| 5 | | - | To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia1 |
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| 6 | | - | Hemp Farming Act," so as to authorize licensed retail dealers in distilled spirits to obtain2 |
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| 7 | | - | retail consumable hemp establishment licenses; to authorize licensed retail dealers in distilled3 |
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| 8 | | - | spirits to sell or offer for sale consumable hemp products to consumers; to revise certain4 |
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| 9 | | - | definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.5 |
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| 10 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 11 | | - | SECTION 1.7 |
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| 12 | | - | Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Hemp8 |
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| 13 | | - | Farming Act," is amended by revising Code Section 2-23-9.2, relating to consumable hemp9 |
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| 14 | | - | products, packaging, advertising, and distribution, as follows:10 |
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| 15 | | - | "2-23-9.2.11 |
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| 16 | | - | (a) No consumable hemp product shall be sold or otherwise distributed in this state unless12 |
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| 17 | | - | such product is packaged in a container that:13 |
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| 18 | | - | (1) Is not attractive to children;14 |
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| 19 | | - | (2) Does not bear any reasonable resemblance to any existing candy, snack, or other food15 |
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| 20 | | - | product that is widely distributed and familiar to the public;16 |
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| 21 | | - | S. B. 254 (SUB) |
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| 22 | | - | - 1 - 25 LC 28 0696S |
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| 23 | | - | (3) Does not infringe on any trade dress, trademarks, branding, or other related materials17 |
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| 24 | | - | as described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States18 |
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| 25 | | - | Code; and19 |
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| 26 | | - | (4) Is tamper evident and child resistant.20 |
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| 27 | | - | (b) No consumable hemp product shall be advertised in this state in any manner that:21 |
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| 28 | | - | (1) Is attractive to children;22 |
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| 29 | | - | (2) Bears a reasonable resemblance to any existing candy, snack, or other food product23 |
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| 30 | | - | that is widely distributed and familiar to the public;24 |
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| 31 | | - | (3) Infringes on any trade dress, trademarks, branding, or other related materials as25 |
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| 32 | | - | described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States26 |
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| 33 | | - | Code; or27 |
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| 34 | | - | (4) Suggests that such product constitutes or contains low THC oil, as such term is28 |
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| 35 | | - | defined in Code Section 16-12-190, or otherwise constitutes or contains medical29 |
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| 36 | | - | marijuana or medical cannabis.30 |
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| 37 | | - | (c)(1) As used in this subsection Code section, the term:31 |
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| 38 | | - | (A) 'Food product' means any product intended to be consumed by humans for physical32 |
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| 39 | | - | subsistence; provided, however, that such term shall not include gummies, consumable33 |
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| 40 | | - | base oils, or products that constitute drinks or beverages.34 |
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| 41 | | - | (B) 'Gummy' means a gelatinous substance in the form of a cube, sphere, prismatoid,35 |
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| 42 | | - | ovoid, or other shape that is designed for human ingestion.36 |
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| 43 | | - | (2) No consumable hemp product shall be sold or otherwise distributed in this state if37 |
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| 44 | | - | such product constitutes or is a component of:38 |
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| 45 | | - | (A) A food product; or39 |
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| 46 | | - | (B) A drink or beverage that contains alcohol or constitutes an alcoholic beverage40 |
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| 47 | | - | under Title 3.41 |
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| 48 | | - | S. B. 254 (SUB) |
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| 49 | | - | - 2 - 25 LC 28 0696S |
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| 50 | | - | (3) Nothing in this subsection is intended to prohibit the sale or distribution of hemp that42 |
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| 51 | | - | is contained within gummies or consumable base oils, provided that such gummies or43 |
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| 52 | | - | consumable base oils are not a component of a food product.44 |
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| 53 | | - | (d) Notwithstanding any provision of this chapter, any provision of Title 3, or any rules45 |
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| 54 | | - | and regulations promulgated by the Commissioner of the Department of Revenue pursuant46 |
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| 55 | | - | to Chapter 4 of Title 3, a licensed retail dealer in distilled spirits may obtain a retail47 |
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| 56 | | - | consumable hemp establishment license and, upon obtaining such license, such licensed48 |
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| 57 | | - | retail dealer may sell or offer for sale consumable hemp products to consumers in49 |
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| 58 | | - | accordance with the provisions of this chapter and the rules and regulations promulgated50 |
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| 59 | | - | by the Commissioner pursuant to this chapter."51 |
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| 60 | | - | SECTION 2.52 |
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| 61 | | - | All laws and parts of laws in conflict with this Act are repealed.53 |
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| 62 | | - | S. B. 254 (SUB) |
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| 7 | + | To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia |
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| 8 | + | 1 |
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| 9 | + | Hemp Farming Act," so as to prohibit the sale of consumable hemp beverages that contain2 |
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| 10 | + | THC; to provide milligram limits on THC in consumable hemp products; to provide for a3 |
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| 11 | + | definition; to provide for related matters; to repeal conflicting laws; and for other purposes.4 |
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| 12 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 13 | + | SECTION 1.6 |
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| 14 | + | Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Hemp7 |
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| 15 | + | Farming Act," is amended in Code Section 2-23-3, relating to definitions, by adding a new8 |
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| 16 | + | paragraph to read as follows:9 |
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| 17 | + | "(28.1) 'Total THC' means delta-8-tetrahydrocannabinol, delta-9-THC, |
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| 18 | + | 10 |
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| 19 | + | delta-10-tetrahydrocannabinol, or any combination thereof."11 |
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| 20 | + | SECTION 2.12 |
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| 21 | + | Said chapter is further amended by revising Code Section 2-23-9.2, relating to consumable13 |
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| 22 | + | hemp products, packaging, advertising, and distribution, as follows:14 |
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| 23 | + | S. B. 254 |
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| 24 | + | - 1 - 25 SB 254/CSFA |
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| 25 | + | "2-23-9.2. |
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| 26 | + | 15 |
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| 27 | + | (a) No consumable hemp product shall be sold or otherwise distributed in this state unless16 |
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| 28 | + | such product is packaged in a container that:17 |
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| 29 | + | (1) Is not attractive to children;18 |
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| 30 | + | (2) Does not bear any reasonable resemblance to any existing candy, snack, or other food19 |
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| 31 | + | product that is widely distributed and familiar to the public;20 |
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| 32 | + | (3) Does not infringe on any trade dress, trademarks, branding, or other related materials21 |
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| 33 | + | as described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States22 |
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| 34 | + | Code; and23 |
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| 35 | + | (4) Is tamper evident and child resistant.24 |
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| 36 | + | (b) No consumable hemp product shall be advertised in this state in any manner that:25 |
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| 37 | + | (1) Is attractive to children;26 |
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| 38 | + | (2) Bears a reasonable resemblance to any existing candy, snack, or other food product27 |
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| 39 | + | that is widely distributed and familiar to the public;28 |
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| 40 | + | (3) Infringes on any trade dress, trademarks, branding, or other related materials as29 |
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| 41 | + | described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States30 |
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| 42 | + | Code; or31 |
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| 43 | + | (4) Suggests that such product constitutes or contains low THC oil, as such term is32 |
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| 44 | + | defined in Code Section 16-12-190, or otherwise constitutes or contains medical33 |
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| 45 | + | marijuana or medical cannabis.34 |
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| 46 | + | (c)(1) As used in this subsection, the term:35 |
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| 47 | + | (A) 'Food product' means any product intended to be consumed by humans for physical36 |
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| 48 | + | subsistence; provided, however, that such term shall not include gummies, consumable |
|---|
| 49 | + | 37 |
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| 50 | + | base oils, or products that constitute drinks or beverages.38 |
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| 51 | + | (B) 'Gummy' means a gelatinous substance in the form of a cube, sphere, prismatoid,39 |
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| 52 | + | ovoid, or other shape that is designed for human ingestion.40 |
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| 53 | + | S. B. 254 |
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| 54 | + | - 2 - 25 SB 254/CSFA |
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| 55 | + | (2) No consumable hemp product shall be sold or otherwise distributed in this state if |
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| 56 | + | 41 |
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| 57 | + | such product constitutes or is a component of:42 |
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| 58 | + | (A) A food product; or43 |
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| 59 | + | (B) A drink or beverage that: |
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| 60 | + | 44 |
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| 61 | + | (i) Contains contains alcohol or constitutes an alcoholic beverage under Title 3; or45 |
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| 62 | + | (ii) Contains THC.46 |
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| 63 | + | (3) Nothing in this subsection is intended to prohibit the sale or distribution of hemp that47 |
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| 64 | + | is contained within gummies or consumable base oils, provided that such gummies or48 |
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| 65 | + | consumable base oils are not a component of a food product or a drink or beverage.49 |
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| 66 | + | (d)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, no50 |
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| 67 | + | consumable hemp product shall be sold or otherwise distributed in this state if such51 |
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| 68 | + | product has more than:52 |
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| 69 | + | (A) Ten milligrams of total THC per serving; or53 |
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| 70 | + | (B) 150 milligrams of total THC per container.54 |
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| 71 | + | (2) No consumable hemp product that is intended for topical application shall be sold or55 |
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| 72 | + | otherwise distributed in this state if such product is packaged in a container that has more56 |
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| 73 | + | than 1,000 milligrams of total THC.57 |
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| 74 | + | (3) No consumable hemp product that constitutes a tincture shall be sold or otherwise58 |
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| 75 | + | distributed in this state if such product:59 |
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| 76 | + | (A) Has more than one milligram of total THC per one milliliter of liquid, or the60 |
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| 77 | + | proportionate equivalent thereof; or61 |
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| 78 | + | (B) Is packaged in a container that exceeds 60 milliliters of liquid."62 |
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| 79 | + | SECTION 3.63 |
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| 80 | + | All laws and parts of laws in conflict with this Act are repealed.64 |
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| 81 | + | S. B. 254 |
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