| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 25 SB 220/CSFA | |
| 2 | - | Senate Bill 220 | |
| 3 | - | By: Senators Brass of the 6th, Summers of the 13th, Hatchett of the 50th, Strickland of the | |
| 4 | - | 42nd, Jackson of the 41st and others | |
| 5 | - | AS PASSED SENATE | |
| 1 | + | 25 LC 33 9799S | |
| 2 | + | The Senate Committee on Health and Human Services offered the following | |
| 3 | + | substitute to SB 220: | |
| 6 | 4 | A BILL TO BE ENTITLED | |
| 7 | 5 | AN ACT | |
| 8 | - | To amend various provisions of the Official Code of Georgia Annotated, so as to rename low | |
| 9 | - | 1 | |
| 6 | + | To amend various provisions of the Official Code of Georgia Annotated, so as to rename low1 | |
| 10 | 7 | THC oil as medical cannabis; to amend Chapter 12 of Title 16, Article 2 of Chapter 13 of2 | |
| 11 | 8 | Title 16, and Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated,3 | |
| 12 | 9 | relating to offenses against the public health and morals, regulation of controlled substances,4 | |
| 13 | 10 | and general provisions relative to the Department of Public Health, respectively, so as to5 | |
| 14 | 11 | clarify and revise criminal penalties; to clarify and revise exemptions to criminal penalties;6 | |
| 15 | 12 | to revise the duties of the Georgia Access to Medical Cannabis Commission; to provide for7 | |
| 16 | 13 | the provision of certain information by licensees; to provide limitations on the provision of8 | |
| 17 | 14 | such information; to repeal the prohibition on certain manners of ingesting medical cannabis;9 | |
| 18 | 15 | to exclude the lawful possession and control of medical cannabis from the provisions of the10 | |
| 19 | 16 | Georgia Controlled Substances Act; to revise the list of diagnosed conditions for which a11 | |
| 20 | 17 | medical cannabis registration card can be issued; to provide for conforming changes; to12 | |
| 21 | 18 | provide for definitions; to provide a short title; to provide for related matters; to repeal13 | |
| 22 | 19 | conflicting laws; and for other purposes.14 | |
| 23 | 20 | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 | |
| 24 | - | S. B. 220 | |
| 25 | - | - 1 - 25 SB 220/CSFA | |
| 26 | - | PART I | |
| 27 | - | 16 | |
| 21 | + | - 1 - 25 LC 33 9799S | |
| 22 | + | PART I16 | |
| 28 | 23 | SECTION 1-1.17 | |
| 29 | 24 | This Act shall be known and may be cited as the "Putting Georgia's Patients First Act."18 | |
| 30 | 25 | PART II19 | |
| 31 | 26 | SECTION 2-1.20 | |
| 32 | 27 | Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by21 | |
| 33 | 28 | replacing "low THC oil" and "Low THC oil" with "medical cannabis" and "Medical22 | |
| 34 | 29 | cannabis", respectively, wherever such terms occur in:23 | |
| 35 | 30 | (1) Code Section 2-11-36, relating to seeds used in production of low THC oil;24 | |
| 36 | 31 | (2) Code Section 2-23-9.2, relating to consumable hemp products, packaging, advertising,25 | |
| 37 | 32 | and distribution; and26 | |
| 38 | 33 | (3) Code Section 2-23-9.3, relating to location of retail establishments selling or27 | |
| 39 | 34 | distributing consumable hemp products.28 | |
| 40 | 35 | SECTION 2-2.29 | |
| 41 | 36 | Article 9 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to30 | |
| 42 | 37 | access to medical cannabis, is amended by replacing "low THC oil" and "Low THC oil" with31 | |
| 43 | 38 | "medical cannabis" and "Medical cannabis", respectively, and by replacing "Low THC Oil32 | |
| 44 | 39 | Patient Registry" with "Medical Cannabis Patient Registry" wherever such terms occur in:33 | |
| 45 | 40 | (1) Code Section 16-12-201, relating to prohibition against producing, growing,34 | |
| 46 | 41 | manufacturing, or dispensing low THC oil or products;35 | |
| 47 | 42 | (2) Code Section 16-12-204, relating to nontransferable designated university licenses to36 | |
| 48 | 43 | produce low THC oil and products, research and reporting of collected information, and37 | |
| 49 | 44 | license revocation;38 | |
| 50 | - | S. B. 220 | |
| 51 | - | - 2 - 25 SB 220/CSFA | |
| 52 | - | (3) Code Section 16-12-206, relating to annual, nontransferable dispensing license, | |
| 53 | - | 39 | |
| 45 | + | - 2 - 25 LC 33 9799S | |
| 46 | + | (3) Code Section 16-12-206, relating to annual, nontransferable dispensing license,39 | |
| 54 | 47 | adoption of rules, and fees;40 | |
| 55 | 48 | (4) Code Section 16-12-210, relating to powers, duties, and responsibilities of the Georgia41 | |
| 56 | 49 | Access to Medical Cannabis Commission, no undue burden on patients, and remission of42 | |
| 57 | 50 | fees;43 | |
| 58 | 51 | (5) Code Section 16-12-211, relating to class 1 production licenses, application fee,44 | |
| 59 | 52 | revocation, and limitation on ownership;45 | |
| 60 | 53 | (6) Code Section 16-12-212, relating to class 2 production licenses, application fees,46 | |
| 61 | 54 | revocation, and limitation on ownership;47 | |
| 62 | 55 | (7) Code Section 16-12-213, relating to tracking system requirements;48 | |
| 63 | 56 | (8) Code Section 16-12-216, relating to Bureau of Investigation, Access to Medical49 | |
| 64 | 57 | Cannabis Commission, and Composite Medical Board to jointly establish procedures to50 | |
| 65 | 58 | ensure compliance;51 | |
| 66 | 59 | (9) Code Section 16-12-217, relating to on-demand access to facilities, provision of52 | |
| 67 | 60 | samples, testing, and secured transportation;53 | |
| 68 | 61 | (10) Code Section 16-12-224, relating to limitation on ownership by member or former54 | |
| 69 | 62 | member of the Georgia Access to Medical Cannabis Commission, limitation on physician's55 | |
| 70 | 63 | involvement, and identification when contributing to political campaigns;56 | |
| 71 | 64 | (11) Code Section 16-12-226, relating to sales and use taxes applicable;57 | |
| 72 | 65 | (12) Code Section 16-12-230, relating to requirements for dispensing low THC oil and58 | |
| 73 | 66 | products;59 | |
| 74 | 67 | (13) Code Section 16-12-233, relating to contracts not against public policy;60 | |
| 75 | 68 | (14) Code Section 16-12-235, relating to research in compliance with federal regulations;61 | |
| 76 | 69 | and62 | |
| 77 | 70 | (15) Code Section 16-12-235.1, relating to possession of low THC oil and products by63 | |
| 78 | 71 | colleges and universities for research purposes, permitting requirements, and inspection.64 | |
| 79 | - | S. B. 220 | |
| 80 | - | - 3 - 25 SB 220/CSFA | |
| 81 | - | SECTION 2-3. | |
| 82 | - | 65 | |
| 72 | + | - 3 - 25 LC 33 9799S | |
| 73 | + | SECTION 2-3.65 | |
| 83 | 74 | Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to66 | |
| 84 | 75 | general provisions relative to the Department of Public Health, is amended in Code Section67 | |
| 85 | 76 | 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver forms,68 | |
| 86 | 77 | and annual review and recommendations, by replacing "low THC oil" and "Low THC oil"69 | |
| 87 | 78 | with "medical cannabis" and "Medical cannabis", respectively, and by replacing "Low THC70 | |
| 88 | 79 | Oil Patient Registry" with "Medical Cannabis Patient Registry" wherever such terms occur.71 | |
| 89 | 80 | SECTION 2-4.72 | |
| 90 | 81 | Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general73 | |
| 91 | 82 | provisions relative to torts, is amended in Code Section 51-1-29.6, relating to liability of74 | |
| 92 | 83 | health care institutions and providers regarding low THC oil, by replacing "low THC oil" and75 | |
| 93 | 84 | "Low THC oil" with "medical cannabis" and "Medical cannabis", respectively.76 | |
| 94 | 85 | PART III77 | |
| 95 | 86 | SECTION 3-1.78 | |
| 96 | 87 | Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against79 | |
| 97 | 88 | the public health and morals, is amended by revising Article 8, relating to regulation of low80 | |
| 98 | 89 | THC oil, as follows:81 | |
| 99 | 90 | "ARTICLE 882 | |
| 100 | 91 | 16-12-190.83 | |
| 101 | - | As used in this article, the term: | |
| 102 | - | 84 | |
| 92 | + | As used in this article, the term:84 | |
| 103 | 93 | (1) 'Medical cannabis' means any plant within the genus Cannabis and any part of such85 | |
| 104 | 94 | plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of86 | |
| 105 | - | S. B. 220 | |
| 106 | - | - 4 - 25 SB 220/CSFA | |
| 95 | + | - 4 - 25 LC 33 9799S | |
| 107 | 96 | isomers, whether growing or not, 'low THC oil' means an oil that contains an amount of87 | |
| 108 | 97 | cannabidiol and not more than 5 percent 50 percent by weight of tetrahydrocannabinol,88 | |
| 109 | 98 | tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and89 | |
| 110 | 99 | tetrahydrocannabinolic acid which does not contain plant material exhibiting the external90 | |
| 111 | 100 | morphological features of the plant of the genus Cannabis. Such term shall not mean91 | |
| 112 | 101 | include:92 | |
| 113 | 102 | (A) Products products approved by the federal Food and Drug Administration under93 | |
| 114 | 103 | Section 505 of the federal Food, Drug, and Cosmetic Act; or94 | |
| 115 | 104 | (B) Hemp or hemp products, as defined in Code Section 2-23-3.95 | |
| 116 | 105 | (2) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.96 | |
| 117 | 106 | (3) 'Registered patient' shall have the same meaning as set forth in Code97 | |
| 118 | 107 | Section 16-12-200.98 | |
| 119 | 108 | 16-12-191.99 | |
| 120 | 109 | (a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any100 | |
| 121 | 110 | person to possess, purchase, or have under his or her control 20 fluid ounces 2.0 ounces101 | |
| 122 | 111 | or less of low THC oil medical cannabis or a product or products containing an102 | |
| 123 | 112 | equivalent amount of medical cannabis if such substance medical cannabis or product or103 | |
| 124 | 113 | products is in a pharmaceutical container labeled by the manufacturer indicating the104 | |
| 125 | 114 | percentage of tetrahydrocannabinol therein and:105 | |
| 126 | 115 | (A) Such person is a registered patient with the Department of Public Health as set106 | |
| 127 | 116 | forth in Code Section 31-2A-18 and has in his or her possession a registration card107 | |
| 128 | 117 | issued by the Department of Public Health pursuant to Code Section 31-2A-18; or108 | |
| 129 | 118 | (B) Such person has in his or her possession a registration card issued by another state109 | |
| 130 | 119 | that allows the same possession of low THC oil medical cannabis as provided by this110 | |
| 131 | 120 | state's law; provided, however, that such registration card shall not be lawful authority111 | |
| 132 | 121 | when such person has been present in this state for 45 days or more.112 | |
| 133 | - | S. B. 220 | |
| 134 | - | - 5 - 25 SB 220/CSFA | |
| 122 | + | - 5 - 25 LC 33 9799S | |
| 135 | 123 | (2) Notwithstanding any provision of Chapter 13 of this title, any person registered113 | |
| 136 | 124 | patient who possesses, purchases, or has under his or her control 20 fluid ounces 2.0114 | |
| 137 | 125 | ounces or less of low THC oil medical cannabis or a product or products containing an115 | |
| 138 | 126 | equivalent amount of medical cannabis without complying with paragraph (1) of this116 | |
| 139 | 127 | subsection shall be punished as for a misdemeanor.117 | |
| 140 | 128 | (b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any118 | |
| 141 | 129 | person to possess, purchase, or have under his or her control 20 fluid ounces 2.0 ounces119 | |
| 142 | 130 | or less of low THC oil medical cannabis or a product or products containing an120 | |
| 143 | 131 | equivalent amount of medical cannabis if:121 | |
| 144 | 132 | (A) Such person is involved in a clinical research program being conducted by the122 | |
| 145 | 133 | Board of Regents of the University System of Georgia or any authorized clinical trial123 | |
| 146 | 134 | or research study in this state or their authorized agent as:124 | |
| 147 | 135 | (i) A program participant;125 | |
| 148 | 136 | (ii) A parent, guardian, or legal custodian of a program participant;126 | |
| 149 | 137 | (iii) An employee of the board of regents designated to participate in the research127 | |
| 150 | 138 | program;128 | |
| 151 | 139 | (iv) A program agent;129 | |
| 152 | 140 | (v) A program collaborator and their designated employees;130 | |
| 153 | 141 | (vi) A program supplier and their designated employees;131 | |
| 154 | 142 | (vii) A program physician;132 | |
| 155 | 143 | (viii) A program clinical researcher;133 | |
| 156 | 144 | (ix) Program pharmacy personnel; or134 | |
| 157 | 145 | (x) Other program medical personnel; and135 | |
| 158 | 146 | (B) Such substance medical cannabis or product or products is in a pharmaceutical136 | |
| 159 | 147 | container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol137 | |
| 160 | 148 | therein.138 | |
| 161 | - | S. B. 220 | |
| 162 | - | - 6 - 25 SB 220/CSFA | |
| 149 | + | - 6 - 25 LC 33 9799S | |
| 163 | 150 | (2) Notwithstanding any provision of Chapter 13 of this title, any such person who139 | |
| 164 | 151 | possesses, purchases, or has under his or her control 20 fluid ounces 2.0 ounces or less140 | |
| 165 | 152 | of low THC oil medical cannabis or a product or products containing an equivalent141 | |
| 166 | 153 | amount of medical cannabis without complying with subparagraphs (A), (B), and (C) of142 | |
| 167 | 154 | paragraph (1) of this subsection shall be punished as for a misdemeanor.143 | |
| 168 | 155 | (c) Notwithstanding any provision of Chapter 13 of this title, any person Any registered144 | |
| 169 | 156 | patient having possession of, purchasing, or having under his or her control more than 20145 | |
| 170 | 157 | fluid ounces 2.0 ounces of low THC oil but less than 160 fluid ounces of low THC oil or146 | |
| 171 | 158 | who manufactures, distributes, dispenses, sells, purchases, or possesses with the intent to147 | |
| 172 | 159 | distribute low THC oil shall be guilty of a felony and, upon conviction thereof, shall be148 | |
| 173 | 160 | punished by imprisonment for not less than one year nor more than ten years, a fine not to149 | |
| 174 | 161 | exceed $50,000.00, or both medical cannabis or a product or products containing an150 | |
| 175 | 162 | equivalent amount of medical cannabis shall be subject to the penalties set forth in Chapter151 | |
| 176 | 163 | 13 of this title.152 | |
| 177 | 164 | (d) Notwithstanding any provision of Chapter 13 of this title, any person who sells,153 | |
| 178 | 165 | manufactures, delivers, brings into this state, purchases, or has possession of 160 or more154 | |
| 179 | 166 | fluid ounces of low THC oil shall be guilty of the felony offense of trafficking in low THC155 | |
| 180 | 167 | oil and, upon conviction thereof, shall be punished as follows:156 | |
| 181 | 168 | (1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid157 | |
| 182 | 169 | ounces, by imprisonment for not less than five years nor more than ten years and a fine158 | |
| 183 | 170 | not to exceed $100,000.00;159 | |
| 184 | 171 | (2) If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,000160 | |
| 185 | 172 | fluid ounces, by imprisonment for not less than seven years nor more than 15 years and161 | |
| 186 | 173 | a fine not to exceed $250,000.00; and162 | |
| 187 | 174 | (3) If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for163 | |
| 188 | 175 | not less than ten years nor more than 20 years and a fine not to exceed $1 million.164 | |
| 189 | - | S. B. 220 | |
| 190 | - | - 7 - 25 SB 220/CSFA | |
| 176 | + | - 7 - 25 LC 33 9799S | |
| 191 | 177 | (e)(d) Subsection Subsections (c) and (d) of this Code section shall not apply to a person165 | |
| 192 | 178 | involved in a research program being conducted by the Board of Regents of the University166 | |
| 193 | 179 | System of Georgia or its authorized agent as an employee of the board of regents167 | |
| 194 | 180 | designated to participate in such program, a program agent, a program collaborator and168 | |
| 195 | 181 | their its designated employees, a program supplier and their its designated employees, a169 | |
| 196 | 182 | physician, clinical researcher, pharmacy personnel, or other medical personnel.170 | |
| 197 | 183 | (f) Subsections (c) and (d) of this Code section shall not apply to a designated university,171 | |
| 198 | 184 | pharmacy, or licensee under Article 9 of Chapter 12 of Title 16, provided that such172 | |
| 199 | 185 | possession, purchase, control, sale, manufacturing, distribution, or dispensing is solely173 | |
| 200 | 186 | conducted in accordance with the provisions of Article 9 of Chapter 12 of Title 16.174 | |
| 201 | 187 | (g)(e) Nothing in this article shall require an employer to permit or accommodate the use,175 | |
| 202 | 188 | consumption, possession, transfer, display, transportation, purchase, sale, or growing of176 | |
| 203 | 189 | marijuana in any form, or to affect the ability of an employer to have a written zero177 | |
| 204 | 190 | tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any178 | |
| 205 | 191 | employee from having a detectable amount of marijuana in such employee's system while179 | |
| 206 | 192 | at work."180 | |
| 207 | 193 | SECTION 3-2.181 | |
| 208 | 194 | Said chapter is further amended by revising Code Section 16-12-200, relating to definitions182 | |
| 209 | 195 | relative to access to medical cannabis, as follows:183 | |
| 210 | 196 | "16-12-200.184 | |
| 211 | 197 | As used in this article, the term:185 | |
| 212 | 198 | (1) 'Applicant' means a corporate entity applying for a license pursuant to this article.186 | |
| 213 | 199 | (2) 'Available capital' means corporate assets that are available to fund business187 | |
| 214 | 200 | operations in the event a license is awarded pursuant to Part 2 of this article.188 | |
| 215 | 201 | (3) 'Class 1 production license' means a license to produce and manufacture low THC189 | |
| 216 | 202 | oil medical cannabis and products issued pursuant to Code Section 16-12-211.190 | |
| 217 | - | S. B. 220 | |
| 218 | - | - 8 - 25 SB 220/CSFA | |
| 203 | + | - 8 - 25 LC 33 9799S | |
| 219 | 204 | (4) 'Class 2 production license' means a license to produce and manufacture low THC191 | |
| 220 | 205 | oil medical cannabis and products issued pursuant to Code Section 16-12-212.192 | |
| 221 | 206 | (5) 'Commission' means the Georgia Access to Medical Cannabis Commission created193 | |
| 222 | 207 | pursuant to Code Section 16-12-202.194 | |
| 223 | 208 | (6) 'Designated universities' means the University of Georgia and Fort Valley State195 | |
| 224 | 209 | University.196 | |
| 225 | 210 | (7) 'Designated university license' means a license issued by the commission pursuant197 | |
| 226 | 211 | to this article to a designated university to, separately or jointly, produce, manufacture,198 | |
| 227 | 212 | and purchase low THC oil medical cannabis and products in accordance with this article.199 | |
| 228 | 213 | (8) 'Dispense' means the sale or provision of low THC oil medical cannabis and products200 | |
| 229 | 214 | to registered patients by a dispensing licensee.201 | |
| 230 | 215 | (9) 'Dispensing license' means a specialty license issued by the State Board of Pharmacy202 | |
| 231 | 216 | or the commission pursuant to Code Section 16-12-206 to dispense low THC oil medical203 | |
| 232 | 217 | cannabis and products to registered patients.204 | |
| 233 | 218 | (10) 'Grow' means cultivating and harvesting cannabis for use in producing low THC oil205 | |
| 234 | 219 | medical cannabis and products.206 | |
| 235 | 220 | (11) 'Licensee' means any business, or owner of such business, with a valid license207 | |
| 236 | 221 | issued pursuant to this article.208 | |
| 237 | 222 | (12) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12-190.209 | |
| 238 | 223 | (13) 'Manufacture' means to process cannabis to produce low THC oil medical cannabis210 | |
| 239 | 224 | and products.211 | |
| 240 | 225 | (13) 'Medical cannabis' shall have the same meaning as set forth in Code212 | |
| 241 | 226 | Section 16-12-190.213 | |
| 242 | 227 | (14) 'Owner' means any person who directly or indirectly owns, actually or beneficially,214 | |
| 243 | 228 | or controls 5 percent or greater of interests of the applicant or any licensee. In the event215 | |
| 244 | 229 | that one person owns a beneficial right to interests and another person holds the voting216 | |
| 245 | - | S. B. 220 | |
| 246 | - | - 9 - 25 SB 220/CSFA | |
| 247 | - | rights with respect to such interests, then both shall be considered an owner of such | |
| 248 | - | 217 | |
| 230 | + | - 9 - 25 LC 33 9799S | |
| 231 | + | rights with respect to such interests, then both shall be considered an owner of such217 | |
| 249 | 232 | interests.218 | |
| 250 | - | (15) 'Product' means all products that are derived from, or made by, processing medical | |
| 251 | - | 219 | |
| 233 | + | (15) 'Product' means all products that are derived from, or made by, processing medical219 | |
| 252 | 234 | cannabis and that are prepared in a form available for commercial sale, including medical220 | |
| 253 | 235 | cannabis low THC oil delivered through an oil, or tincture, transdermal patch, lotion, or221 | |
| 254 | 236 | capsule, except as prohibited by Code Section 16-12-234, but not including:222 | |
| 255 | 237 | (A) Hemp products;223 | |
| 256 | 238 | (B) Any any food products infused with low THC oil containing medical cannabis,224 | |
| 257 | 239 | including, but not limited to, cookies, and candies; or225 | |
| 258 | 240 | (C) Raw plant material or any products containing raw plant material, or edibles.226 | |
| 259 | 241 | (16) 'Registered patient' means an individual who is legally authorized to possess and use227 | |
| 260 | 242 | low THC oil medical cannabis and products pursuant to Code Section 31-2A-18.228 | |
| 261 | 243 | (17) 'Tracking system' means a seed-to-sale tracking system to track marijuana that is229 | |
| 262 | 244 | grown, processed, manufactured, transferred, stored, or disposed of and low THC oil230 | |
| 263 | 245 | medical cannabis and products that are transferred, stored, sold, dispensed, or disposed231 | |
| 264 | 246 | of pursuant to this article."232 | |
| 265 | 247 | SECTION 3-3.233 | |
| 266 | 248 | Said chapter is further amended by revising Code Section 16-12-203, relating to the powers,234 | |
| 267 | 249 | duties, and responsibilities of the Georgia Access to Medical Cannabis Commission, as235 | |
| 268 | 250 | follows:236 | |
| 269 | 251 | "16-12-203.237 | |
| 270 | 252 | The commission shall have the following powers, duties, and responsibilities:238 | |
| 271 | 253 | (1) To apply for, receive, and administer state funds appropriated to the commission,239 | |
| 272 | 254 | private grants and donations, and other funds and donations. The commission's annual240 | |
| 273 | 255 | distributions shall be capped and limited to funds received from the sources specified in241 | |
| 274 | - | S. B. 220 | |
| 275 | - | - 10 - 25 SB 220/CSFA | |
| 276 | - | this paragraph. The commission shall ensure that its funds are not used as a supplement | |
| 277 | - | 242 | |
| 256 | + | - 10 - 25 LC 33 9799S | |
| 257 | + | this paragraph. The commission shall ensure that its funds are not used as a supplement242 | |
| 278 | 258 | or secondary payor to any other third-party payor;243 | |
| 279 | - | (2) To execute a contract or contracts to purchase or obtain low THC oil | |
| 280 | - | medical244 | |
| 259 | + | (2) To execute a contract or contracts to purchase or obtain low THC oil medical244 | |
| 281 | 260 | cannabis, cannabis, cannabinoids, or any other derivative, compound, or substantially245 | |
| 282 | 261 | similar products from any available legal source and to provide logistics related thereto246 | |
| 283 | 262 | in accordance with this article. Such contract or contracts may be executed with one or247 | |
| 284 | 263 | more qualified corporations or with one or more governmental entities. Purchases made248 | |
| 285 | 264 | pursuant to this paragraph shall not be subject to state purchasing laws contained in249 | |
| 286 | 265 | Article 3 of Chapter 5 of Title 50 or in other provisions of the Official Code of Georgia250 | |
| 287 | 266 | Annotated;251 | |
| 288 | 267 | (3) To utilize funds appropriated to the commission as may be necessary to purchase and252 | |
| 289 | 268 | transport low THC oil medical cannabis and products to the State of Georgia for use by253 | |
| 290 | 269 | registered patients;254 | |
| 291 | 270 | (4) To develop, establish, maintain, and administer a low THC oil medical cannabis and255 | |
| 292 | 271 | products distribution network to obtain and distribute low THC oil medical cannabis and256 | |
| 293 | 272 | products to registered patients in this state and to coordinate the best use of facilities and257 | |
| 294 | 273 | resources to operate such distribution network;258 | |
| 295 | 274 | (5) To establish procedures for inspecting production facilities operated by designated259 | |
| 296 | 275 | universities;260 | |
| 297 | 276 | (6) To establish requirements and procedures to ensure quality control, security, and261 | |
| 298 | 277 | oversight of low THC oil medical cannabis and products production in this state,262 | |
| 299 | 278 | including, but not limited to, testing for purity and dosage levels and verification that263 | |
| 300 | 279 | product labels accurately reflect product content;264 | |
| 301 | 280 | (7) To provide for oversight of tracking systems;265 | |
| 302 | 281 | (8) To coordinate and assist in the collection of data to evaluate the provision of low266 | |
| 303 | 282 | THC oil medical cannabis and products in this state;267 | |
| 304 | - | S. B. 220 | |
| 305 | - | - 11 - 25 SB 220/CSFA | |
| 283 | + | - 11 - 25 LC 33 9799S | |
| 306 | 284 | (9) To study the provision of low THC oil medical cannabis and products in this state to268 | |
| 307 | 285 | determine the best practices and methods of providing such services, to determine what269 | |
| 308 | 286 | changes are needed to improve the provision of low THC oil medical cannabis and270 | |
| 309 | 287 | products, and to report any proposed legislative changes to the General Assembly each271 | |
| 310 | 288 | year;272 | |
| 311 | 289 | (10) To coordinate its activities with the Department of Public Health;273 | |
| 312 | 290 | (10.1) To engage in public awareness activities concerning the medical cannabis274 | |
| 313 | 291 | program in this state and effective uses of medical cannabis and products, including, but275 | |
| 314 | 292 | not limited to, publishing materials and conducting outreach and public education276 | |
| 315 | 293 | activities to inform members of the public, law enforcement, and healthcare providers277 | |
| 316 | 294 | about the medical cannabis program in this state and the potential benefits that medical278 | |
| 317 | 295 | cannabis and products may have to eligible patients;279 | |
| 318 | 296 | (11) To employ an executive director and other staff and to establish duties and280 | |
| 319 | 297 | responsibilities of such persons;281 | |
| 320 | 298 | (12) To employ and manage consultants, as deemed necessary, in order to fulfill its282 | |
| 321 | 299 | duties and responsibilities under this article;283 | |
| 322 | 300 | (13) To review new treatment and delivery methods for low THC oil medical cannabis284 | |
| 323 | 301 | and products that may result from medical research and are not otherwise inconsistent285 | |
| 324 | 302 | with this article, and recommend statutory changes to the General Assembly to authorize286 | |
| 325 | 303 | such treatment and delivery methods and products;287 | |
| 326 | 304 | (14) To be responsible for the noncriminal enforcement of the provisions of this article288 | |
| 327 | 305 | and to have all of the necessary duties, power, and authority to carry out such289 | |
| 328 | 306 | responsibility;290 | |
| 329 | 307 | (15) To be authorized to draft, adopt, amend, repeal, and enforce such rules and291 | |
| 330 | 308 | regulations as it deems necessary for the administration and enforcement of this article292 | |
| 331 | 309 | in the protection of public health, safety, and welfare;293 | |
| 332 | 310 | (16) To enforce qualifications for licensure; and294 | |
| 333 | - | S. B. 220 | |
| 334 | - | - 12 - 25 SB 220/CSFA | |
| 335 | - | (17) To levy fines for failure by a Class 1 production licensee, Class 2 production | |
| 336 | - | 295 | |
| 311 | + | - 12 - 25 LC 33 9799S | |
| 312 | + | (17) To levy fines for failure by a Class 1 production licensee, Class 2 production295 | |
| 337 | 313 | licensee, or dispensing licensee to operate in accordance with rules and regulations296 | |
| 338 | 314 | established by the commission within 14 days of written notice by the commission of297 | |
| 339 | 315 | specific violations. Such fines shall not exceed $25,000.00 for a first offense, $50,000.00298 | |
| 340 | 316 | for a failure to remedy the offense within 60 days after written notice of a first offense,299 | |
| 341 | 317 | and $75,000.00 for subsequent failures to remedy noncompliance within 90 days after300 | |
| 342 | 318 | written notice of a first offense. Following a third written notice of a recurring violation,301 | |
| 343 | 319 | the commission may also order a licensee to cease operations for a period of up to 30302 | |
| 344 | 320 | days to correct the violation. Any such fines or orders to cease operations shall be subject303 | |
| 345 | 321 | to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"304 | |
| 346 | 322 | SECTION 3-4.305 | |
| 347 | 323 | Said chapter is further amended by revising Code Section 16-12-215, relating to limitations306 | |
| 348 | 324 | on locations, advertising or marketing prohibited, and information available to physicians,307 | |
| 349 | 325 | as follows:308 | |
| 350 | 326 | "16-12-215.309 | |
| 351 | 327 | (a) No licensee shall operate in any location, whether for cultivation, harvesting, and310 | |
| 352 | - | processing of marijuana or for processing, manufacturing, packaging, or distributing low | |
| 353 | - | 311 | |
| 328 | + | processing of marijuana or for processing, manufacturing, packaging, or distributing low311 | |
| 354 | 329 | THC oil medical cannabis or products, within a 3,000 foot radius of a covered entity,312 | |
| 355 | 330 | measured from property boundary to property boundary. No dispensing licensee may313 | |
| 356 | 331 | operate in any location within a 1,000 foot radius of a covered entity, measured from314 | |
| 357 | 332 | property boundary to property boundary. Notwithstanding the provisions of this315 | |
| 358 | 333 | subsection, local governments may, via use of existing zoning powers otherwise provided316 | |
| 359 | 334 | by law, allow dispensing licensees only to locate in places other than those provided in this317 | |
| 360 | 335 | subsection so long as such modification is needed to allow retail outlets to be established318 | |
| 361 | 336 | to service registered patients residing within such local jurisdiction. As used in this319 | |
| 362 | 337 | subsection, the term 'covered entity' means a public or private school; an early care and320 | |
| 363 | - | S. B. 220 | |
| 364 | - | - 13 - 25 SB 220/CSFA | |
| 365 | - | education program as defined in Code Section 20-1A-2; or a church, synagogue, or other | |
| 366 | - | 321 | |
| 338 | + | - 13 - 25 LC 33 9799S | |
| 339 | + | education program as defined in Code Section 20-1A-2; or a church, synagogue, or other321 | |
| 367 | 340 | place of public religious worship, in existence prior to the date of licensure of such licensee322 | |
| 368 | 341 | by the commission or State Board of Pharmacy.323 | |
| 369 | - | (b)(1) Except as provided in paragraph (2) of this subsection, no | |
| 370 | - | No licensee shall324 | |
| 342 | + | (b)(1) Except as provided in paragraph (2) of this subsection, no No licensee shall324 | |
| 371 | 343 | advertise or market low THC oil medical cannabis or products to registered patients or325 | |
| 372 | 344 | the public; provided, however, that third party associations representing the medical326 | |
| 373 | 345 | cannabis industry shall not be subject to this prohibition.327 | |
| 374 | 346 | (2) A; provided, however, that a licensee shall be authorized to provide information:328 | |
| 375 | 347 | (A) Regarding regarding its low THC oil medical cannabis and products directly to329 | |
| 376 | 348 | physicians and healthcare providers; and330 | |
| 377 | 349 | (B) About the legal and safe uses of medical cannabis and products to registered331 | |
| 378 | 350 | patients or the public.332 | |
| 379 | 351 | (3) Any information provided by a licensee pursuant to paragraph (2) of this subsection333 | |
| 380 | 352 | shall not:334 | |
| 381 | 353 | (A) Include any medical claim, unless such claim is supported by reliable scientific335 | |
| 382 | 354 | evidence;336 | |
| 383 | 355 | (B) Make any false or misleading claim; or337 | |
| 384 | 356 | (C) Be attractive to children or otherwise directly or indirectly targeted to individuals338 | |
| 385 | 357 | under 21 years of age. For purposes of this subparagraph, the term 'attractive to339 | |
| 386 | 358 | children' shall have the same meaning as set forth in Code Section 2-23-3."340 | |
| 387 | - | SECTION 3-5A.341 | |
| 388 | - | Said chapter is further amended by revising subsection (a) of Code Section 16-12-230,342 | |
| 389 | - | relating to requirements for dispensing low THC oil and products, as follows:343 | |
| 390 | - | "(a) Low THC oil and Medical cannabis or products shall only be dispensed to registered344 | |
| 391 | - | patients or caregivers in this state by a dispensing licensee or directly from the commission345 | |
| 392 | - | pursuant to this article."346 | |
| 393 | - | S. B. 220 | |
| 394 | - | - 14 - 25 SB 220/CSFA | |
| 395 | - | SECTION 3-5. | |
| 396 | - | 347 | |
| 397 | - | Said chapter is further amended by revising Code Section 16-12-225, relating to criminal348 | |
| 398 | - | offenses and penalties, as follows:349 | |
| 399 | - | "16-12-225.350 | |
| 400 | - | (a) A licensee or licensee's employee who knowingly or willfully encourages, causes,351 | |
| 401 | - | abets, connives, conspires, or aids in the endangerment of patients, trafficking of low THC | |
| 402 | - | 352 | |
| 403 | - | oil medical cannabis, products, or its manufacturing by-products, or criminal distribution353 | |
| 404 | - | of raw materials and agricultural inputs, including but not limited to seeds, under this part354 | |
| 405 | - | shall be guilty of a felony and, upon conviction thereof, be punished by a fine not to exceed355 | |
| 406 | - | $100,000.00, imprisonment for not less than five nor more than ten years, or both.356 | |
| 407 | - | (b) Any person whose acts or omissions of gross, willful, or wanton negligence contribute357 | |
| 408 | - | to or cause the endangerment of patients, trafficking of low THC oil medical cannabis,358 | |
| 409 | - | products, or its manufacturing by-products, or criminal distribution of raw materials and359 | |
| 410 | - | agricultural inputs, including but not limited to seeds, under this part shall be guilty of a360 | |
| 411 | - | misdemeanor of a high and aggravated nature and, upon conviction thereof, be punished361 | |
| 412 | - | by a fine of up to $5,000.00, imprisonment for up to 12 months, or both.362 | |
| 413 | - | (c) Failure to comply with all other provisions of this part shall be punishable by a fine of363 | |
| 414 | - | up to $500.00 for the first offense. All persons convicted of a second or subsequent offense364 | |
| 415 | - | shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of up365 | |
| 416 | - | to $1,000.00, imprisonment for up to six months, or both, for each violation.366 | |
| 417 | - | (d) The provisions of this Code section shall not preclude prosecution and punishment for367 | |
| 418 | - | the commission of any offense otherwise provided by law."368 | |
| 419 | - | SECTION 3-6.369 | |
| 420 | - | Said chapter is further amended by revising Code Section 16-12-231, relating to exemptions370 | |
| 421 | - | from arrest, prosecutions, or penalty, as follows:371 | |
| 422 | - | S. B. 220 | |
| 423 | - | - 15 - 25 SB 220/CSFA | |
| 424 | - | "16-12-231. | |
| 425 | - | 372 | |
| 426 | - | The following persons and entities, when acting in accordance with the provisions of this373 | |
| 427 | - | article, shall not be subject to arrest, prosecution, or any civil or administrative penalty,374 | |
| 428 | - | including a civil penalty or disciplinary action by a professional licensing board, or be375 | |
| 429 | - | denied any right or privilege, for the medical use, prescription, administration,376 | |
| 430 | - | manufacture, distribution, or transport of low THC oil | |
| 431 | - | medical cannabis or products:377 | |
| 432 | - | (1) A registered patient who is in possession of an amount of low THC oil medical378 | |
| 433 | - | cannabis or products authorized under Code Section 16-12-191 or such patient's379 | |
| 434 | - | caregiver, parent, or guardian;380 | |
| 435 | - | (2) A physician who certifies a patient to the Department of Public Health as being381 | |
| 436 | - | diagnosed with a condition or in a hospice program and authorized to use low THC oil382 | |
| 437 | - | medical cannabis or products for treatment pursuant to Code Section 31-2A-18;383 | |
| 438 | - | (3) A pharmacist or pharmacy that dispenses or provides low THC oil medical cannabis384 | |
| 439 | - | or products to a registered patient; or products to a registered patient, or such patient's385 | |
| 440 | - | caregiver, parent, or guardian;386 | |
| 441 | - | (4) The commission or its employees or contractors associated with the production of387 | |
| 442 | - | low THC oil medical cannabis or products in accordance with this article;388 | |
| 443 | - | (5) A designated university, an employee of a designated university, or any other person389 | |
| 444 | - | associated with the production of low THC oil medical cannabis or products in390 | |
| 445 | - | accordance with this article; and391 | |
| 446 | - | (6) A licensee or an An employee, contractor, or agent of a licensee with proper392 | |
| 447 | - | identification associated with the production, manufacture, distribution, transport, or sale393 | |
| 448 | - | of low THC oil medical cannabis or products in accordance with this article."394 | |
| 449 | - | SECTION 3-7.395 | |
| 450 | - | S. B. 220 | |
| 451 | - | - 16 - 25 SB 220/CSFA | |
| 452 | - | Said chapter is further amended by repealing in its entirety Code Section 16-12-234, relating | |
| 453 | - | 396 | |
| 454 | - | to unlawful ways to ingest low THC oil or products, and designating such Code section as397 | |
| 455 | - | reserved.398 | |
| 456 | - | SECTION 3-8.399 | |
| 457 | - | Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to400 | |
| 458 | - | regulation of controlled substances, is amended in Code Section 16-13-21, relating to401 | |
| 459 | - | definitions, by revising paragraph (16) as follows:402 | |
| 460 | - | "(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or403 | |
| 461 | - | not, the seeds thereof, the resin extracted from any part of such plant, and every404 | |
| 462 | - | compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds,405 | |
| 463 | - | or resin, but shall not include samples as described in subparagraph (P) of paragraph (3)406 | |
| 464 | - | of Code Section 16-13-25; shall not include the completely defoliated mature stalks of407 | |
| 465 | - | such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized408 | |
| 466 | - | samples of seeds of the plant which are incapable of germination; and shall not include409 | |
| 467 | - | hemp or hemp products, | |
| 468 | - | as such terms are defined in Code Section 2-23-3, or medical410 | |
| 469 | - | cannabis or products, as such terms are defined in Code Sections 16-12-190 and411 | |
| 470 | - | 16-12-200, respectively, when in the possession or control of a person authorized to412 | |
| 471 | - | possess and control such medical cannabis or products under the provisions of Article 8413 | |
| 472 | - | or Article 9 of Chapter 12 of this title. Such term shall not include products approved by414 | |
| 473 | - | the federal Food and Drug Administration under Section 505 of the federal Food, Drug,415 | |
| 474 | - | and Cosmetic Act."416 | |
| 475 | - | SECTION 3-9.417 | |
| 476 | - | Said article is further amended in Code Section 16-13-25, relating to Schedule I, by revising418 | |
| 477 | - | subparagraph (P) of paragraph (3) as follows:419 | |
| 478 | - | S. B. 220 | |
| 479 | - | - 17 - 25 SB 220/CSFA | |
| 480 | - | "(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of | |
| 481 | - | 420 | |
| 482 | - | tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant421 | |
| 483 | - | material exhibiting the external morphological features of the plant of the genus422 | |
| 484 | - | Cannabis, but not including such substance when found in hemp or hemp products, | |
| 485 | - | as423 | |
| 486 | - | such terms are defined in Code Section 2-23-3, or in medical cannabis or products, as424 | |
| 487 | - | such terms are defined in Code Sections 16-12-190 and 16-12-200, respectively, when425 | |
| 488 | - | in the possession or control of a person authorized to possess or control such medical426 | |
| 489 | - | cannabis or products under the provisions of Article 8 or Article 9 of Chapter 12 of this427 | |
| 490 | - | title. Tetrahydrocannabinols do not include products approved by the federal Food and428 | |
| 491 | - | Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act;"429 | |
| 492 | - | SECTION 3-10.430 | |
| 493 | - | Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to431 | |
| 494 | - | general provisions relative to the Department of Public Health, is amended in Code432 | |
| 495 | - | Section 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver433 | |
| 496 | - | forms, and annual review and recommendations, by revising paragraph (3) of subsection (a)434 | |
| 497 | - | as follows: forms, and annual review and recommendations, by revising paragraphs (2) and435 | |
| 498 | - | (3) of subsection (a) as follows:436 | |
| 499 | - | "(2) 'Caregiver' means:437 | |
| 500 | - | (A) A the parent, guardian, or legal custodian of an individual who is less than 18 years438 | |
| 501 | - | of age or the legal guardian of an adult;439 | |
| 502 | - | (B) An adult who is designated by a patient as being an individual authorized to440 | |
| 503 | - | provide assistance, and who is willing to provide such assistance, with purchasing,441 | |
| 504 | - | possessing, and administering medical cannabis or products for such patient's use; or442 | |
| 505 | - | (C) A healthcare institution as defined in Code Section 51-1-29.6 where a patient is443 | |
| 506 | - | receiving health or medical care for a condition and where such institution agrees to444 | |
| 507 | - | S. B. 220 | |
| 508 | - | - 18 - 25 SB 220/CSFA | |
| 509 | - | allow such patient to possess and use medical cannabis or products on such institution's445 | |
| 510 | - | premises.446 | |
| 511 | - | "(3) 'Condition' means any of the following, provided that the patient's symptoms447 | |
| 512 | - | associated with any such condition can reasonably be expected to be relieved by the use448 | |
| 513 | - | of medical cannabis and the potential benefits of such use to the patient outweigh the449 | |
| 514 | - | potential health risks that such use might pose to the patient:450 | |
| 515 | - | (A) Any cancer except skin cancer, unless it is metastatic skin cancer Cancer when such451 | |
| 516 | - | disease is diagnosed as end stage or the treatment produces related wasting illness or452 | |
| 517 | - | recalcitrant nausea and vomiting;453 | |
| 518 | - | (B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end454 | |
| 519 | - | stage;455 | |
| 520 | - | (C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;456 | |
| 521 | - | (D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;457 | |
| 522 | - | (E) Crohn's disease Inflammatory bowel disease;458 | |
| 523 | - | (F) Mitochondrial disease;459 | |
| 524 | - | (G) Parkinson's disease, when such disease is diagnosed as severe or end stage;460 | |
| 525 | - | (H) Sickle cell disease, when such disease is diagnosed as severe or end stage;461 | |
| 526 | - | (I) Tourette's syndrome, when such syndrome is diagnosed as severe;462 | |
| 527 | - | (J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at463 | |
| 528 | - | least 18 years of age, or severe autism, when diagnosed for a patient who is less than464 | |
| 529 | - | 18 years of age;465 | |
| 530 | - | (K) Epidermolysis bullosa;466 | |
| 531 | - | (L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;467 | |
| 532 | - | (M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as468 | |
| 533 | - | severe or end stage;469 | |
| 534 | - | (N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;470 | |
| 535 | - | S. B. 220 | |
| 536 | - | - 19 - 25 SB 220/CSFA | |
| 537 | - | (O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing | |
| 538 | - | 471 | |
| 539 | - | of a trauma for a patient who is at least 18 years of age; or | |
| 540 | - | 472 | |
| 541 | - | (P) Intractable pain; or473 | |
| 542 | - | (Q) Lupus."474 | |
| 543 | - | PART IV475 | |
| 544 | - | SECTION 4-1.476 | |
| 545 | - | All laws and parts of laws in conflict with this Act are repealed.477 | |
| 546 | - | S. B. 220 | |
| 547 | - | - 20 - | |
| 359 | + | SECTION 3-5.341 | |
| 360 | + | Said chapter is further amended by revising Code Section 16-12-225, relating to criminal342 | |
| 361 | + | offenses and penalties, as follows:343 | |
| 362 | + | "16-12-225.344 | |
| 363 | + | (a) A licensee or licensee's employee who knowingly or willfully encourages, causes,345 | |
| 364 | + | abets, connives, conspires, or aids in the endangerment of patients, trafficking of low THC346 | |
| 365 | + | - 14 - 25 LC 33 9799S | |
| 366 | + | oil medical cannabis, products, or its manufacturing by-products, or criminal distribution347 | |
| 367 | + | of raw materials and agricultural inputs, including but not limited to seeds, under this part348 | |
| 368 | + | shall be guilty of a felony and, upon conviction thereof, be punished by a fine not to exceed349 | |
| 369 | + | $100,000.00, imprisonment for not less than five nor more than ten years, or both.350 | |
| 370 | + | (b) Any person whose acts or omissions of gross, willful, or wanton negligence contribute351 | |
| 371 | + | to or cause the endangerment of patients, trafficking of low THC oil medical cannabis,352 | |
| 372 | + | products, or its manufacturing by-products, or criminal distribution of raw materials and353 | |
| 373 | + | agricultural inputs, including but not limited to seeds, under this part shall be guilty of a354 | |
| 374 | + | misdemeanor of a high and aggravated nature and, upon conviction thereof, be punished355 | |
| 375 | + | by a fine of up to $5,000.00, imprisonment for up to 12 months, or both.356 | |
| 376 | + | (c) Failure to comply with all other provisions of this part shall be punishable by a fine of357 | |
| 377 | + | up to $500.00 for the first offense. All persons convicted of a second or subsequent offense358 | |
| 378 | + | shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of up359 | |
| 379 | + | to $1,000.00, imprisonment for up to six months, or both, for each violation.360 | |
| 380 | + | (d) The provisions of this Code section shall not preclude prosecution and punishment for361 | |
| 381 | + | the commission of any offense otherwise provided by law."362 | |
| 382 | + | SECTION 3-6.363 | |
| 383 | + | Said chapter is further amended by revising Code Section 16-12-231, relating to exemptions364 | |
| 384 | + | from arrest, prosecutions, or penalty, as follows:365 | |
| 385 | + | "16-12-231.366 | |
| 386 | + | The following persons and entities, when acting in accordance with the provisions of this367 | |
| 387 | + | article, shall not be subject to arrest, prosecution, or any civil or administrative penalty,368 | |
| 388 | + | including a civil penalty or disciplinary action by a professional licensing board, or be369 | |
| 389 | + | denied any right or privilege, for the medical use, prescription, administration,370 | |
| 390 | + | manufacture, distribution, or transport of low THC oil medical cannabis or products:371 | |
| 391 | + | - 15 - 25 LC 33 9799S | |
| 392 | + | (1) A registered patient who is in possession of an amount of low THC oil medical372 | |
| 393 | + | cannabis or products authorized under Code Section 16-12-191 or such patient's373 | |
| 394 | + | caregiver, parent, or guardian;374 | |
| 395 | + | (2) A physician who certifies a patient to the Department of Public Health as being375 | |
| 396 | + | diagnosed with a condition or in a hospice program and authorized to use low THC oil376 | |
| 397 | + | medical cannabis or products for treatment pursuant to Code Section 31-2A-18;377 | |
| 398 | + | (3) A pharmacist or pharmacy that dispenses or provides low THC oil medical cannabis378 | |
| 399 | + | or products to a registered patient;379 | |
| 400 | + | (4) The commission or its employees or contractors associated with the production of380 | |
| 401 | + | low THC oil medical cannabis or products in accordance with this article;381 | |
| 402 | + | (5) A designated university, an employee of a designated university, or any other person382 | |
| 403 | + | associated with the production of low THC oil medical cannabis or products in383 | |
| 404 | + | accordance with this article; and384 | |
| 405 | + | (6) A licensee or an An employee, contractor, or agent of a licensee with proper385 | |
| 406 | + | identification associated with the production, manufacture, distribution, transport, or sale386 | |
| 407 | + | of low THC oil medical cannabis or products in accordance with this article."387 | |
| 408 | + | SECTION 3-7.388 | |
| 409 | + | Said chapter is further amended by repealing in its entirety Code Section 16-12-234, relating389 | |
| 410 | + | to unlawful ways to ingest low THC oil or products, and designating such Code section as390 | |
| 411 | + | reserved.391 | |
| 412 | + | SECTION 3-8.392 | |
| 413 | + | Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to393 | |
| 414 | + | regulation of controlled substances, is amended in Code Section 16-13-21, relating to394 | |
| 415 | + | definitions, by revising paragraph (16) as follows:395 | |
| 416 | + | - 16 - 25 LC 33 9799S | |
| 417 | + | "(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or396 | |
| 418 | + | not, the seeds thereof, the resin extracted from any part of such plant, and every397 | |
| 419 | + | compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds,398 | |
| 420 | + | or resin, but shall not include samples as described in subparagraph (P) of paragraph (3)399 | |
| 421 | + | of Code Section 16-13-25; shall not include the completely defoliated mature stalks of400 | |
| 422 | + | such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized401 | |
| 423 | + | samples of seeds of the plant which are incapable of germination; and shall not include402 | |
| 424 | + | hemp or hemp products, as such terms are defined in Code Section 2-23-3, or medical403 | |
| 425 | + | cannabis or products, as such terms are defined in Code Sections 16-12-190 and404 | |
| 426 | + | 16-12-200, respectively, when in the possession or control of a person authorized to405 | |
| 427 | + | possess and control such medical cannabis or products under the provisions of Article 8406 | |
| 428 | + | or Article 9 of Chapter 12 of this title. Such term shall not include products approved by407 | |
| 429 | + | the federal Food and Drug Administration under Section 505 of the federal Food, Drug,408 | |
| 430 | + | and Cosmetic Act."409 | |
| 431 | + | SECTION 3-9.410 | |
| 432 | + | Said article is further amended in Code Section 16-13-25, relating to Schedule I, by revising411 | |
| 433 | + | subparagraph (P) of paragraph (3) as follows:412 | |
| 434 | + | "(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of413 | |
| 435 | + | tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant414 | |
| 436 | + | material exhibiting the external morphological features of the plant of the genus415 | |
| 437 | + | Cannabis, but not including such substance when found in hemp or hemp products, as416 | |
| 438 | + | such terms are defined in Code Section 2-23-3, or in medical cannabis or products, as417 | |
| 439 | + | such terms are defined in Code Sections 16-12-190 and 16-12-200, respectively, when418 | |
| 440 | + | in the possession or control of a person authorized to possess or control such medical419 | |
| 441 | + | cannabis or products under the provisions of Article 8 or Article 9 of Chapter 12 of this420 | |
| 442 | + | - 17 - 25 LC 33 9799S | |
| 443 | + | title. Tetrahydrocannabinols do not include products approved by the federal Food and421 | |
| 444 | + | Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act;"422 | |
| 445 | + | SECTION 3-10.423 | |
| 446 | + | Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to424 | |
| 447 | + | general provisions relative to the Department of Public Health, is amended in Code425 | |
| 448 | + | Section 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver426 | |
| 449 | + | forms, and annual review and recommendations, by revising paragraph (3) of subsection (a)427 | |
| 450 | + | as follows:428 | |
| 451 | + | "(3) 'Condition' means any of the following, provided that the patient's symptoms429 | |
| 452 | + | associated with any such condition can reasonably be expected to be relieved by the use430 | |
| 453 | + | of medical cannabis and the potential benefits of such use to the patient outweigh the431 | |
| 454 | + | potential health risks that such use might pose to the patient:432 | |
| 455 | + | (A) Any cancer except skin cancer, unless it is metastatic skin cancer Cancer when such433 | |
| 456 | + | disease is diagnosed as end stage or the treatment produces related wasting illness or434 | |
| 457 | + | recalcitrant nausea and vomiting;435 | |
| 458 | + | (B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end436 | |
| 459 | + | stage;437 | |
| 460 | + | (C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;438 | |
| 461 | + | (D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;439 | |
| 462 | + | (E) Crohn's disease Inflammatory bowel disease;440 | |
| 463 | + | (F) Mitochondrial disease;441 | |
| 464 | + | (G) Parkinson's disease, when such disease is diagnosed as severe or end stage;442 | |
| 465 | + | (H) Sickle cell disease, when such disease is diagnosed as severe or end stage;443 | |
| 466 | + | (I) Tourette's syndrome, when such syndrome is diagnosed as severe;444 | |
| 467 | + | - 18 - 25 LC 33 9799S | |
| 468 | + | (J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at445 | |
| 469 | + | least 18 years of age, or severe autism, when diagnosed for a patient who is less than446 | |
| 470 | + | 18 years of age;447 | |
| 471 | + | (K) Epidermolysis bullosa;448 | |
| 472 | + | (L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;449 | |
| 473 | + | (M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as450 | |
| 474 | + | severe or end stage;451 | |
| 475 | + | (N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;452 | |
| 476 | + | (O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing453 | |
| 477 | + | of a trauma for a patient who is at least 18 years of age; or454 | |
| 478 | + | (P) Intractable pain; or455 | |
| 479 | + | (Q) Lupus."456 | |
| 480 | + | PART IV457 | |
| 481 | + | SECTION 4-1.458 | |
| 482 | + | All laws and parts of laws in conflict with this Act are repealed.459 | |
| 483 | + | - 19 - |