25 LC 28 0696S
The House Committee on Regulated Industries offers 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 authorize licensed retail dealers in distilled spirits to obtain2
retail consumable hemp establishment licenses; to authorize licensed retail dealers in distilled3
spirits to sell or offer for sale consumable hemp products to consumers; to revise certain4
definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Hemp8
Farming Act," is amended by revising Code Section 2-23-9.2, relating to consumable hemp9
products, packaging, advertising, and distribution, as follows:10
"2-23-9.2.11
(a) No consumable hemp product shall be sold or otherwise distributed in this state unless12
such product is packaged in a container that:13
(1) Is not attractive to children;14
(2) Does not bear any reasonable resemblance to any existing candy, snack, or other food15
product that is widely distributed and familiar to the public;16
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(3) Does not infringe on any trade dress, trademarks, branding, or other related materials17
as described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States18
Code; and19
(4) Is tamper evident and child resistant.20
(b) No consumable hemp product shall be advertised in this state in any manner that:21
(1) Is attractive to children;22
(2) Bears a reasonable resemblance to any existing candy, snack, or other food product23
that is widely distributed and familiar to the public;24
(3) Infringes on any trade dress, trademarks, branding, or other related materials as25
described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States26
Code; or27
(4) Suggests that such product constitutes or contains low THC oil, as such term is28
defined in Code Section 16-12-190, or otherwise constitutes or contains medical29
marijuana or medical cannabis.30
(c)(1) As used in this subsection Code section, the term:31
(A) 'Food product' means any product intended to be consumed by humans for physical32
subsistence; provided, however, that such term shall not include gummies, consumable33
base oils, or products that constitute drinks or beverages.34
(B) 'Gummy' means a gelatinous substance in the form of a cube, sphere, prismatoid,35
ovoid, or other shape that is designed for human ingestion.36
(2) No consumable hemp product shall be sold or otherwise distributed in this state if37
such product constitutes or is a component of:38
(A) A food product; or39
(B) A drink or beverage that contains alcohol or constitutes an alcoholic beverage40
under Title 3.41
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(3) Nothing in this subsection is intended to prohibit the sale or distribution of hemp that42
is contained within gummies or consumable base oils, provided that such gummies or43
consumable base oils are not a component of a food product.44
(d) Notwithstanding any provision of this chapter, any provision of Title 3, or any rules45
and regulations promulgated by the Commissioner of the Department of Revenue pursuant46
to Chapter 4 of Title 3, a licensed retail dealer in distilled spirits may obtain a retail47
consumable hemp establishment license and, upon obtaining such license, such licensed48
retail dealer may sell or offer for sale consumable hemp products to consumers in49
accordance with the provisions of this chapter and the rules and regulations promulgated50
by the Commissioner pursuant to this chapter."51
SECTION 2.52
All laws and parts of laws in conflict with this Act are repealed.53
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