HB34: HB34 Professional licensing boards; continuing education tracking solution to monitor compliance of licenses with applicable continuing education requirements; establish

26 LC 56 0708S The Senate Committee on Regulated Industries and Utilities offered the following substitute to HB 34: 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 limits on the total concent ration of intoxicating2 cannabinoids in consumable hemp products; to revise provisions concerning the certificate3 of analysis applicable to consumable hemp products; to provide for a conspicuous label; to4 provide milligram limits on THC in consumable hemp products; to provide for definitions;5 to provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 23 of Title 2 of the Official Code of Georgia Annotated , the "Georgia Hemp9 Farming Act," is amended by revising Code Section 2-23-3, relat ing to definitions, as10 follows:11 "2-23-3.12 As used in this chapter, the term:13 (1) 'Attractive to children' means the use of any characters o r symbols designed to14 appeal, or would likely appeal, primarily to individuals under 21 years of age, including15 - 1 - 26 LC 56 0708S but not limited to anthropomorphized animals, creatures, promotional characters, licensed16 characters, or inanimate objects; depictions of children; or depictions of candy.17 (2) 'Commercial sale' means the sale of products in the stream of commerce at retail, at18 wholesale, and online.19 (3) 'Consumable hemp product' means a hemp product intended to be ingested, absorbed,20 or inhaled by humans or animals.21 (4) 'Contaminant' means a foreign substance or compound that m ay, if ingested,22 absorbed, or inhaled, have an adverse effect on the health of a human or animal. Such23 term shall include, without limitation, heavy metals, pesticide residues, residual solvents24 or processing chemicals, and any other substance or compound th at the department25 determines could, if ingested, absorbed, or inhaled, have an adverse effect on the health26 of a human or animal.27 (5) 'Cultivate' means to plant, water, grow, and harvest a plant or crop.28 (6) 'Delta-9-THC' means delta-9-tetrahydrocannabinol.29 (7) 'Delta-9-THCA' means delta-9-tetrahydrocannabinolic acid.30 (8) Reserved.31 (9) 'Full panel certificate of analysis' means a report, produced by a laboratory which is32 unaffiliated with the processor or manufacturer and which has been accredited pursuant33 to the standards of the International Organization for Standardization for the competence,34 impartiality, and consistent operation of laboratories, attesti ng to the composition of a35 product.36 (10) 'Handle' means to possess or store hemp plants for any pe riod of time other than37 during the actual transport of such plants from the premises of a person licensed to38 cultivate or permitted to process hemp or a college or universi ty authorized to conduct39 research pursuant to Code Section 2-23-4 to the premises of another licensed or permitted40 person or to a college or university authorized to conduct rese arch pursuant to Code41 - 2 - 26 LC 56 0708S Section 2-23-4; provided, however, that such term shall not include possessing or storing42 finished hemp products.43 (11) 'Hemp' means the Cannabis sativa L. plant and any part of such plant, including the44 seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts45 of isomers, whether growing or not, with a total delta-9-THC concentration that does not46 exceed the legal limit.47 (12) 'Hemp grower licensee' means an individual or business entity possessing a hemp48 grower license issued by the department under the authority of this chapter to handle and49 cultivate hemp in the State of Georgia.50 (13) 'Hemp products' means all products with a total delta-9-THC concentration that does51 not exceed the legal limit that are derived from, or made by, processing hemp plants or52 plant parts and that are prepared in a form available for commercial sale.53 (14) 'Industrial hemp product' means any hemp product that is not a consumable hemp54 product.55 (14.1) 'Intoxicating cannabinoids' means and includes:56 (A) THC and any isomers, derivatives, salts, salts of isomers, analogues, halogen57 analogues, or homologues of THC , including, but not limited to,58 delta-8-tetrahydrocannabinol (delta-8-THC), delta-9-tetrahydroc annabinol59 (delta-9-THC), delta-10-tetrahydrocannabinol (delta-10-THC),60 delta-11-tetrahydrocannabinol (delta-11-THC), and exo-tetrahydr ocannabinol61 (exo-THC); and62 (B) Hexahydrocannabinol (HHC) and any isomers, derivatives, salts, salts of isomers,63 analogues, halogen analogues, or homologues of HHC.64 (15) 'Key participant' means a sole proprietor, a partner in a partnership, or a person with65 executive managerial control in a corporation when such sole proprietor, partnership, or66 corporation is an applicant to be a hemp grower licensee or a permittee. A person with67 executive managerial control in a corporation includes persons serving as a chief68 - 3 - 26 LC 56 0708S executive officer, chief operating officer, chief financial officer, or any other individual69 identified in regulations promulgated by the department. Such term shall not include70 nonexecutive managers, such as farm, field, or shift managers.71 (16) 'Legal limit' means a total delta-9-THC concentration that is the lesser of:72 (A) 0.3 percent; or73 (B) The percentage limit set forth in 7 U.S.C. Section 1639o.74 (17) 'Licensee' means an individual or business entity possessing a license issued by the75 department under the authority of this chapter.76 (18) 'Manufacture' means to create, produce, manipulate, combine, or package.77 (19) 'Manufacturer license' means a license issued by the department under the authority78 of this chapter to an individual or business entity that manufactures consumable hemp79 products or industrial hemp products in this state.80 (20) 'Measurement of uncertainty' means the parameter, associated with the result of a81 measurement, that characterizes the dispersion of the values th at could reasonably be82 attributed to the particular quantity subject to measurement.83 (21) 'Permittee' means an individual or business entity posses sing a hemp processor84 permit issued by the department under the authority of this chapter to handle and process85 hemp in the State of Georgia.86 (22)(A) 'Process' or 'processing,' except as otherwise provided in subparagraph (B) of87 this paragraph, means converting an agricultural commodity into a legally marketable88 form.89 (B) Such term shall not include:90 (i) Merely placing raw or dried material into another container or packaging raw or91 dried material for resale; or92 (ii) Traditional farming practices such as those commonly known as drying, shucking93 and bucking, storing, trimming, and curing.94 - 4 - 26 LC 56 0708S (23) 'QR code' means a quick response code that is a type of m achine-readable,95 two-dimensional barcode that stores information about a product.96 (24) 'Registered laboratory' means an individual or business entity that tests or analyzes97 any plant within the genus Canna bis, including but not limited to hemp, and products98 made from or derived from such plant, including but not limited to hemp products and99 consumable hemp products, and that has registered with the depa rtment under this100 chapter.101 (25) 'Research' or 'researching' means experimental field, gre enhouse, or laboratory102 activity for the ultimate purpose of developing new hemp variet ies and products,103 improving existing hemp products, developing new uses for existing hemp products, or104 developing or improving methods for producing hemp products.105 (26) 'Retail consumable hemp establishment license' means a li cense issued by the106 department under the authority of this chapter to an individual or business entity that107 prepares or sells prepackaged consumable hemp products to consumers.108 (27) 'THC' means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination109 of tetrahydrocannabinol and tetrahydrocannabinolic acid.110 (28) 'Total concentration of intoxicating cannabinoids' means the concentration of all111 THC and other intoxicating cannabinoids within a sample.112 (28)(29) 'Total delta-9-THC concentration' means a concentration of de lta-9-THC as113 determined by Code Section 2-23-3.1.114 (29)(30) 'Wholesale consumable hemp license' means a license issued by the department115 under the authority of this chapter to an individual or business entity that sells, in bulk,116 prepackaged consumable hemp products to retail consumable hemp establishment117 licensees or to other retail establishments located outside of the State of Georgia that are118 authorized to sell consumable hemp products to consumers in the jurisdiction where such119 establishments are located."120 - 5 - 26 LC 56 0708S SECTION 2.121 Said chapter is further amended by revising Code Section 2-23-9.1, relating to consumable122 hemp products, certificate of analysis, THC warning, and inspections, as follows:123 "2-23-9.1.124 (a)(1) No consumable hemp product shall be sold or otherwise distributed in this state125 if such product has a total concentration of intoxicating canna binoids that exceeds 0.3126 percent, determined on a dry weight basis where applicable.127 (2) No consumable hemp product shall be sold or otherwise dist ributed in this state if128 such product is in violation of any federal law regarding the t otal amount of 129 tetrahydrocannabinols allowable in hemp derived cannabinoid products.130 (a)(b) No consumable hemp product shall be sold or otherwise distrib uted in this state131 unless the processor or manufacturer has, within the last 12 months, contracted for a full132 panel certificate of analysis to be conducted on such product a nd such analysis has been133 conducted and made available to the public. Such full panel certificate of analysis shall,134 at a minimum:135 (1) Attest to the presence and amount, in such product's final packaged form, of the136 following compounds or groups of compounds:137 (A) THC Intoxicating cannabinoids;138 (B) Cannabidiol (CBD);139 (C) Cannabidiolic acid (CBDA);140 (D) Cannabigerol (CBG);141 (E) Cannabigerolic acid (CBGA);142 (F) Cannabinol (CBN); and143 (G) Hexahydrocannabinol (HHC); and144 (H)(G) Any other compound or groups of compounds that the department determines145 is necessary to protect the health and safety of consumers; and146 - 6 - 26 LC 56 0708S (2) Attest that the product, in its final packaged form, does not contain any contaminants147 in excess of the maximum levels established by the department. In establishing such148 maximum levels, the department shall consider the American Herb al Pharmacopoeia149 monographs or such other scientific resources that the department determines is accurate,150 reliable, and relevant.151 (b)(c) Any consumable hemp product sold or otherwise distributed in this state shall bear:152 (1) A sticker, approved by the department, warning potential c onsumers that such153 product contains THC; and154 (2) A conspicuous label providing the information from the ful l panel certificate of155 analysis conducted on such product within the last 12 months pursuant to subsection (a)156 (b) of this Code section or allowing a consumer to access such information using a QR157 code. ; and158 (3) A conspicuous label stating: 'CONSUMPTION OF THIS PRODUCT MAY IMPAIR159 THE ABILITY TO OPERATE A MOTOR VEHICLE. CONSUMPTION OF THIS160 PRODUCT BEFORE OPERATING A MOTOR VEHICLE MAY CONSTITUTE A161 VIOLATION OF O.C.G.A. 40-6-391(a)(6), DRIVING UNDER THE INFLUENCE.'162 (c)(d) The department shall randomly inspect and test consumable hem p products163 available for purchase at retail establishments to ensure compliance with this Code section. 164 Such investigations and testing shall be conducted in compliance with this chapter and with165 the rules and regulations promulgated by the department.166 (d)(e) In the event that an inspection or test of a consumable hemp product conducted by167 the department pursuant to subsection (c) (d) of this Code section reveals that such product:168 (1) Does not bear:169 (A) The sticker required under paragraph (1) of subsection (b) (c) of this Code section;170 or171 (B) The label required under paragraph (2) of subsection (b) (c) of this Code section;172 (2) Has a total delta-9-THC concentration that exceeds the legal limit;173 - 7 - 26 LC 56 0708S (3) Has a total concentration of intoxicating cannabinoids that exceeds 0.3 percent;174 (3)(4) Contains one or more contaminants in excess of the maximum levels established175 by the department; or176 (4)(5) Has a composition that is materially different from what is shown on the full panel177 certificate of analysis conducted on such product within the last 12 months pursuant to178 subsection (a) (b) of this Code section,179 such product and all related consumable hemp products shall be disposed of in compliance180 with this chapter and with the rules and regulations promulgated by the department.181 (e)(f) Any person who violates the provisions of subsection (a) or (b) or (c) of this Code182 section shall be guilty of a misdemeanor."183 SECTION 3.184 Said chapter is further amended by revising Code Section 2-23-9.2, relating to consumable185 hemp products, packaging, advertising, and distribution, as follows:186 "2-23-9.2.187 (a) No consumable hemp product shall be sold or otherwise distributed in this state unless188 such product is packaged in a container that:189 (1) Is not attractive to children;190 (2) Does not bear any reasonable resemblance to any existing candy, snack, or other food191 product that is widely distributed and familiar to the public;192 (3) Does not infringe on any trade dress, trademarks, branding, or other related materials193 as described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States194 Code; and195 (4) Is tamper evident and child resistant.196 (b) No consumable hemp product shall be advertised in this state in any manner that:197 (1) Is attractive to children;198 - 8 - 26 LC 56 0708S (2) Bears a reasonable resemblance to any existing candy, snack, or other food product199 that is widely distributed and familiar to the public;200 (3) Infringes on any trade dress, trademarks, branding, or oth er related materials as201 described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States202 Code; or203 (4) Suggests that such product constitutes or contains low THC oil, as such term is204 defined in Code Section 16-12-190, or otherwise constitutes or contains medical205 marijuana or medical cannabis.206 (c)(1) As used in this subsection, the term:207 (A) 'Food product' means any product intended to be consumed by humans for physical208 subsistence; provided, however, that such term shall not include gummies, consumable209 base oils, or products that constitute drinks or beverages.210 (B) 'Gummy' means a gelatinous substance in the form of a cube, sphere, prismatoid,211 ovoid, or other shape that is designed for human ingestion.212 (2) No consumable hemp product shall be sold or otherwise dist ributed in this state if213 such product constitutes or is a component of:214 (A) A food product; or215 (B) A drink or beverage that contains alcohol or constitutes a n alcoholic beverage216 under Title 3.217 (3) Nothing in this subsection is intended to prohibit the sale or distribution of hemp that218 is contained within gummies or consumable base oils, provided t hat such gummies or219 consumable base oils are not a component of a food product.220 (d)(1) Except as otherwise provided in paragraphs (2), (3), and (4) of this subsection, no221 consumable hemp product shall be sold or otherwise distributed in this state if such222 product has more than:223 (A) Ten milligrams of intoxicating cannabinoids per serving; or224 (B) One-hundred fifty milligrams of intoxicating cannabinoids per container.225 - 9 - 26 LC 56 0708S (2) No consumable hemp product that constitutes a drink or bev erage shall be sold or226 otherwise distributed in this state if such product:227 (A) Has more than five milligrams of intoxicating cannabinoids per 12 fluid ounces of228 liquid, or the proportionate equivalent thereof; or229 (B) Is packaged in a container that exceeds 12 fluid ounces of liquid.230 (3) No consumable hemp product that is intended for topical application shall be sold or231 otherwise distributed in this state if such product is packaged in a container that has more232 than 1,000 milligrams of intoxicating cannabinoids.233 (4) No consumable hemp product that constitutes a tincture sha ll be sold or otherwise234 distributed in this state if such product:235 (A) Has more than one milligram of intoxicating cannabinoids p er one milliliter of236 liquid, or the proportionate equivalent thereof; or237 (B) Is packaged in a container that exceeds 60 milliliters of liquid."238 SECTION 4.239 All laws and parts of laws in conflict with this Act are repealed.240 - 10 -