25 SB 254/CSFA
Senate Bill 254
By: Senator Cowsert of the 46th
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia
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Hemp Farming Act," so as to prohibit the sale of consumable hemp beverages that contain2
THC; to provide milligram limits on THC in consumable hemp products; to provide for a3
definition; to provide for related matters; to repeal conflicting laws; 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,
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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.
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(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, consumable
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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 if
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such product constitutes or is a component of:42
(A) A food product; or43
(B) A drink or beverage that:
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(i) Contains contains alcohol or constitutes an alcoholic beverage under Title 3; or45
(ii) Contains THC.46
(3) Nothing in this subsection is intended to prohibit the sale or distribution of hemp that47
is contained within gummies or consumable base oils, provided that such gummies or48
consumable base oils are not a component of a food product or a drink or beverage.49
(d)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, no50
consumable hemp product shall be sold or otherwise distributed in this state if such51
product has more than:52
(A) Ten milligrams of total THC per serving; or53
(B) 150 milligrams of total THC per container.54
(2) No consumable hemp product that is intended for topical application shall be sold or55
otherwise distributed in this state if such product is packaged in a container that has more56
than 1,000 milligrams of total THC.57
(3) No consumable hemp product that constitutes a tincture shall be sold or otherwise58
distributed in this state if such product:59
(A) Has more than one milligram of total THC per one milliliter of liquid, or the60
proportionate equivalent thereof; or61
(B) Is packaged in a container that exceeds 60 milliliters of liquid."62
SECTION 3.63
All laws and parts of laws in conflict with this Act are repealed.64
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