25 SB 220/CSFA
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
AS PASSED SENATE
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) 'Medical cannabis' means any plant within the genus Cannabis and any part of such85
plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of86
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isomers, whether growing or not, 'low THC oil' means an oil that contains an amount of87
cannabidiol and not more than 5 percent 50 percent by weight of tetrahydrocannabinol,88
tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and89
tetrahydrocannabinolic acid which does not contain plant material exhibiting the external90
morphological features of the plant of the genus Cannabis. Such term shall not mean91
include:92
(A) Products products approved by the federal Food and Drug Administration under93
Section 505 of the federal Food, Drug, and Cosmetic Act; or94
(B) Hemp or hemp products, as defined in Code Section 2-23-3.95
(2) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.96
(3) 'Registered patient' shall have the same meaning as set forth in Code97
Section 16-12-200.98
16-12-191.99
(a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any100
person to possess, purchase, or have under his or her control 20 fluid ounces 2.0 ounces101
or less of low THC oil medical cannabis or a product or products containing an102
equivalent amount of medical cannabis if such substance medical cannabis or product or103
products is in a pharmaceutical container labeled by the manufacturer indicating the104
percentage of tetrahydrocannabinol therein and:105
(A) Such person is a registered patient with the Department of Public Health as set106
forth in Code Section 31-2A-18 and has in his or her possession a registration card107
issued by the Department of Public Health pursuant to Code Section 31-2A-18; or108
(B) Such person has in his or her possession a registration card issued by another state109
that allows the same possession of low THC oil medical cannabis as provided by this110
state's law; provided, however, that such registration card shall not be lawful authority111
when such person has been present in this state for 45 days or more.112
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(2) Notwithstanding any provision of Chapter 13 of this title, any person registered113
patient who possesses, purchases, or has under his or her control 20 fluid ounces 2.0114
ounces or less of low THC oil medical cannabis or a product or products containing an115
equivalent amount of medical cannabis without complying with paragraph (1) of this116
subsection shall be punished as for a misdemeanor.117
(b)(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 2.0 ounces119
or less of low THC oil medical cannabis or a product or products containing an120
equivalent amount of medical cannabis if:121
(A) Such person is involved in a clinical research program being conducted by the122
Board of Regents of the University System of Georgia or any authorized clinical trial123
or research study in this state or their authorized agent as:124
(i) A program participant;125
(ii) A parent, guardian, or legal custodian of a program participant;126
(iii) An employee of the board of regents designated to participate in the research127
program;128
(iv) A program agent;129
(v) A program collaborator and their designated employees;130
(vi) A program supplier and their designated employees;131
(vii) A program physician;132
(viii) A program clinical researcher;133
(ix) Program pharmacy personnel; or134
(x) Other program medical personnel; and135
(B) Such substance medical cannabis or product or products is in a pharmaceutical136
container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol137
therein.138
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(2) Notwithstanding any provision of Chapter 13 of this title, any such person who139
possesses, purchases, or has under his or her control 20 fluid ounces 2.0 ounces or less140
of low THC oil medical cannabis or a product or products containing an equivalent141
amount of medical cannabis without complying with subparagraphs (A), (B), and (C) of142
paragraph (1) of this subsection shall be punished as for a misdemeanor.143
(c) Notwithstanding any provision of Chapter 13 of this title, any person Any registered144
patient having possession of, purchasing, or having under his or her control more than 20145
fluid ounces 2.0 ounces of low THC oil but less than 160 fluid ounces of low THC oil or146
who manufactures, distributes, dispenses, sells, purchases, or possesses with the intent to147
distribute low THC oil shall be guilty of a felony and, upon conviction thereof, shall be148
punished by imprisonment for not less than one year nor more than ten years, a fine not to149
exceed $50,000.00, or both medical cannabis or a product or products containing an150
equivalent amount of medical cannabis shall be subject to the penalties set forth in Chapter151
13 of this title.152
(d) Notwithstanding any provision of Chapter 13 of this title, any person who sells,153
manufactures, delivers, brings into this state, purchases, or has possession of 160 or more154
fluid ounces of low THC oil shall be guilty of the felony offense of trafficking in low THC155
oil and, upon conviction thereof, shall be punished as follows:156
(1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid157
ounces, by imprisonment for not less than five years nor more than ten years and a fine158
not to exceed $100,000.00;159
(2) If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,000160
fluid ounces, by imprisonment for not less than seven years nor more than 15 years and161
a fine not to exceed $250,000.00; and162
(3) If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for163
not less than ten years nor more than 20 years and a fine not to exceed $1 million.164
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(e)(d) Subsection Subsections (c) and (d) of this Code section shall not apply to a person165
involved in a research program being conducted by the Board of Regents of the University166
System of Georgia or its authorized agent as an employee of the board of regents167
designated to participate in such program, a program agent, a program collaborator and168
their its designated employees, a program supplier and their its designated employees, a169
physician, clinical researcher, pharmacy personnel, or other medical personnel.170
(f) Subsections (c) and (d) of this Code section shall not apply to a designated university,171
pharmacy, or licensee under Article 9 of Chapter 12 of Title 16, provided that such172
possession, purchase, control, sale, manufacturing, distribution, or dispensing is solely173
conducted in accordance with the provisions of Article 9 of Chapter 12 of Title 16.174
(g)(e) Nothing in this article shall require an employer to permit or accommodate the use,175
consumption, possession, transfer, display, transportation, purchase, sale, or growing of176
marijuana in any form, or to affect the ability of an employer to have a written zero177
tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any178
employee from having a detectable amount of marijuana in such employee's system while179
at work."180
SECTION 3-2.181
Said chapter is further amended by revising Code Section 16-12-200, relating to definitions182
relative to access to medical cannabis, as follows:183
"16-12-200.184
As used in this article, the term:185
(1) 'Applicant' means a corporate entity applying for a license pursuant to this article.186
(2) 'Available capital' means corporate assets that are available to fund business187
operations in the event a license is awarded pursuant to Part 2 of this article.188
(3) 'Class 1 production license' means a license to produce and manufacture low THC189
oil medical cannabis and products issued pursuant to Code Section 16-12-211.190
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(4) 'Class 2 production license' means a license to produce and manufacture low THC191
oil medical cannabis and products issued pursuant to Code Section 16-12-212.192
(5) 'Commission' means the Georgia Access to Medical Cannabis Commission created193
pursuant to Code Section 16-12-202.194
(6) 'Designated universities' means the University of Georgia and Fort Valley State195
University.196
(7) 'Designated university license' means a license issued by the commission pursuant197
to this article to a designated university to, separately or jointly, produce, manufacture,198
and purchase low THC oil medical cannabis and products in accordance with this article.199
(8) 'Dispense' means the sale or provision of low THC oil medical cannabis and products200
to registered patients by a dispensing licensee.201
(9) 'Dispensing license' means a specialty license issued by the State Board of Pharmacy202
or the commission pursuant to Code Section 16-12-206 to dispense low THC oil medical203
cannabis and products to registered patients.204
(10) 'Grow' means cultivating and harvesting cannabis for use in producing low THC oil205
medical cannabis and products.206
(11) 'Licensee' means any business, or owner of such business, with a valid license207
issued pursuant to this article.208
(12) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12-190.209
(13) 'Manufacture' means to process cannabis to produce low THC oil medical cannabis210
and products.211
(13) 'Medical cannabis' shall have the same meaning as set forth in Code212
Section 16-12-190.213
(14) 'Owner' means any person who directly or indirectly owns, actually or beneficially,214
or controls 5 percent or greater of interests of the applicant or any licensee. In the event215
that one person owns a beneficial right to interests and another person holds the voting216
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rights with respect to such interests, then both shall be considered an owner of such
217
interests.218
(15) 'Product' means all products that are derived from, or made by, processing medical
219
cannabis and that are prepared in a form available for commercial sale, including medical220
cannabis low THC oil delivered through an oil, or tincture, transdermal patch, lotion, or221
capsule, except as prohibited by Code Section 16-12-234, but not including:222
(A) Hemp products;223
(B) Any any food products infused with low THC oil containing medical cannabis,224
including, but not limited to, cookies, and candies; or225
(C) Raw plant material or any products containing raw plant material, or edibles.226
(16) 'Registered patient' means an individual who is legally authorized to possess and use227
low THC oil medical cannabis and products pursuant to Code Section 31-2A-18.228
(17) 'Tracking system' means a seed-to-sale tracking system to track marijuana that is229
grown, processed, manufactured, transferred, stored, or disposed of and low THC oil230
medical cannabis and products that are transferred, stored, sold, dispensed, or disposed231
of pursuant to this article."232
SECTION 3-3.233
Said chapter is further amended by revising Code Section 16-12-203, relating to the powers,234
duties, and responsibilities of the Georgia Access to Medical Cannabis Commission, as235
follows:236
"16-12-203.237
The commission shall have the following powers, duties, and responsibilities:238
(1) To apply for, receive, and administer state funds appropriated to the commission,239
private grants and donations, and other funds and donations. The commission's annual240
distributions shall be capped and limited to funds received from the sources specified in241
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this paragraph. The commission shall ensure that its funds are not used as a supplement
242
or secondary payor to any other third-party payor;243
(2) To execute a contract or contracts to purchase or obtain low THC oil
medical244
cannabis, cannabis, cannabinoids, or any other derivative, compound, or substantially245
similar products from any available legal source and to provide logistics related thereto246
in accordance with this article. Such contract or contracts may be executed with one or247
more qualified corporations or with one or more governmental entities. Purchases made248
pursuant to this paragraph shall not be subject to state purchasing laws contained in249
Article 3 of Chapter 5 of Title 50 or in other provisions of the Official Code of Georgia250
Annotated;251
(3) To utilize funds appropriated to the commission as may be necessary to purchase and252
transport low THC oil medical cannabis and products to the State of Georgia for use by253
registered patients;254
(4) To develop, establish, maintain, and administer a low THC oil medical cannabis and255
products distribution network to obtain and distribute low THC oil medical cannabis and256
products to registered patients in this state and to coordinate the best use of facilities and257
resources to operate such distribution network;258
(5) To establish procedures for inspecting production facilities operated by designated259
universities;260
(6) To establish requirements and procedures to ensure quality control, security, and261
oversight of low THC oil medical cannabis and products production in this state,262
including, but not limited to, testing for purity and dosage levels and verification that263
product labels accurately reflect product content;264
(7) To provide for oversight of tracking systems;265
(8) To coordinate and assist in the collection of data to evaluate the provision of low266
THC oil medical cannabis and products in this state;267
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(9) To study the provision of low THC oil medical cannabis and products in this state to268
determine the best practices and methods of providing such services, to determine what269
changes are needed to improve the provision of low THC oil medical cannabis and270
products, and to report any proposed legislative changes to the General Assembly each271
year;272
(10) To coordinate its activities with the Department of Public Health;273
(10.1) To engage in public awareness activities concerning the medical cannabis274
program in this state and effective uses of medical cannabis and products, including, but275
not limited to, publishing materials and conducting outreach and public education276
activities to inform members of the public, law enforcement, and healthcare providers277
about the medical cannabis program in this state and the potential benefits that medical278
cannabis and products may have to eligible patients;279
(11) To employ an executive director and other staff and to establish duties and280
responsibilities of such persons;281
(12) To employ and manage consultants, as deemed necessary, in order to fulfill its282
duties and responsibilities under this article;283
(13) To review new treatment and delivery methods for low THC oil medical cannabis284
and products that may result from medical research and are not otherwise inconsistent285
with this article, and recommend statutory changes to the General Assembly to authorize286
such treatment and delivery methods and products;287
(14) To be responsible for the noncriminal enforcement of the provisions of this article288
and to have all of the necessary duties, power, and authority to carry out such289
responsibility;290
(15) To be authorized to draft, adopt, amend, repeal, and enforce such rules and291
regulations as it deems necessary for the administration and enforcement of this article292
in the protection of public health, safety, and welfare;293
(16) To enforce qualifications for licensure; and294
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(17) To levy fines for failure by a Class 1 production licensee, Class 2 production
295
licensee, or dispensing licensee to operate in accordance with rules and regulations296
established by the commission within 14 days of written notice by the commission of297
specific violations. Such fines shall not exceed $25,000.00 for a first offense, $50,000.00298
for a failure to remedy the offense within 60 days after written notice of a first offense,299
and $75,000.00 for subsequent failures to remedy noncompliance within 90 days after300
written notice of a first offense. Following a third written notice of a recurring violation,301
the commission may also order a licensee to cease operations for a period of up to 30302
days to correct the violation. Any such fines or orders to cease operations shall be subject303
to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"304
SECTION 3-4.305
Said chapter is further amended by revising Code Section 16-12-215, relating to limitations306
on locations, advertising or marketing prohibited, and information available to physicians,307
as follows:308
"16-12-215.309
(a) No licensee shall operate in any location, whether for cultivation, harvesting, and310
processing of marijuana or for processing, manufacturing, packaging, or distributing low
311
THC oil medical cannabis or products, within a 3,000 foot radius of a covered entity,312
measured from property boundary to property boundary. No dispensing licensee may313
operate in any location within a 1,000 foot radius of a covered entity, measured from314
property boundary to property boundary. Notwithstanding the provisions of this315
subsection, local governments may, via use of existing zoning powers otherwise provided316
by law, allow dispensing licensees only to locate in places other than those provided in this317
subsection so long as such modification is needed to allow retail outlets to be established318
to service registered patients residing within such local jurisdiction. As used in this319
subsection, the term 'covered entity' means a public or private school; an early care and320
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education program as defined in Code Section 20-1A-2; or a church, synagogue, or other
321
place of public religious worship, in existence prior to the date of licensure of such licensee322
by the commission or State Board of Pharmacy.323
(b)(1) Except as provided in paragraph (2) of this subsection, no
No licensee shall324
advertise or market low THC oil medical cannabis or products to registered patients or325
the public; provided, however, that third party associations representing the medical326
cannabis industry shall not be subject to this prohibition.327
(2) A; provided, however, that a licensee shall be authorized to provide information:328
(A) Regarding regarding its low THC oil medical cannabis and products directly to329
physicians and healthcare providers; and330
(B) About the legal and safe uses of medical cannabis and products to registered331
patients or the public.332
(3) Any information provided by a licensee pursuant to paragraph (2) of this subsection333
shall not:334
(A) Include any medical claim, unless such claim is supported by reliable scientific335
evidence;336
(B) Make any false or misleading claim; or337
(C) Be attractive to children or otherwise directly or indirectly targeted to individuals338
under 21 years of age. For purposes of this subparagraph, the term 'attractive to339
children' shall have the same meaning as set forth in Code Section 2-23-3."340
SECTION 3-5A.341
Said chapter is further amended by revising subsection (a) of Code Section 16-12-230,342
relating to requirements for dispensing low THC oil and products, as follows:343
"(a) Low THC oil and Medical cannabis or products shall only be dispensed to registered344
patients or caregivers in this state by a dispensing licensee or directly from the commission345
pursuant to this article."346
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SECTION 3-5.
347
Said chapter is further amended by revising Code Section 16-12-225, relating to criminal348
offenses and penalties, as follows:349
"16-12-225.350
(a) A licensee or licensee's employee who knowingly or willfully encourages, causes,351
abets, connives, conspires, or aids in the endangerment of patients, trafficking of low THC
352
oil medical cannabis, products, or its manufacturing by-products, or criminal distribution353
of raw materials and agricultural inputs, including but not limited to seeds, under this part354
shall be guilty of a felony and, upon conviction thereof, be punished by a fine not to exceed355
$100,000.00, imprisonment for not less than five nor more than ten years, or both.356
(b) Any person whose acts or omissions of gross, willful, or wanton negligence contribute357
to or cause the endangerment of patients, trafficking of low THC oil medical cannabis,358
products, or its manufacturing by-products, or criminal distribution of raw materials and359
agricultural inputs, including but not limited to seeds, under this part shall be guilty of a360
misdemeanor of a high and aggravated nature and, upon conviction thereof, be punished361
by a fine of up to $5,000.00, imprisonment for up to 12 months, or both.362
(c) Failure to comply with all other provisions of this part shall be punishable by a fine of363
up to $500.00 for the first offense. All persons convicted of a second or subsequent offense364
shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of up365
to $1,000.00, imprisonment for up to six months, or both, for each violation.366
(d) The provisions of this Code section shall not preclude prosecution and punishment for367
the commission of any offense otherwise provided by law."368
SECTION 3-6.369
Said chapter is further amended by revising Code Section 16-12-231, relating to exemptions370
from arrest, prosecutions, or penalty, as follows:371
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"16-12-231.
372
The following persons and entities, when acting in accordance with the provisions of this373
article, shall not be subject to arrest, prosecution, or any civil or administrative penalty,374
including a civil penalty or disciplinary action by a professional licensing board, or be375
denied any right or privilege, for the medical use, prescription, administration,376
manufacture, distribution, or transport of low THC oil
medical cannabis or products:377
(1) A registered patient who is in possession of an amount of low THC oil medical378
cannabis or products authorized under Code Section 16-12-191 or such patient's379
caregiver, parent, or guardian;380
(2) A physician who certifies a patient to the Department of Public Health as being381
diagnosed with a condition or in a hospice program and authorized to use low THC oil382
medical cannabis or products for treatment pursuant to Code Section 31-2A-18;383
(3) A pharmacist or pharmacy that dispenses or provides low THC oil medical cannabis384
or products to a registered patient; or products to a registered patient, or such patient's385
caregiver, parent, or guardian;386
(4) The commission or its employees or contractors associated with the production of387
low THC oil medical cannabis or products in accordance with this article;388
(5) A designated university, an employee of a designated university, or any other person389
associated with the production of low THC oil medical cannabis or products in390
accordance with this article; and391
(6) A licensee or an An employee, contractor, or agent of a licensee with proper392
identification associated with the production, manufacture, distribution, transport, or sale393
of low THC oil medical cannabis or products in accordance with this article."394
SECTION 3-7.395
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Said chapter is further amended by repealing in its entirety Code Section 16-12-234, relating
396
to unlawful ways to ingest low THC oil or products, and designating such Code section as397
reserved.398
SECTION 3-8.399
Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to400
regulation of controlled substances, is amended in Code Section 16-13-21, relating to401
definitions, by revising paragraph (16) as follows:402
"(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or403
not, the seeds thereof, the resin extracted from any part of such plant, and every404
compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds,405
or resin, but shall not include samples as described in subparagraph (P) of paragraph (3)406
of Code Section 16-13-25; shall not include the completely defoliated mature stalks of407
such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized408
samples of seeds of the plant which are incapable of germination; and shall not include409
hemp or hemp products,
as such terms are defined in Code Section 2-23-3, or medical410
cannabis or products, as such terms are defined in Code Sections 16-12-190 and411
16-12-200, respectively, when in the possession or control of a person authorized to412
possess and control such medical cannabis or products under the provisions of Article 8413
or Article 9 of Chapter 12 of this title. Such term shall not include products approved by414
the federal Food and Drug Administration under Section 505 of the federal Food, Drug,415
and Cosmetic Act."416
SECTION 3-9.417
Said article is further amended in Code Section 16-13-25, relating to Schedule I, by revising418
subparagraph (P) of paragraph (3) as follows:419
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"(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of
420
tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant421
material exhibiting the external morphological features of the plant of the genus422
Cannabis, but not including such substance when found in hemp or hemp products,
as423
such terms are defined in Code Section 2-23-3, or in medical cannabis or products, as424
such terms are defined in Code Sections 16-12-190 and 16-12-200, respectively, when425
in the possession or control of a person authorized to possess or control such medical426
cannabis or products under the provisions of Article 8 or Article 9 of Chapter 12 of this427
title. Tetrahydrocannabinols do not include products approved by the federal Food and428
Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act;"429
SECTION 3-10.430
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to431
general provisions relative to the Department of Public Health, is amended in Code432
Section 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver433
forms, and annual review and recommendations, by revising paragraph (3) of subsection (a)434
as follows: forms, and annual review and recommendations, by revising paragraphs (2) and435
(3) of subsection (a) as follows:436
"(2) 'Caregiver' means:437
(A) A the parent, guardian, or legal custodian of an individual who is less than 18 years438
of age or the legal guardian of an adult;439
(B) An adult who is designated by a patient as being an individual authorized to440
provide assistance, and who is willing to provide such assistance, with purchasing,441
possessing, and administering medical cannabis or products for such patient's use; or442
(C) A healthcare institution as defined in Code Section 51-1-29.6 where a patient is443
receiving health or medical care for a condition and where such institution agrees to444
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allow such patient to possess and use medical cannabis or products on such institution's445
premises.446
"(3) 'Condition' means any of the following, provided that the patient's symptoms447
associated with any such condition can reasonably be expected to be relieved by the use448
of medical cannabis and the potential benefits of such use to the patient outweigh the449
potential health risks that such use might pose to the patient:450
(A) Any cancer except skin cancer, unless it is metastatic skin cancer Cancer when such451
disease is diagnosed as end stage or the treatment produces related wasting illness or452
recalcitrant nausea and vomiting;453
(B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end454
stage;455
(C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;456
(D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;457
(E) Crohn's disease Inflammatory bowel disease;458
(F) Mitochondrial disease;459
(G) Parkinson's disease, when such disease is diagnosed as severe or end stage;460
(H) Sickle cell disease, when such disease is diagnosed as severe or end stage;461
(I) Tourette's syndrome, when such syndrome is diagnosed as severe;462
(J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at463
least 18 years of age, or severe autism, when diagnosed for a patient who is less than464
18 years of age;465
(K) Epidermolysis bullosa;466
(L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;467
(M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as468
severe or end stage;469
(N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;470
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(O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing
471
of a trauma for a patient who is at least 18 years of age; or
472
(P) Intractable pain; or473
(Q) Lupus."474
PART IV475
SECTION 4-1.476
All laws and parts of laws in conflict with this Act are repealed.477
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