HB342: HB342 Crimes and offenses; access to medical cannabis; repeal certain advertising restrictions on licensees

25 LC 55 0582S The House Committee on Regulated Industries offers the following substitute to HB 342: A BILL TO BE ENTITLED AN ACT To amend Article 9 of Chapter 12 of Title 16 of the Official Co de of Georgia Annotated,1 relating to access to medical cannabis, so as to repeal certain advertising restrictions on2 licensees; to provide for rules and regulations; to provide for related matters; to repeal3 conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Article 9 of Chapter 12 of Title 16 of the Official Code of Geo rgia Annotated, relating to7 access to medical cannabis, is amended by revising Code Section 16-12-215, relating to8 limitation on locations, advertising or marketing prohibited, a nd information available to9 physicians, as follows:10 "16-12-215.11 (a) No licensee shall operate in any location, whether for cul tivation, harvesting, and12 processing of marijuana or for processing, manufacturing, packaging, or distributing low13 THC oil or products, within a 3,000 foot radius of a covered en tity, measured from14 property boundary to property boundary. No dispensing licensee may operate in any15 location within a 1,000 foot radius of a covered entity, measured from property boundary16 H. B. 342 (SUB) - 1 - 25 LC 55 0582S to property boundary. Notwithstanding the provisions of this s ubsection, local17 governments may, via use of existing zoning powers otherwise pr ovided by law, allow18 dispensing licensees only to locate in places other than those provided in this subsection19 so long as such modification is needed to allow retail outlets to be established to service20 registered patients residing within such local jurisdiction. As used in this subsection, the21 term 'covered entity' means a public or private school; an early care and education program22 as defined in Code Section 20-1A-2; or a church, synagogue, or other place of public23 religious worship, in existence prior to the date of licensure of such licensee by the24 commission or State Board of Pharmacy.25 (b)(1) Licensees No licensee shall be permitted to advertise or market low THC oil or26 products to registered patients or and the public; provided, however, that a licensee shall27 be authorized to provide information regarding its low THC oil and products directly to28 physicians in accordance with the rules and regulations promulgated by the commission29 pursuant to paragraph (2) of this subsection.30 (2) The commission shall promulgate rules and regulations governing the advertising or31 marketing of low THC oil or products by licensees to ensure tha t such marketing or32 advertising:33 (A) Does not include medical claims that are unsupported by re liable scientific34 evidence; and35 (B) Is not otherwise harmful to the public."36 SECTION 2.37 All laws and parts of laws in conflict with this Act are repealed.38 H. B. 342 (SUB) - 2 -