HB227: HB227 Putting Georgia's Patients First Act; enact

25 LC 55 0517S House Bill 227 (COMMITTEE SUBSTITUTE) By: Representatives Dickey of the 134th, Reeves of the 99th, Prince of the 132nd, Hagan of the 156th, Rhodes of the 124th, and others A BILL TO BE ENTITLED AN ACT To amend various provisions of the Official Code of Georgia Annotated so as to rename low1 THC oil as medical cannabis; to amend Chapter 12 of Title 16, A rticle 2 of Chapter 13 of2 Title 16, and Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated,3 relating to offenses against the public health and morals, regulation of controlled substances,4 and general provisions relative to the Department of Public Hea lth, respectively, so as to5 clarify and revise criminal penalties; to clarify and revise exemptions to criminal penalties;6 to revise the duties of the Georgia Access to Medical Cannabis Commission; to provide for7 the provision of certain information by licensees; to provide limitations on the provision of8 such information; to exclude the lawful possession and control of medical cannabis from the9 provisions of the Georgia Controlled Substances Act; to revise the existing diagnosed10 conditions for which a medical cannabis registration card can b e issued; to provide for11 conforming changes; to provide definitions; to provide a short title; to provide for related12 matters; to repeal conflicting laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 H. B. 227 (SUB) - 1 - 25 LC 55 0517S PART I15 SECTION 1-1.16 This Act shall be known and may be cited as the 'Putting Georgia's Patients First Act."17 PART II18 SECTION 2-1.19 Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by20 replacing "low THC oil" and "Low THC oil" with "medical cannabi s" and "Medical21 cannabis", respectively, wherever such terms occur in:22 (1) Code Section 2-11-36, relating to seeds used in production of low THC oil;23 (2) Code Section 2-23-9.2, relating to consumable hemp product s, packaging,24 advertising, and distribution; and25 (3) Code Section 2-23-9.3, relating to location of retail esta blishments selling or26 distributing consumable hemp products.27 SECTION 2-2.28 Article 9 of Chapter 12 of Title 16 of the Official Code of Geo rgia Annotated, relating to29 access to medical cannabis, is amended by replacing "low THC oil" and "Low THC oil" with30 "medical cannabis" and "Medical cannabis", respectively, and by replacing "Low THC Oil31 Patient Registry" with "Medical Cannabis Patient Registry", wherever such terms occur in:32 (1) Code Section 16-12-201, relating to prohibition against pr oducing, growing,33 manufacturing, or dispensing low THC oil or products;34 (2) Code Section 16-12-203, relating to powers, duties, and re sponsibilities of the35 Georgia Access to Medical Cannabis Commission;36 H. B. 227 (SUB) - 2 - 25 LC 55 0517S (3) Code Section 16-12-204, relating to nontransferable designated university licenses37 to produce low THC oil and products, research and reporting of collected information,38 and license revocation;39 (4) Code Section 16-12-206, relating to annual, nontransferabl e dispensing license,40 adoption of rules, and fees;41 (5) Code Section 16-12-210, relating to powers, duties, and re sponsibilities of the42 Georgia Access to Medical Cannabis Commission, no undue burden on patients, and43 remission of fees;44 (6) Code Section 16-12-211, relating to class 1 production lic enses, application fees,45 revocation, and limitation on ownership;46 (7) Code Section 16-12-212, relating to class 2 production lic enses, application fee,47 revocation, and limitation on ownership;48 (8) Code Section 16-12-213, relating to tracking system requirements;49 (9) Code Section 16-12-216, relating to Bureau of Investigatio n, Access to Medical50 Cannabis Commission, and Composite Medical Board to jointly establish procedures to51 ensure compliance;52 (10) Code Section 16-12-217, relating to on-demand access to f acilities, provision of53 samples, testing, and secured transportation;54 (11) Code Section 16-12-224, relating to limitation on ownership by member or former55 member of the Georgia Access to Medical Cannabis Commission, li mitation on56 physician's involvement, and identification when contributing to political campaigns;57 (12) Code Section 16-12-225, relating to criminal offenses and penalties;58 (13) Code Section 16-12-226, relating to sales and use taxes applicable;59 (14) Code Section 16-12-230, relating to requirements for dispensing low THC oil and60 products;61 (15) Code Section 16-12-231, relating to exemptions from arres t, prosecutions, or62 penalty;63 H. B. 227 (SUB) - 3 - 25 LC 55 0517S (16) Code Section 16-12-233, relating to contracts not against public policy;64 (17) Code Section 16-12-234, relating to unlawful ways to inge s t l o w T H C o i l o r65 products;66 (18) Code Section 16-12-235, relating to research in compliance with federal regulations;67 and68 (19) Code Section 16-12-235.1, relating to possession of low THC oil and products by69 colleges and universities for research purposes, permitting requirements, and inspection.70 SECTION 2-3.71 Article 1 of Chapter 2A of Title 31 of the Official Code of Geo rgia Annotated, relating to72 general provisions relative to the Department of Public Health, is amended in Code73 Section 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver74 forms, and annual review and recommendations, by replacing "low THC oil" and "Low THC75 oil" with "medical cannabis" and "Medical cannabis", respectively, and by replacing "Low76 THC Oil Patient Registry" with "Medical Cannabis Patient Registry" wherever such terms77 occur.78 SECTION 2-4.79 Chapter 1 of Title 51 of the Official Code of Georgia Annotated , relating to general80 provisions relative to torts, is amended in Code Section 51-1-2 9.6, relating to liability of81 healthcare institutions and providers regarding low THC oil, by replacing "low THC oil" and 82 "Low THC oil" with "medical cannabis" and "Medical cannabis", respectively.83 H. B. 227 (SUB) - 4 - 25 LC 55 0517S PART III84 SECTION 3-1.85 Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against86 public health and morals, is amended by revising Article 8, relating to regulation of low THC87 oil, as follows:88 "ARTICLE 889 16-12-190.90 As used in this article, the term:91 (1) 'Medical cannabis' 'low THC oil' means an oil that contains an amount of cannabidiol92 and not more than 5 percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic93 acid, or a combination of tetrahydrocannabinol and tetrahydroca nnabinolic acid which94 does not contain plant material exhibiting the external morphological features of the plant95 of the genus Cannabis. Such term shall not mean include:96 (A) Goods products approved by the federal Food and Drug Administration under97 Section 505 of the federal Food, Drug, and Cosmetic Act; or98 (B) Hemp or hemp products, as such terms are defined in Code Section 2-23-3.99 (2) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.100 16-12-191.101 (a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any102 person to possess, purchase, or have under his or her control 2 0 fluid ounces or less of103 low THC oil medical cannabis or a product or products containing an equivalent amount104 of medical cannabis if such substance medical cannabis or product or products is in a105 H. B. 227 (SUB) - 5 - 25 LC 55 0517S pharmaceutical container labeled by the manufacturer indicating the percentage of106 tetrahydrocannabinol therein and:107 (A) Such person is registered with the Department of Public Health as set forth in Code108 Section 31-2A-18 and has in his or her possession a registratio n card issued by the109 Department of Public Health; or110 (B) Such person has in his or her possession a registration card issued by another state111 that allows the same possession of low THC oil medical cannabis as provided by this112 state's law; provided, however, that such registration card shall not be lawful authority113 when such person has been present in this state for 45 days or more.114 (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses,115 purchases, or has under his or her control 20 fluid ounces or less of low THC oil medical116 cannabis or a product or products containing an equivalent amount of medical cannabis117 without complying with paragraph (1) of this subsection shall b e punished as for a118 misdemeanor.119 (b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any120 person to possess, purchase, or have under his or her control 2 0 fluid ounces or less of121 low THC oil medical cannabis or a product or products containing an equivalent amount122 of medical cannabis if:123 (A) Such person is involved in a clinical research program bei ng conducted by the124 Board of Regents of the University System of Georgia or any authorized clinical trial125 or research study in this state or their its authorized agent as:126 (i) A program participant;127 (ii) A parent, guardian, or legal custodian of a program participant;128 (iii) An employee of the board of regents designated to partic ipate in the research129 program;130 (iv) A program agent;131 (v) A program collaborator and their its designated employees;132 H. B. 227 (SUB) - 6 - 25 LC 55 0517S (vi) A program supplier and their its designated employees;133 (vii) A program physician;134 (viii) A program clinical researcher;135 (ix) Program pharmacy personnel; or136 (x) Other program medical personnel; and137 (B) Such substance medical cannabis or product or products is in a pharmaceutical138 container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol139 therein.140 (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses,141 purchases, or has under his or her control 20 fluid ounces or less of low THC oil medical142 cannabis or a product or products containing an equivalent amount of medical cannabis143 without complying with subparagraphs (A), (B), and (C) of paragraph (1) of this144 subsection shall be punished as for a misdemeanor.145 (c) Notwithstanding any provision of Chapter 13 of this title, any person having possession146 of, purchasing, or having under his or her control more than 20 fluid ounces of low THC147 oil but less than 160 fluid ounces of low THC oil medical cannabis or a product or products148 containing an equivalent amount of medical cannabis or who manufactures, distributes,149 dispenses, sells, purchases, or possesses with the intent to distribute low THC oil medical150 cannabis shall be guilty of a felony and, upon conviction thereof, shal l be punished by151 imprisonment for not less than one year nor more than ten years , a fine not to152 exceed $50,000.00, or both.153 (d) Notwithstanding any provision of Chapter 13 of this title, any person who sells,154 manufactures, delivers, brings into this state, purchases, or has possession of 160 or more155 fluid ounces of low THC oil medical cannabis or a product or products containing an156 equivalent amount of medical cannabis shall be guilty of the felony offense of trafficking157 i n l o w T H C o i l medical cannabis and, upon conviction thereof, shall be punished as158 follows:159 H. B. 227 (SUB) - 7 - 25 LC 55 0517S (1) If the quantity of low THC oil medical cannabis is at least 160 fluid ounces but less160 than 31,000 fluid ounces, or the product or products contain an equivalent amount of161 medical cannabis, by imprisonment for not less than five years nor more than ten years162 and a fine not to exceed $100,000.00;163 (2) If the quantity of low THC oil medical cannabis is at least 31,000 fluid ounces but164 less than 154,000 fluid ounces, or the product or products contain an equivalent amount165 of medical cannabis, by imprisonment for not less than seven years nor more than 15166 years and a fine not to exceed $250,000.00; and167 (3) If the quantity of low THC oil medical cannabis is 154,000 or more fluid ounces, or168 the product or products contain an equivalent amount of medical cannabis, b y169 imprisonment for not less than ten years nor more than 20 years and a fine not to170 exceed $1 million.171 (e) Subsections (c) and (d) of this Code section shall not apply to a person involved in a172 research program being conducted by the Board of Regents of the University System of173 Georgia or its authorized agent as an employee of the board of regents designated to174 participate in such program, a program agent, a program collabo rator and their i t s175 designated employees, a program supplier and their its designated employees, a physician,176 clinical researcher, pharmacy personnel, or other medical personnel.177 (f) Subsections (c) and (d) of this Code section shall not apply to a designated university,178 pharmacy, or licensee under Article 9 of Chapter 12 of Title 16 , provided that such179 possession, purchase, control, sale, manufacturing, distributio n, or dispensing is solely180 conducted in accordance with the provisions of Article 9 of Chapter 12 of Title 16.181 (g) Nothing in this article shall require an employer to permi t or accommodate the use,182 consumption, possession, transfer, display, transportation, pur chase, sale, or growing of183 marijuana in any form, or to affect the ability of an employer to have a written zero184 tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any185 H. B. 227 (SUB) - 8 - 25 LC 55 0517S employee from having a detectable amount of marijuana in such employee's system while186 at work."187 SECTION 3-2.188 Said chapter is further amended by revising Code Section 16-12-200, relating to definitions189 relative to access to medical cannabis, as follows:190 "16-12-200.191 As used in this article, the term:192 (1) 'Applicant' means a corporate entity applying for a license pursuant to this article.193 (2) 'Available capital' means corporate assets that are availa ble to fund business194 operations in the event a license is awarded pursuant to Part 2 of this article.195 (3) 'Class 1 production license' means a license to produce an d manufacture low THC196 oil medical cannabis and products issued pursuant to Code Section 16-12-211.197 (4) 'Class 2 production license' means a license to produce an d manufacture low THC198 oil medical cannabis and products issued pursuant to Code Section 16-12-212.199 (5) 'Commission' means the Georgia Access to Medical Cannabis Commission created200 pursuant to Code Section 16-12-202.201 (6) 'Designated universities' means the University of Georgia and Fort Valley State202 University.203 (7) 'Designated university license' means a license issued by the commission pursuant204 to this article to a designated university to, separately or jointly, produce, manufacture,205 and purchase low THC oil medical cannabis and products in accordance with this article.206 (8) 'Dispense' means the sale or provision of low THC oil medical cannabis and products207 to registered patients by a dispensing licensee.208 (9) 'Dispensing license' means a specialty license issued by the State Board of Pharmacy209 or the commission pursuant to Code Section 16-12-206 to dispense low THC oil medical210 cannabis and products to registered patients.211 H. B. 227 (SUB) - 9 - 25 LC 55 0517S (10) 'Grow' means cultivating and harvesting cannabis for use in producing low THC oil212 medical cannabis and products.213 (11) 'Licensee' means any business, or owner of such business, with a valid license214 issued pursuant to this article.215 (12) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12-190.216 (13) 'Manufacture' means to process cannabis to produce low THC oil medical cannabis217 and products.218 (13) 'Medical cannabis' shall have the same meaning as set for th in Code219 Section 16-12-190.220 (14) 'Owner' means any person who directly or indirectly owns, actually or beneficially,221 or controls 5 percent or greater of interests of the applicant or any licensee. In the event222 that one person owns a beneficial right to interests and another person holds the voting223 rights with respect to such interests, then both shall be consi dered an owner of such224 interests.225 (15) 'Product' means low THC oil medical cannabis delivered through an oil, tincture,226 transdermal patch, lotion, or capsule, except as prohibited by Code Section 16-12-234,227 but not including hemp products, as such term is defined in Code Section 2-23-3, or any228 food products infused with low THC oil medical cannabis, including, but not limited to,229 cookies, candies, or edibles.230 (16) 'Registered patient' means an individual who is legally authorized to possess and use231 low THC oil medical cannabis and products pursuant to Code Section 31-2A-18.232 (17) 'Tracking system' means a seed-to-sale tracking system to track marijuana that is233 grown, processed, manufactured, transferred, stored, or dispose d of and low THC oil234 medical cannabis and products that are transferred, stored, sold, dispensed, or disposed235 of pursuant to this article."236 H. B. 227 (SUB) - 10 - 25 LC 55 0517S SECTION 3-3.237 Said chapter is further amended in Code Section 16-12-203, relating to the powers, duties,238 and responsibilities of the Georgia Access to Medical Cannabis Commission, by adding a239 new paragraph to read as follows:240 "(10.1) To engage in public awareness activities concerning the medical cannabis241 program in this state and effective uses of medical cannabis and products, including, but242 not limited to, publishing materials and conducting outreach an d public education243 activities to inform members of the public, law enforcement, an d healthcare providers244 about the medical cannabis program in this state and the potential benefits that medical245 cannabis and products may have to eligible patients;"246 SECTION 3-4.247 Said chapter is further amended by revising Code Section 16-12-215, relating to limitations248 on locations, advertising or marketing prohibited, and information available to physicians,249 as follows:250 "16-12-215.251 (a) No licensee shall operate in any location, whether for cul tivation, harvesting, and252 processing of marijuana or for processing, manufacturing, packaging, or distributing low253 THC oil medical cannabis or products, within a 3,000 foot radius of a covered entity,254 measured from property boundary to property boundary. No dispe nsing licensee may255 operate in any location within a 1,000 foot radius of a covered entity, measured from256 property boundary to property boundary. Notwithstanding the pr ovisions of this257 subsection, local governments may, via use of existing zoning powers otherwise provided258 by law, allow dispensing licensees only to locate in places other than those provided in this259 subsection so long as such modification is needed to allow retail outlets to be established260 to service registered patients residing within such local juris diction. As used in this261 subsection, the term 'covered entity' means a public or private school; an early care and262 H. B. 227 (SUB) - 11 - 25 LC 55 0517S education program as defined in Code Section 20-1A-2; or a church, synagogue, or other263 place of public religious worship, in existence prior to the date of licensure of such licensee264 by the commission or State Board of Pharmacy.265 (b)(1) No licensee shall advertise or market low THC oil medical cannabis or products266 to registered patients or the public; provided, however, that a licensee shall be authorized267 to provide information regarding its low THC oil medical cannabis and products directly268 to physicians, registered patients, and caregivers; provided, further, that such information269 shall be subject to and meet the requirements set forth in the rules and regulations270 promulgated by the commission pursuant to paragraph (2) of this subsection.271 (2) The commission shall promulgate rules and regulations gove rning information272 provided by licensees under paragraph (1) of this subsection to ensure that such273 information:274 (A) Does not include medical claims that are unsupported by re liable scientific275 evidence;276 (B) Does not make any false or misleading claim;277 (C) Is not attractive to children or otherwise directly or indirectly targeted to children;278 and279 (D) Is not otherwise unfair and deceptive or harmful to the public."280 SECTION 3-5.281 Article 2 of Chapter 13 of Title 16 of the Official Code of Geo rgia Annotated, relating to282 regulation of controlled substances, is amended in Code Section 16-13-21, relating to283 definitions, by revising paragraph (16) as follows:284 "(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or285 not, the seeds thereof, the resin extracted from any part of su ch plant, and every286 compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds,287 or resin, but shall not include samples as described in subparagraph (P) of paragraph (3)288 H. B. 227 (SUB) - 12 - 25 LC 55 0517S of Code Section 16-13-25; shall not include the completely defo liated mature stalks of289 such plant, fiber produced from such stalks, oil, or cake, or t he completely sterilized290 samples of seeds of the plant which are incapable of germination; and shall not include291 hemp or hemp products, as such terms are defined in Code Section 2-23-3, or medical292 cannabis or products, as such terms are defined in Code Section s 16-12-190 and293 16-12-200, respectively, when in the possession or control of a person authorized to294 possess and control such medical cannabis or products under the provisions of Article 8295 or Article 9 of Chapter 12 of this title. Such term shall not include products approved by296 the federal Food and Drug Administration under Section 505 of the federal Food, Drug,297 and Cosmetic Act."298 SECTION 3-6.299 Said article is further amended in Code Section 16-13-25, relating to Schedule I, by revising300 subparagraph (P) of paragraph (3) as follows:301 "(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a co mbination of302 tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant303 material exhibiting the external morphological features of the plant of the genus304 Cannabis, but not including such substance when found in hemp or hemp products, as305 such terms are defined in Code Section 2-23-3, or in medical cannabis or products, as306 such terms are defined in Code Sections 16-12-190 and 16-12-200, respectively, when307 in the possession or control of a person authorized to possess or control such medical308 cannabis or products under the provisions of Article 8 or Article 9 of Chapter 12 of this309 title. Tetrahydrocannabinols do not include products approved by the federal Food and310 Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act;"311 SECTION 3-7.312 H. B. 227 (SUB) - 13 - 25 LC 55 0517S Article 1 of Chapter 2A of Title 31 of the Official Code of Geo rgia Annotated, relating to313 general provisions relative to the Department of Public Health, is amended in Code314 Section 31-2A-18, relating to Low THC Oil Patient Registry, reg istration cards, reports,315 waiver forms, and annual review and recommendations, by revisin g paragraph (3) of316 subsection (a) as follows:317 "(3) 'Condition' means:318 (A) Cancer, when such disease is diagnosed as end stage or the treatment produces319 related wasting illness or recalcitrant nausea and vomiting;320 (B) Amyotrophic lateral sclerosis, when such disease is diagno sed as severe or end321 stage;322 (C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;323 (D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;324 (E) Crohn's disease;325 (F) Mitochondrial disease;326 (G) Parkinson's disease, when such disease is diagnosed as severe or end stage;327 (H) Sickle cell disease, when such disease is diagnosed as severe or end stage;328 (I) Tourette's syndrome, when such syndrome is diagnosed as severe;329 (J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at330 least 18 years of age, or severe autism, when diagnosed for a patient who is less than331 18 years of age;332 (K) Epidermolysis bullosa;333 (L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;334 (M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as335 severe or end stage;336 (N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;337 (O) Post-traumatic stress disorder; resulting from direct exposure to or the witnessing338 of a trauma for a patient who is at least 18 years of age; or339 H. B. 227 (SUB) - 14 - 25 LC 55 0517S (P) Intractable pain; or340 (Q) Lupus."341 PART IV342 SECTION 4-1.343 All laws and parts of laws in conflict with this Act are repealed.344 H. B. 227 (SUB) - 15 -