Georgia 2025-2026 Regular Session

Georgia Senate Bill SB33 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 55 0524S (SCS)
2		-	Senate Bill 33
3		-	By: Senators Kirkpatrick of the 32nd, Watson of the 1st, Cowsert of the 46th, Watson of the
4		-	11th, Parent of the 44th and others
5		-	AS PASSED SENATE
	1	+	25 LC 55 0524S
	2	+	The Senate Committee on Regulated Industries and Utilities offered the following
	3	+	substitute to SB 33:
6	4		A BILL TO BE ENTITLED
7	5		AN ACT
8		-	To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia
9		-	1
	6	+	To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia1
10	7		Hemp Farming Act," so as to provide limits on the total concentration of intoxicating2
11	8		cannabinoids in consumable hemp products; to revise provisions concerning the certificate3
12	9		of analysis applicable to consumable hemp products; to revise and provide for definitions;4
13	10		to provide for related matters; to repeal conflicting laws; and for other purposes.5
14	11		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
15	12		SECTION 1.7
16	13		Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Hemp8
17	14		Farming Act," is amended by revising Code Section 2-23-3, relating to definitions, as9
18	15		follows:10
19	16		"2-23-3.11
20	17		As used in this chapter, the term:12
21	18		(1) 'Attractive to children' means the use of any characters or symbols designed to13
22	19		appeal, or would likely appeal, primarily to individuals under 21 years of age, including14
23	20		but not limited to anthropomorphized animals, creatures, promotional characters, licensed15
24	21		characters, or inanimate objects; depictions of children; or depictions of candy.16
25		-	S. B. 33
26		-	- 1 - 25 LC 55 0524S (SCS)
27		-	(2) 'Commercial sale' means the sale of products in the stream of commerce at retail, at
28		-	17
	22	+	- 1 - 25 LC 55 0524S
	23	+	(2) 'Commercial sale' means the sale of products in the stream of commerce at retail, at17
29	24		wholesale, and online.18
30	25		(3) 'Consumable hemp product' means a hemp product intended to be ingested, absorbed,19
31	26		or inhaled by humans or animals.20
32	27		(4) 'Contaminant' means a foreign substance or compound that may, if ingested,21
33	28		absorbed, or inhaled, have an adverse effect on the health of a human or animal. Such22
34	29		term shall include, without limitation, heavy metals, pesticide residues, residual solvents23
35	30		or processing chemicals, and any other substance or compound that the department24
36	31		determines could, if ingested, absorbed, or inhaled, have an adverse effect on the health25
37	32		of a human or animal.26
38	33		(5) 'Cultivate' means to plant, water, grow, and harvest a plant or crop.27
39	34		(6) 'Delta-9-THC' means delta-9-tetrahydrocannabinol.28
40	35		(7) 'Delta-9-THCA' means delta-9-tetrahydrocannabinolic acid.29
41	36		(8) Reserved.30
42	37		(9) 'Full panel certificate of analysis' means a report, produced by a laboratory which is31
43	38		unaffiliated with the processor or manufacturer and which has been accredited pursuant32
44	39		to the standards of the International Organization for Standardization for the competence,33
45	40		impartiality, and consistent operation of laboratories, attesting to the composition of a34
46	41		product.35
47	42		(10) 'Handle' means to possess or store hemp plants for any period of time other than36
48	43		during the actual transport of such plants from the premises of a person licensed to37
49	44		cultivate or permitted to process hemp or a college or university authorized to conduct38
50	45		research pursuant to Code Section 2-23-4 to the premises of another licensed or permitted39
51	46		person or to a college or university authorized to conduct research pursuant to Code40
52	47		Section 2-23-4; provided, however, that such term shall not include possessing or storing41
53	48		finished hemp products.42
54		-	S. B. 33
55		-	- 2 - 25 LC 55 0524S (SCS)
56		-	(11) 'Hemp' means the Cannabis sativa L. plant and any part of such plant, including the
57		-	43
	49	+	- 2 - 25 LC 55 0524S
	50	+	(11) 'Hemp' means the Cannabis sativa L. plant and any part of such plant, including the43
58	51		seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts44
59	52		of isomers, whether growing or not, with a total delta-9-THC concentration that does not45
60	53		exceed the legal limit.46
61	54		(12) 'Hemp grower licensee' means an individual or business entity possessing a hemp47
62	55		grower license issued by the department under the authority of this chapter to handle and48
63	56		cultivate hemp in the State of Georgia.49
64	57		(13) 'Hemp products' means all products with a total delta-9-THC concentration that does50
65	58		not exceed the legal limit that are derived from, or made by, processing hemp plants or51
66	59		plant parts and that are prepared in a form available for commercial sale.52
67	60		(14) 'Industrial hemp product' means any hemp product that is not a consumable hemp53
68	61		product.54
69		-	(14.1) 'Intoxicating cannabinoids' means and includes:
70		-	55
	62	+	(14.1) 'Intoxicating cannabinoids' means and includes:55
71	63		(A) THC and any isomers, derivatives, salts, salts of isomers, analogues, halogen56
72	64		analogues, or homologues of THC, including, but not limited to,57
73	65		delta-8-tetrahydrocannabinol (delta-8-THC), delta-9-tetrahydrocannabinol58
74	66		(delta-9-THC), delta-10-tetrahydrocannabinol (delta-10-THC),59
75	67		delta-11-tetrahydrocannabinol (delta-11-THC), and exo-tetrahydrocannabinol60
76	68		(exo-THC); and61
77	69		(B) Hexahydrocannabinol (HHC) and any isomers, derivatives, salts, salts of isomers,62
78	70		analogues, halogen analogues, or homologues of HHC.63
79	71		(15) 'Key participant' means a sole proprietor, a partner in a partnership, or a person with64
80	72		executive managerial control in a corporation when such sole proprietor, partnership, or65
81	73		corporation is an applicant to be a hemp grower licensee or a permittee. A person with66
82	74		executive managerial control in a corporation includes persons serving as a chief67
83	75		executive officer, chief operating officer, chief financial officer, or any other individual68
84		-	S. B. 33
85		-	- 3 - 25 LC 55 0524S (SCS)
86		-	identified in regulations promulgated by the department. Such term shall not include
87		-	69
	76	+	- 3 - 25 LC 55 0524S
	77	+	identified in regulations promulgated by the department. Such term shall not include69
88	78		nonexecutive managers, such as farm, field, or shift managers.70
89	79		(16) 'Legal limit' means a total delta-9-THC concentration that is the lesser of:71
90	80		(A) 0.3 percent; or72
91	81		(B) The percentage limit set forth in 7 U.S.C. Section 1639o.73
92	82		(17) 'Licensee' means an individual or business entity possessing a license issued by the74
93	83		department under the authority of this chapter.75
94	84		(18) 'Manufacture' means to create, produce, manipulate, combine, or package.76
95	85		(19) 'Manufacturer license' means a license issued by the department under the authority77
96	86		of this chapter to an individual or business entity that manufactures consumable hemp78
97	87		products or industrial hemp products in this state.79
98	88		(20) 'Measurement of uncertainty' means the parameter, associated with the result of a80
99	89		measurement, that characterizes the dispersion of the values that could reasonably be81
100	90		attributed to the particular quantity subject to measurement.82
101	91		(21) 'Permittee' means an individual or business entity possessing a hemp processor83
102	92		permit issued by the department under the authority of this chapter to handle and process84
103	93		hemp in the State of Georgia.85
104	94		(22)(A) 'Process' or 'processing,' except as otherwise provided in subparagraph (B) of86
105	95		this paragraph, means converting an agricultural commodity into a legally marketable87
106	96		form.88
107	97		(B) Such term shall not include:89
108	98		(i) Merely placing raw or dried material into another container or packaging raw or90
109	99		dried material for resale; or91
110	100		(ii) Traditional farming practices such as those commonly known as drying, shucking92
111	101		and bucking, storing, trimming, and curing.93
112	102		(23) 'QR code' means a quick response code that is a type of machine-readable,94
113	103		two-dimensional barcode that stores information about a product.95
114		-	S. B. 33
115		-	- 4 - 25 LC 55 0524S (SCS)
116		-	(24) 'Registered laboratory' means an individual or business entity that tests or analyzes
117		-	96
	104	+	- 4 - 25 LC 55 0524S
	105	+	(24) 'Registered laboratory' means an individual or business entity that tests or analyzes96
118	106		any plant within the genus Cannabis, including but not limited to hemp, and products97
119	107		made from or derived from such plant, including but not limited to hemp products and98
120	108		consumable hemp products, and that has registered with the department under this99
121	109		chapter.100
122	110		(25) 'Research' or 'researching' means experimental field, greenhouse, or laboratory101
123	111		activity for the ultimate purpose of developing new hemp varieties and products,102
124	112		improving existing hemp products, developing new uses for existing hemp products, or103
125	113		developing or improving methods for producing hemp products.104
126	114		(26) 'Retail consumable hemp establishment license' means a license issued by the105
127	115		department under the authority of this chapter to an individual or business entity that106
128	116		prepares or sells prepackaged consumable hemp products to consumers.107
129		-	(27) 'THC' means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination
130		-	108
	117	+	(27) 'THC' means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination108
131	118		of tetrahydrocannabinol and tetrahydrocannabinolic acid.109
132	119		(28) 'Total concentration of intoxicating cannabinoids' means the concentration of all110
133	120		THC and other intoxicating cannabinoids within a sample.111
134	121		(28)(29) 'Total delta-9-THC concentration' means a concentration of delta-9-THC as112
135	122		determined by Code Section 2-23-3.1.113
136	123		(29)(30) 'Wholesale consumable hemp license' means a license issued by the department114
137	124		under the authority of this chapter to an individual or business entity that sells, in bulk,115
138	125		prepackaged consumable hemp products to retail consumable hemp establishment116
139	126		licensees or to other retail establishments located outside of the State of Georgia that are117
140	127		authorized to sell consumable hemp products to consumers in the jurisdiction where such118
141	128		establishments are located."119
142		-	S. B. 33
143		-	- 5 - 25 LC 55 0524S (SCS)
144		-	SECTION 2.
145		-	120
	129	+	- 5 - 25 LC 55 0524S
	130	+	SECTION 2.120
146	131		Said chapter is further amended by revising Code Section 2-23-9.1, relating to consumable121
147	132		hemp products, certificate of analysis, THC warning, and inspections, as follows:122
148	133		"2-23-9.1.123
149		-	(a) No consumable hemp product shall be sold or otherwise distributed in this state if such
150		-	124
	134	+	(a) No consumable hemp product shall be sold or otherwise distributed in this state if such124
151	135		product has a total concentration of intoxicating cannabinoids that exceeds 0.3 percent,125
152	136		determined on a dry weight basis where applicable.126
153	137		(a)(b) No consumable hemp product shall be sold or otherwise distributed in this state127
154	138		unless the processor or manufacturer has, within the last 12 months, contracted for a full128
155	139		panel certificate of analysis to be conducted on such product and such analysis has been129
156	140		conducted and made available to the public. Such full panel certificate of analysis shall,130
157	141		at a minimum:131
158	142		(1) Attest to the presence and amount, in such product's final packaged form, of the132
159	143		following compounds or groups of compounds:133
160	144		(A) THC Intoxicating cannabinoids;134
161	145		(B) Cannabidiol (CBD);135
162	146		(C) Cannabidiolic acid (CBDA);136
163	147		(D) Cannabigerol (CBG);137
164	148		(E) Cannabigerolic acid (CBGA);138
165	149		(F) Cannabinol (CBN); and139
166	150		(G) Hexahydrocannabinol (HHC); and140
167	151		(H)(G) Any other compound or groups of compounds that the department determines141
168	152		is necessary to protect the health and safety of consumers; and142
169	153		(2) Attest that the product, in its final packaged form, does not contain any contaminants143
170	154		in excess of the maximum levels established by the department. In establishing such144
171	155		maximum levels, the department shall consider the American Herbal Pharmacopoeia145
172		-	S. B. 33
173		-	- 6 - 25 LC 55 0524S (SCS)
174		-	monographs or such other scientific resources that the department determines is accurate,
175		-	146
	156	+	- 6 - 25 LC 55 0524S
	157	+	monographs or such other scientific resources that the department determines is accurate,146
176	158		reliable, and relevant.147
177		-	(b)
178		-	(c) Any consumable hemp product sold or otherwise distributed in this state shall bear:148
	159	+	(b)(c) Any consumable hemp product sold or otherwise distributed in this state shall bear:148
179	160		(1) A sticker, approved by the department, warning potential consumers that such149
180	161		product contains THC; and150
181	162		(2) A conspicuous label providing the information from the full panel certificate of151
182	163		analysis conducted on such product within the last 12 months pursuant to subsection (a)152
183	164		(b) of this Code section or allowing a consumer to access such information using a QR153
184	165		code.154
185	166		(c)(d) The department shall randomly inspect and test consumable hemp products155
186	167		available for purchase at retail establishments to ensure compliance with this Code section. 156
187	168		Such investigations and testing shall be conducted in compliance with this chapter and with157
188	169		the rules and regulations promulgated by the department.158
189	170		(d)(e) In the event that an inspection or test of a consumable hemp product conducted by159
190	171		the department pursuant to subsection (c) (d) of this Code section reveals that such product:160
191	172		(1) Does not bear:161
192	173		(A) The sticker required under paragraph (1) of subsection (b) (c) of this Code section;162
193	174		or163
194	175		(B) The label required under paragraph (2) of subsection (b) (c) of this Code section;164
195	176		(2) Has a total delta-9-THC concentration that exceeds the legal limit;165
196	177		(3) Has a total concentration of intoxicating cannabinoids that exceeds 0.3 percent;166
197	178		(3)(4) Contains one or more contaminants in excess of the maximum levels established167
198	179		by the department; or168
199	180		(4)(5) Has a composition that is materially different from what is shown on the full panel169
200	181		certificate of analysis conducted on such product within the last 12 months pursuant to170
201	182		subsection (a) (b) of this Code section,171
202		-	S. B. 33
203		-	- 7 - 25 LC 55 0524S (SCS)
204		-	such product and all related consumable hemp products shall be disposed of in compliance
205		-	172
	183	+	- 7 - 25 LC 55 0524S
	184	+	such product and all related consumable hemp products shall be disposed of in compliance172
206	185		with this chapter and with the rules and regulations promulgated by the department.173
207		-	(e)
208		-	(f) Any person who violates the provisions of subsection (a) or (b) or (c) of this Code174
	186	+	(e)(f) Any person who violates the provisions of subsection (a) or (b) or (c) of this Code174
209	187		section shall be guilty of a misdemeanor."175
210	188		SECTION 3.176
211	189		All laws and parts of laws in conflict with this Act are repealed.177
212		-	S. B. 33
213	190		- 8 -