25 LC 55 0561S
The Senate Committee on Regulated Industries and Utilities offered the following
substitute to SB 254:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia1
Hemp Farming Act," so as to provide milligram limits on THC in consumable hemp2
products; to provide for a definition; to provide for related matters; to repeal conflicting laws;3
and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Hemp7
Farming Act," is amended in Code Section 2-23-3, relating to definitions, by adding a new8
paragraph to read as follows:9
"(28.1) 'Total THC' means delta-8-tetrahydrocannabinol, delta-9-THC,10
delta-10-tetrahydrocannabinol, or any combination thereof."11
SECTION 2.12
Said chapter is further amended by revising Code Section 2-23-9.2, relating to consumable13
hemp products, packaging, advertising, and distribution, as follows:14
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"2-23-9.2.15
(a) No consumable hemp product shall be sold or otherwise distributed in this state unless16
such product is packaged in a container that:17
(1) Is not attractive to children;18
(2) Does not bear any reasonable resemblance to any existing candy, snack, or other food19
product that is widely distributed and familiar to the public;20
(3) Does not infringe on any trade dress, trademarks, branding, or other related materials21
as described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States22
Code; and23
(4) Is tamper evident and child resistant.24
(b) No consumable hemp product shall be advertised in this state in any manner that:25
(1) Is attractive to children;26
(2) Bears a reasonable resemblance to any existing candy, snack, or other food product27
that is widely distributed and familiar to the public;28
(3) Infringes on any trade dress, trademarks, branding, or other related materials as29
described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States30
Code; or31
(4) Suggests that such product constitutes or contains low THC oil, as such term is32
defined in Code Section 16-12-190, or otherwise constitutes or contains medical33
marijuana or medical cannabis.34
(c)(1) As used in this subsection, the term:35
(A) 'Food product' means any product intended to be consumed by humans for physical36
subsistence; provided, however, that such term shall not include gummies, consumable37
base oils, or products that constitute drinks or beverages.38
(B) 'Gummy' means a gelatinous substance in the form of a cube, sphere, prismatoid,39
ovoid, or other shape that is designed for human ingestion.40
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(2) No consumable hemp product shall be sold or otherwise distributed in this state if41
such product constitutes or is a component of:42
(A) A food product; or43
(B) A drink or beverage that contains alcohol or constitutes an alcoholic beverage44
under Title 3.45
(3) Nothing in this subsection is intended to prohibit the sale or distribution of hemp that46
is contained within gummies or consumable base oils, provided that such gummies or47
consumable base oils are not a component of a food product.48
(d)(1) Except as otherwise provided in paragraphs (2), (3), and (4) of this subsection, no49
consumable hemp product shall be sold or otherwise distributed in this state if such50
product has more than:51
(A) Ten milligrams of total THC per serving; or52
(B) 150 milligrams of total THC per container.53
(2) No consumable hemp product that constitutes a drink or beverage shall be sold or54
otherwise distributed in this state if such product:55
(A) Has more than five milligrams of total THC per 12 fluid ounces of liquid, or the56
proportionate equivalent thereof; or57
(B) Is packaged in a container that exceeds 12 fluid ounces of liquid.58
(3) No consumable hemp product that is intended for topical application shall be sold or59
otherwise distributed in this state if such product is packaged in a container that has more60
than 1,000 milligrams of total THC.61
(4) No consumable hemp product that constitutes a tincture shall be sold or otherwise62
distributed in this state if such product:63
(A) Has more than one milligram of total THC per one milliliter of liquid, or the64
proportionate equivalent thereof; or65
(B) Is packaged in a container that exceeds 60 milliliters of liquid."66
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SECTION 3.67
All laws and parts of laws in conflict with this Act are repealed.68
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