HB265: HB265 Georgia Hemp Farming Act; provide limits on the total concentration of THC and other intoxicating cannabinoids in consumable hemp products

Georgia's Hemp Farming Act (O.C.G.A. Chapter 23 of Title 2) currently regulates hemp products mainly by their delta-9-THC concentration. This bill adds a new, broader category called "THC and other intoxicating cannabinoids," which covers THC variants, CBN, HHC, and their chemical relatives, and it bans selling any consumable hemp product whose total concentration of these substances exceeds 0.3 percent. The bill also updates the required lab testing (the full panel certificate of analysis) so it must attest to the presence of THC and other intoxicating cannabinoids, not just delta-9-THC, and removes hexahydrocannabinol (HHC) as its own separate testing category while folding it into the new broader definition. It adds a specific limit for gummies: no more than 5 milligrams of THC and other intoxicating cannabinoids per serving, and no more than 150 milligrams per container. Selling a product that violates the new 0.3 percent cap or lacks required labeling remains a misdemeanor.

• Creates a new legal category, "THC and other intoxicating cannabinoids," covering THC variants, CBN, HHC, and their chemical relatives, and bans consumable hemp products that exceed a 0.3 percent total concentration of these substances.
• Requires the lab testing report (full panel certificate of analysis) for consumable hemp products to test for and disclose levels of THC and other intoxicating cannabinoids, not just delta-9-THC.
• Adds a state inspection trigger: products found to exceed the new 0.3 percent cap for THC and other intoxicating cannabinoids must be destroyed along with related products.
• Sets a new limit for hemp gummies of no more than 5 milligrams of THC and other intoxicating cannabinoids per serving and 150 milligrams per multi-serving container.
• Keeps selling a product that violates these concentration or labeling rules a misdemeanor criminal offense.

Hemp growers, processors, and manufacturers licensed under Georgia's Hemp Farming Act, retail and wholesale sellers of consumable hemp products such as gummies and beverages, laboratories that test hemp products, the state Department of Agriculture, and Georgia consumers who buy hemp-derived THC products.

Many consumable hemp products, including gummies and drinks containing cannabinoids like HHC or THCP, could become illegal to sell in Georgia if they exceed the new combined THC limit, and sellers would face updated lab testing, labeling, and dosage rules or risk misdemeanor charges and product seizure.

• Section 1 rewrites the definitions section (O.C.G.A. § 2-23-3) to add "total concentration of THC and other intoxicating cannabinoids," defined broadly to include THC variants, CBN, and HHC and their chemical relatives.
• Section 2 revises O.C.G.A. § 2-23-9.1 to prohibit selling any consumable hemp product with a total concentration of THC and other intoxicating cannabinoids above 0.3 percent, measured on a dry weight basis where applicable.
• Section 2 updates the required full panel certificate of analysis to test for THC and other intoxicating cannabinoids rather than just delta-9-THC, and removes HHC as a stand-alone listed compound.
• Section 2 keeps violations of the concentration, labeling, or testing rules as misdemeanor offenses.
• Section 3 revises O.C.G.A. § 2-23-9.2 to cap THC and other intoxicating cannabinoids in gummies at 5 milligrams per serving and 150 milligrams per container.
• Section 4 repeals any conflicting laws.

1. 2025-02-06House Second Readers (House)
2. 2025-02-05House First Readers (House)
3. 2025-02-04House Hopper (House)

• Steven Sainz (R, HD-180)Primary sponsor
• Sharon Cooper (R, HD-045)
• Ron Stephens (R, HD-164)
• Rick Townsend (R, HD-179)

• hemp regulation
• THC limits
• cannabinoid products
• consumer safety
• cannabis law