76
PART III77
SECTION 3-1.78
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against79
the public health and morals, is amended by revising Article 8, relating to regulation of low80
THC oil, as follows:81
"ARTICLE 882
16-12-190.83
As used in this article, the term:
84
(1) 'Authorized research party' means a person involved in a clinical research program85
being conducted by the Board of Regents of the University System of Georgia or any86
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authorized clinical trial or research study in this state or such person's authorized agent87
as:88
(A) A program participant;89
(B) A parent, guardian, or legal custodian of a program participant;90
(C) An employee of the board of regents designated to participate in the research91
program;92
(D) A program agent;93
(E) A program collaborator and their designated employees;94
(F) A program supplier and their designated employees;95
(G) A program physician;96
(H) A program clinical researcher;97
(I) Program pharmacy personnel; or98
(J) Other program medical personnel.99
(2) 'Hemp' shall have the same meaning as set forth in Code Section 2-23-3.100
(3) 'Hemp products' shall have the same meaning as set forth in Code Section 2-23-3.101
(4) 'Medical cannabis' means any plant within the genus Cannabis and any part of such102
plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of103
isomers, whether growing or not; provided, however, that such 'low THC oil' means an104
oil that contains an amount of cannabidiol and not more than 5 percent by weight of105
tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of106
tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant107
material exhibiting the external morphological features of the plant of the genus108
Cannabis. Such term shall not mean include:109
(A) Goods products approved by the federal Food and Drug Administration under110
Section 505 of the federal Food, Drug, and Cosmetic Act; or111
(B) Hemp or hemp products.112
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(5) 'Out-of-state registered patient' means an individual who is legally authorized by113
another state to possess and use medical cannabis.114
(6) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.115
(7) 'Registered patient' shall have the same meaning as set forth in Code116
Section 16-12-200.117
16-12-191.118
(a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any119
person to possess, purchase, or have under his or her control 20 fluid ounces 1.0 ounce120
or less of low THC oil medical cannabis or a product or products containing an121
equivalent amount of medical cannabis if such substance medical cannabis or product or122
products is in a pharmaceutical container labeled by the manufacturer indicating the123
percentage of tetrahydrocannabinol therein and:124
(A) Such person is a registered patient with the Department of Public Health as set125
forth in Code Section 31-2A-18 and has in his or her possession a registration card126
issued by the Department of Public Health under Code Section 31-2A-18; or127
(B) Such person is an out-of-state registered patient and has in his or her possession a128
registration card issued by another state that allows the same possession of low THC129
oil medical cannabis as provided by this state's law; provided, however, that such130
registration card shall not be lawful authority when such person has been present in this131
state for 45 days or more.132
(2) Notwithstanding any provision of Chapter 13 of this title, any person registered133
patient or out-of-state registered patient who possesses, purchases, or has under his or her134
control 20 fluid ounces 1.0 ounce or less of low THC oil medical cannabis or a product135
or products containing an equivalent amount of medical cannabis without complying with136
paragraph (1) of this subsection shall be punished as for a misdemeanor.137
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(b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any
138
person to possess, purchase, or have under his or her control 20 fluid ounces
1.0 ounce139
or less of low THC oil medical cannabis or a product or products containing an140
equivalent amount of medical cannabis if:141
(A) Such person is an authorized research party; is involved in a clinical research142
program being conducted by the Board of Regents of the University System of Georgia143
or any authorized clinical trial or research study in this state or their authorized agent144
as:145
(i) A program participant;146
(ii) A parent, guardian, or legal custodian of a program participant;147
(iii) An employee of the board of regents designated to participate in the research148
program;149
(iv) A program agent;150
(v) A program collaborator and their designated employees;151
(vi) A program supplier and their designated employees;152
(vii) A program physician;153
(viii) A program clinical researcher;154
(ix) Program pharmacy personnel; or155
(x) Other program medical personnel; and156
(B) Such substance medical cannabis or product or products is in a pharmaceutical157
container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol158
therein.159
(2) Notwithstanding any provision of Chapter 13 of this title, any person authorized160
research party who possesses, purchases, or has under his or her control 20 fluid ounces161
1.0 ounce or less of low THC oil medical cannabis or a product or products containing162
an equivalent amount of medical cannabis without complying with subparagraphs (A),163
(B), and (C) of paragraph (1) of this subsection shall be punished as for a misdemeanor.164
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(c) Notwithstanding any provision of Chapter 13 of this title, any person Any registered165
patient, out-of-state registered patient, or authorized research party having possession of,166
purchasing, or having under his or her control more than 20 fluid ounces 1.0 ounce of low167
THC oil but less than 160 fluid ounces of low THC oil or who manufactures, distributes,168
dispenses, sells, purchases, or possesses with the intent to distribute low THC oil shall be169
guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not170
less than one year nor more than ten years, a fine not to exceed $50,000.00, or both medical171
cannabis or a product or products containing an equivalent amount of medical cannabis172
shall be subject to the penalties set forth in Chapter 13 of this title.173
(d) Notwithstanding any provision of Chapter 13 of this title, any person who sells,174
manufactures, delivers, brings into this state, purchases, or has possession of 160 or more175
fluid ounces of low THC oil shall be guilty of the felony offense of trafficking in low THC176
oil and, upon conviction thereof, shall be punished as follows:177
(1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid178
ounces, by imprisonment for not less than five years nor more than ten years and a fine179
not to exceed $100,000.00;180
(2) If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,000181
fluid ounces, by imprisonment for not less than seven years nor more than 15 years and182
a fine not to exceed $250,000.00; and183
(3) If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for184
not less than ten years nor more than 20 years and a fine not to exceed $1 million.185
(e)(d) Subsections Subsection (c) and (d) of this Code section shall not apply to a person186
involved in a research program being conducted by the Board of Regents of the University187
System of Georgia or its authorized agent as an employee of the board of regents188
designated to participate in such program, a program agent, a program collaborator and189
their its designated employees, a program supplier and their its designated employees, a190
physician, clinical researcher, pharmacy personnel, or other medical personnel.191
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(f) Subsections (c) and (d) of this Code section shall not apply to a designated university,192
pharmacy, or licensee under Article 9 of Chapter 12 of Title 16, provided that such193
possession, purchase, control, sale, manufacturing, distribution, or dispensing is solely194
conducted in accordance with the provisions of Article 9 of Chapter 12 of Title 16.195
(g)(e) Nothing in this article shall require an employer to permit or accommodate the use,196
consumption, possession, transfer, display, transportation, purchase, sale, or growing of197
marijuana in any form, or to affect the ability of an employer to have a written zero198
tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any199
employee from having a detectable amount of marijuana in such employee's system while200
at work."201
SECTION 3-2.202
Said chapter is further amended by revising Code Section 16-12-200, relating to definitions203
relative to access to medical cannabis, as follows:204
"16-12-200.205
As used in this article, the term:206
(1) 'Applicant' means a corporate entity applying for a license pursuant to this article.207
(2) 'Available capital' means corporate assets that are available to fund business208
operations in the event a license is awarded pursuant to Part 2 of this article.209
(3) 'Class 1 production license' means a license to produce and manufacture low THC210
oil medical cannabis and products issued pursuant to Code Section 16-12-211.211
(4) 'Class 2 production license' means a license to produce and manufacture low THC212
oil medical cannabis and products issued pursuant to Code Section 16-12-212.213
(5) 'Commission' means the Georgia Access to Medical Cannabis Commission created214
pursuant to Code Section 16-12-202.215
(6) 'Designated universities' means the University of Georgia and Fort Valley State216
University.217
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(7) 'Designated university license' means a license issued by the commission pursuant
218
to this article to a designated university to, separately or jointly, produce, manufacture,219
and purchase low THC oil
medical cannabis and products in accordance with this article.220
(8) 'Dispense' means the sale or provision of low THC oil medical cannabis and products221
to registered patients by a dispensing licensee.222
(9) 'Dispensing license' means a specialty license issued by the State Board of Pharmacy223
or the commission pursuant to Code Section 16-12-206 to dispense low THC oil medical224
cannabis and products to registered patients.225
(10) 'Grow' means cultivating and harvesting cannabis for use in producing low THC oil226
medical cannabis and products.227
(10.1) 'Hemp products' shall have the same meaning as set forth in Code Section 2-23-3.228
(11) 'Licensee' means any business, or owner of such business, with a valid license229
issued pursuant to this article.230
(12) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12-190.231
(13) 'Manufacture' means to process cannabis to produce low THC oil medical cannabis232
and products.233
(13) 'Medical cannabis' shall have the same meaning as set forth in Code234
Section 16-12-190.235
(14) 'Owner' means any person who directly or indirectly owns, actually or beneficially,236
or controls 5 percent or greater of interests of the applicant or any licensee. In the event237
that one person owns a beneficial right to interests and another person holds the voting238
rights with respect to such interests, then both shall be considered an owner of such239
interests.240
(15) 'Product' means all products that are derived from, or made by, processing medical241
cannabis and that are prepared in a form available for commercial sale low THC oil242
delivered through an oil, tincture, transdermal patch, lotion, or capsule, except as243
prohibited by Code Section 16-12-234, but not including hemp products any food244
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products infused with low THC oil, including, but not limited to, cookies, candies, or245
edibles.246
(16) 'Registered patient' means an individual who is legally authorized to possess and use247
low THC oil medical cannabis and products pursuant to Code Section 31-2A-18.248
(17) 'Tracking system' means a seed-to-sale tracking system to track marijuana that is249
grown, processed, manufactured, transferred, stored, or disposed of and low THC oil250
medical cannabis and products that are transferred, stored, sold, dispensed, or disposed251
of pursuant to this article."252
SECTION 3-3.253
Said chapter is further amended by revising Code Section 16-12-203, relating to the powers,254
duties, and responsibilities of the Georgia Access to Medical Cannabis Commission, as255
follows:256
"16-12-203.257
The commission shall have the following powers, duties, and responsibilities:258
(1) To apply for, receive, and administer state funds appropriated to the commission,259
private grants and donations, and other funds and donations. The commission's annual260
distributions shall be capped and limited to funds received from the sources specified in261
this paragraph. The commission shall ensure that its funds are not used as a supplement262
or secondary payor to any other third-party payor;263
(2) To execute a contract or contracts to purchase or obtain low THC oil medical264
cannabis, cannabis, cannabinoids, or any other derivative, compound, or substantially265
similar products goods from any available legal source and to provide logistics related266
thereto in accordance with this article. Such contract or contracts may be executed with267
one or more qualified corporations or with one or more governmental entities. Purchases268
made pursuant to this paragraph shall not be subject to state purchasing laws contained269
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in Article 3 of Chapter 5 of Title 50 or in other provisions of the Official Code of Georgia
270
Annotated;271
(3) To utilize funds appropriated to the commission as may be necessary to purchase and272
transport low THC oil
medical cannabis and products to the State of Georgia for use by273
registered patients;274
(4) To develop, establish, maintain, and administer a low THC oil medical cannabis and275
products distribution network to obtain and distribute low THC oil medical cannabis and276
products to registered patients in this state and to coordinate the best use of facilities and277
resources to operate such distribution network;278
(5) To establish procedures for inspecting production facilities operated by designated279
universities;280
(6) To establish requirements and procedures to ensure quality control, security, and281
oversight of low THC oil medical cannabis and products production in this state,282
including, but not limited to, testing for purity and dosage levels and verification that283
product labels accurately reflect product content;284
(7) To provide for oversight of tracking systems;285
(8) To coordinate and assist in the collection of data to evaluate the provision of low286
THC oil medical cannabis and products in this state;287
(9) To study the provision of low THC oil medical cannabis and products in this state to288
determine the best practices and methods of providing such services, to determine what289
changes are needed to improve the provision of low THC oil medical cannabis and290
products, and to report any proposed legislative changes to the General Assembly each291
year;292
(10) To coordinate its activities with the Department of Public Health;293
(10.1) To engage in public awareness activities concerning the medical cannabis294
program in this state and effective uses of medical cannabis and products, including, but295
not limited to, publishing materials and conducting outreach and public education296
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activities to inform members of the public, law enforcement, and healthcare providers297
about the medical cannabis program in this state and the potential benefits that medical298
cannabis and products may have to eligible patients;299
(11) To employ an executive director and other staff and to establish duties and300
responsibilities of such persons;301
(12) To employ and manage consultants, as deemed necessary, in order to fulfill its302
duties and responsibilities under this article;303
(13) To review new treatment and delivery methods for low THC oil medical cannabis304
and products that may result from medical research and are not otherwise inconsistent305
with this article, and recommend statutory changes to the General Assembly to authorize306
such treatment and delivery methods and products;307
(14) To be responsible for the noncriminal enforcement of the provisions of this article308
and to have all of the necessary duties, power, and authority to carry out such309
responsibility;310
(15) To be authorized to draft, adopt, amend, repeal, and enforce such rules and311
regulations as it deems necessary for the administration and enforcement of this article312
in the protection of public health, safety, and welfare;313
(16) To enforce qualifications for licensure; and314
(17) To levy fines for failure by a Class 1 production licensee, Class 2 production315
licensee, or dispensing licensee to operate in accordance with rules and regulations316
established by the commission within 14 days of written notice by the commission of317
specific violations. Such fines shall not exceed $25,000.00 for a first offense, $50,000.00318
for a failure to remedy the offense within 60 days after written notice of a first offense,319
and $75,000.00 for subsequent failures to remedy noncompliance within 90 days after320
written notice of a first offense. Following a third written notice of a recurring violation,321
the commission may also order a licensee to cease operations for a period of up to 30322
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days to correct the violation. Any such fines or orders to cease operations shall be subject
323
to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"324
SECTION 3-4.325
Said chapter is further amended by revising Code Section 16-12-215, relating to limitations326
on locations, advertising or marketing prohibited, and information available to physicians,327
as follows:328
"16-12-215.329
(a) No licensee shall operate in any location, whether for cultivation, harvesting, and330
processing of marijuana or for processing, manufacturing, packaging, or distributing low
331
THC oil medical cannabis or products, within a 3,000 foot radius of a covered entity,332
measured from property boundary to property boundary. No dispensing licensee may333
operate in any location within a 1,000 foot radius of a covered entity, measured from334
property boundary to property boundary. Notwithstanding the provisions of this335
subsection, local governments may, via use of existing zoning powers otherwise provided336
by law, allow dispensing licensees only to locate in places other than those provided in this337
subsection so long as such modification is needed to allow retail outlets to be established338
to service registered patients residing within such local jurisdiction. As used in this339
subsection, the term 'covered entity' means a public or private school; an early care and340
education program as defined in Code Section 20-1A-2; or a church, synagogue, or other341
place of public religious worship, in existence prior to the date of licensure of such licensee342
by the commission or State Board of Pharmacy.343
(b)(1) Except as provided in paragraph (2) of this subsection, no No licensee shall344
advertise or market low THC oil medical cannabis or products to registered patients or345
the public; provided, however, that third party associations representing the medical346
cannabis industry shall not be subject to this prohibition.347
(2) A; provided, however, that a licensee shall be authorized to provide information:348
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(A) Regarding regarding its low THC oil medical cannabis and products directly to349
physicians and healthcare providers; and350
(B) About the legal and safe uses of medical cannabis and products to registered351
patients or the public.352
(3) Any information provided by a licensee pursuant to paragraph (2) of this subsection353
shall not:354
(A) Include any medical claim, unless such claim is supported by reliable scientific355
evidence;356
(B) Make any false or misleading claim; or357
(C) Be attractive to children or otherwise directly or indirectly targeted to individuals358
under 21 years of age. For purposes of this subparagraph, the term 'attractive to359
children' shall have the same meaning as set forth in Code Section 2-23-3."360
SECTION 3-5.361
Said chapter is further amended by revising Code Section 16-12-225, relating to criminal362
offenses and penalties, as follows:363
"16-12-225.364
(a) A licensee or licensee's employee who knowingly or willfully encourages, causes,365
abets, connives, conspires, or aids in the endangerment of patients, trafficking of low THC366
oil, products, or its manufacturing by-products, in marijuana as set forth in Code367
Section 16-13-31, or criminal distribution of raw materials and agricultural inputs,368
including but not limited to seeds, under this part shall be guilty of a felony and, upon369
conviction thereof, be punished by a fine not to exceed $100,000.00, imprisonment for not370
less than five nor more than ten years, or both.371
(b) Any person whose acts or omissions of gross, willful, or wanton negligence contribute372
to or cause the endangerment of patients, trafficking in marijuana as set forth in Code373
Section 16-13-31, of low THC oil, products, or its manufacturing by-products, or criminal374
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distribution of raw materials and agricultural inputs, including but not limited to seeds,
375
under this part shall be guilty of a misdemeanor of a high and aggravated nature and, upon376
conviction thereof, be punished by a fine of up to $5,000.00, imprisonment for up to 12377
months, or both.378
(c) Failure to comply with all other provisions of this part shall be punishable by a fine of379
up to $500.00 for the first offense. All persons convicted of a second or subsequent offense380
shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of up381
to $1,000.00, imprisonment for up to six months, or both, for each violation.382
(d) The provisions of this Code section shall not preclude prosecution and punishment for383
the commission of any offense otherwise provided by law."384
SECTION 3-6.385
Said chapter is further amended by revising Code Section 16-12-231, relating to exemptions386
from arrest, prosecutions, or penalty, as follows:387
"16-12-231.388
The following persons and entities, when acting in accordance with the provisions of this389
article, shall not be subject to arrest, prosecution, or any civil or administrative penalty,390
including a civil penalty or disciplinary action by a professional licensing board, or be391
denied any right or privilege, for the medical use, prescription, administration,392
manufacture, distribution, or transport of low THC oil
medical cannabis or products:393
(1) A registered patient who is in possession of an amount of low THC oil medical394
cannabis or products authorized under Code Section 16-12-191 or such patient's395
caregiver, parent, or guardian;396
(2) A physician who certifies a patient to the Department of Public Health as being397
diagnosed with a condition or in a hospice program and authorized to use low THC oil398
medical cannabis or products for treatment pursuant to Code Section 31-2A-18;399
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(3) A pharmacist or pharmacy that dispenses or provides low THC oil medical cannabis400
or products to a registered patient;401
(4) The commission or its employees or contractors associated with the production of402
low THC oil medical cannabis or products in accordance with this article;403
(5) A designated university, an employee of a designated university, or any other person404
associated with the production of low THC oil medical cannabis or products in405
accordance with this article; and406
(6) A licensee or an An employee, contractor, or agent of a licensee with proper407
identification associated with the production, manufacture, distribution, transport, or sale408
of low THC oil medical cannabis or products in accordance with this article."409
SECTION 3-7.410
Said chapter is further amended by repealing in its entirety Code Section 16-12-234, relating411
to unlawful ways to ingest low THC oil or products, and designating such Code section as412
reserved.413
SECTION 3-8.414
Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to415
regulation of controlled substances, is amended in Code Section 16-13-21, relating to416
definitions, by revising paragraph (16) as follows:417
"(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or418
not, the seeds thereof, the resin extracted from any part of such plant, and every419
compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds,420
or resin, but shall not include samples as described in subparagraph (P) of paragraph (3)421
of Code Section 16-13-25; shall not include the completely defoliated mature stalks of422
such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized423
samples of seeds of the plant which are incapable of germination; and shall not include424
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hemp or hemp products, as such terms are defined in Code Section 2-23-3, or medical425
cannabis or products, as such terms are defined in Code Sections 16-12-190 and426
16-12-200, respectively, when in the possession or control of a person authorized to427
possess and control such medical cannabis or products under the provisions of Article 8428
or Article 9 of Chapter 12 of this title. Such term shall not include products approved by429
the federal Food and Drug Administration under Section 505 of the federal Food, Drug,430
and Cosmetic Act."431
SECTION 3-9.432
Said article is further amended in Code Section 16-13-25, relating to Schedule I, by revising433
subparagraph (P) of paragraph (3) as follows:434
"(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of435
tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant436
material exhibiting the external morphological features of the plant of the genus437
Cannabis, but not including such substance when found in hemp or hemp products, as438
such terms are defined in Code Section 2-23-3, or in medical cannabis or products, as439
such terms are defined in Code Sections 16-12-190 and 16-12-200, respectively, when440
in the possession or control of a person authorized to possess or control such medical441
cannabis or products under the provisions of Article 8 or Article 9 of Chapter 12 of this442
title. Tetrahydrocannabinols do not include products approved by the federal Food and443
Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act;"444
SECTION 3-10.445
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to446
general provisions relative to the Department of Public Health, is amended in Code447
Section 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver448
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forms, and annual review and recommendations, by revising paragraph (3) of subsection (a)
449
as follows:450
"(3) 'Condition' means any of the following, provided that the patient's symptoms
451
associated with any such condition can reasonably be expected to be relieved by the use452
of medical cannabis and the potential benefits of such use to the patient outweigh the453
potential health risks that such use might pose to the patient:454
(A) Cancer, when such disease is diagnosed as end stage or the treatment produces455
related wasting illness or recalcitrant nausea and vomiting;456
(B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end457
stage;458
(C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;459
(D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;460
(E) Crohn's disease;461
(F) Mitochondrial disease;462
(G) Parkinson's disease, when such disease is diagnosed as severe or end stage;463
(H) Sickle cell disease, when such disease is diagnosed as severe or end stage;464
(I) Tourette's syndrome, when such syndrome is diagnosed as severe;465
(J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at466
least 18 years of age, or severe autism, when diagnosed for a patient who is less than467
18 years of age;468
(K) Epidermolysis bullosa;469
(L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;470
(M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as471
severe or end stage;472
(N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;473
(O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing474
of a trauma for a patient who is at least 18 years of age; or475
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(P) Intractable pain; or476
(Q) Any other medical condition that is diagnosed as severe or end stage and for which477
medical treatments other than the use of medical cannabis have been ineffective."478
PART IV479
SECTION 4-1.480
All laws and parts of laws in conflict with this Act are repealed.481
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