25 LC 55 0552
Senate Bill 254
By: Senator Cowsert of the 46th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia
1
Hemp Farming Act," so as to provide milligram limits on delta-9-THC in consumable hemp2
products; to provide for related matters; to repeal conflicting laws; and for other purposes.3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4
5
SECTION 1.6
Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Hemp7
Farming Act," is amended by revising Code Section 2-23-9.2, relating to consumable hemp8
products, packaging, advertising, and distribution, as follows:9
"2-23-9.2.10
(a) No consumable hemp product shall be sold or otherwise distributed in this state unless11
such product is packaged in a container that:12
(1) Is not attractive to children;13
(2) Does not bear any reasonable resemblance to any existing candy, snack, or other food14
product that is widely distributed and familiar to the public;15
S. B. 254
- 1 - 25 LC 55 0552
(3) Does not infringe on any trade dress, trademarks, branding, or other related materials
16
as described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States17
Code; and18
(4) Is tamper evident and child resistant.19
(b) No consumable hemp product shall be advertised in this state in any manner that:20
(1) Is attractive to children;21
(2) Bears a reasonable resemblance to any existing candy, snack, or other food product22
that is widely distributed and familiar to the public;23
(3) Infringes on any trade dress, trademarks, branding, or other related materials as24
described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States25
Code; or26
(4) Suggests that such product constitutes or contains low THC oil, as such term is27
defined in Code Section 16-12-190, or otherwise constitutes or contains medical28
marijuana or medical cannabis.29
(c)(1) As used in this subsection, the term:30
(A) 'Food product' means any product intended to be consumed by humans for physical31
subsistence; provided, however, that such term shall not include gummies, consumable
32
base oils, or products that constitute drinks or beverages.33
(B) 'Gummy' means a gelatinous substance in the form of a cube, sphere, prismatoid,34
ovoid, or other shape that is designed for human ingestion.35
(2) No consumable hemp product shall be sold or otherwise distributed in this state if36
such product constitutes or is a component of:37
(A) A food product; or38
(B) A drink or beverage that contains alcohol or constitutes an alcoholic beverage39
under Title 3.40
S. B. 254
- 2 - 25 LC 55 0552
(3) Nothing in this subsection is intended to prohibit the sale or distribution of hemp that
41
is contained within gummies or consumable base oils, provided that such gummies or42
consumable base oils are not a component of a food product.43
(d)(1) Except as otherwise provided in paragraphs (2), (3), and (4) of this subsection, no
44
consumable hemp product shall be sold or otherwise distributed in this state if such45
product has more than:46
(A) Ten milligrams of delta-9-THC per serving; or47
(B) 150 milligrams of delta-9-THC per container.48
(2) No consumable hemp product that constitutes or is a component of a drink or49
beverage shall be sold or otherwise distributed in this state if such product:50
(A) Has more than five milligrams of delta-9-THC per 12 fluid ounces of liquid, or the51
proportionate equivalent thereof; or52
(B) Is packaged in a container that exceeds 12 fluid ounces of liquid.53
(3) No consumable hemp product that is intended for topical application shall be sold or54
otherwise distributed in this state if such product is packaged in a container that has more55
than 1,000 milligrams of delta-9-THC.56
(4) No consumable hemp product that constitutes or is a component of a tincture shall57
be sold or otherwise distributed in this state if such product:58
(A) Has more than one milligram of delta-9-THC per one milliliter of liquid, or the59
proportionate equivalent thereof; or60
(B) Is packaged in a container that exceeds 60 milliliters of liquid."61
SECTION 2.62
All laws and parts of laws in conflict with this Act are repealed.63
S. B. 254
- 3 -