SB220: SB220 "Putting Georgia's Patients First Act"; enact

26 SB 220/AP Senate Bill 220 By: Senators Brass of the 6th, Summers of the 13th, Hatchett of the 50th, Strickland of the 42nd, Jackson of the 41st and others AS PASSED 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 relating to medical canna bis; to clarify and revise6 exemptions to criminal penalties; to revise the duties of the G eorgia Access to Medical7 Cannabis Commission; to provide for the provision of certain information by licensees; to8 provide limitations on the provision of such information; to revise the prohibition on certain9 manners of ingesting medical cannabis; to exclude the lawful po ssession and control of10 medical cannabis from the provisions of the "Georgia Controlled Substances Act;" to revise11 the list of diagnosed conditions for which a medical cannabis registration card can be issued;12 to revise provisions related to registration card renewal; to provide for conforming changes;13 to provide for definitions; to provide a short title; to provid e for related matters; to repeal14 conflicting laws; and for other purposes.15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 S. B. 220 - 1 - 26 SB 220/AP PART I17 SECTION 1-1.18 This Act shall be known and may be cited as the "Putting Georgia's Patients First Act."19 PART II20 SECTION 2-1.21 Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by22 replacing "low THC oil" and "Low THC oil" with "medical cannabi s" and "Medical23 cannabis", respectively, wherever such terms occur in:24 (1) Code Section 2-11-36, relating to seeds used in production of low THC oil;25 (2) Code Section 2-23-9.2, relating to consumable hemp products, packaging, advertising,26 and distribution; and27 (3) Code Section 2-23-9.3, relating to location of retail esta blishments selling or28 distributing consumable hemp products.29 SECTION 2-2.30 Article 9 of Chapter 12 of Title 16 of the Official Code of Geo rgia Annotated, relating to31 access to medical cannabis, is amended by replacing "low THC oil" and "Low THC oil" with32 "medical cannabis" and "Medical cannabis", respectively, and by replacing "Low THC Oil33 Patient Registry" with "Medical Cannabis Patient Registry" wherever such terms occur in:34 (1) Code Section 16-12-201, relating to prohibition against pr oducing, growing,35 manufacturing, or dispensing low THC oil or products;36 (2) Code Section 16-12-204, relating to nontransferable designated university licenses to37 produce low THC oil and products, research and reporting of col lected information, and38 license revocation;39 S. B. 220 - 2 - 26 SB 220/AP (3) Code Section 16-12-206, relating to annual, nontransferabl e dispensing license,40 adoption of rules, and fees;41 (4) Code Section 16-12-210, relating to powers, duties, and responsibilities of the Georgia42 Access to Medical Cannabis Commission, no undue burden on patients, and remission of43 fees;44 (5) Code Section 16-12-211, relating to class 1 production lic enses, application fee,45 revocation, and limitation on ownership;46 (6) Code Section 16-12-212, relating to class 2 production lic enses, application fees,47 revocation, and limitation on ownership;48 (7) Code Section 16-12-213, relating to tracking system requirements;49 (8) Code Section 16-12-216, relating to Bureau of Investigatio n, Access to Medical50 Cannabis Commission, and Composite Medical Board to jointly est ablish procedures to51 ensure compliance;52 (9) Code Section 16-12-217, relating to on-demand access to fa cilities, provision of53 samples, testing, and secured transportation;54 (10) Code Section 16-12-224, relating to limitation on ownersh ip by member or former55 member of the Georgia Access to Medical Cannabis Commission, limitation on physician's56 involvement, and identification when contributing to political campaigns;57 (11) Code Section 16-12-226, relating to sales and use taxes applicable;58 (12) Code Section 16-12-233, relating to contracts not against public policy;59 (13) Code Section 16-12-235, relating to research in compliance with federal regulations;60 and61 (14) Code Section 16-12-235.1, relating to possession of low T HC oil and products by62 colleges and universities for research purposes, permitting requirements, and inspection.63 S. B. 220 - 3 - 26 SB 220/AP SECTION 2-3.64 Chapter 1 of Title 51 of the Official Code of Georgia Annotated , relating to general65 provisions relative to torts, is amended in Code Section 51-1-2 9.6, relating to liability of66 health care institutions and providers regarding low THC oil, by replacing "low THC oil" and67 "Low THC oil" with "medical cannabis" and "Medical cannabis", respectively.68 PART III69 SECTION 3-1.70 Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against71 the public health and morals, is amended by revising Article 8, relating to regulation of low72 THC oil, as follows:73 "ARTICLE 874 16-12-190.75 As used in this article, the term:76 (1) 'Medical cannabis' means any plant within the genus Cannabis and any part of such77 plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of78 isomers, whether growing or not, 'low THC oil' means an oil that contains an amount of79 cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol,80 tetrahydrocannabinolic acid, or a combination of tetrahydrocann abinol and81 tetrahydrocannabinolic acid which does not contain plant material exhibiting the external82 morphological features of the plant of the genus Cannabis . Such term shall not mean83 include:84 (A) Drug products approved by the federal Food and Drug Administration under85 Section 505 of the federal Food, Drug, and Cosmetic Act; or86 S. B. 220 - 4 - 26 SB 220/AP (B) Hemp or hemp products, as defined in Code Section 2-23-3.87 (2) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.88 (3) 'Registered patient' shall have the same meaning as set fo rth in Code89 Section 16-12-200.90 16-12-191.91 (a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any92 person to possess, purchase, or have under his or her control 2 0 fluid ounces or less of93 low THC oil a product or products containing a cumulative total of 12,000 milligrams or94 less of tetrahydrocannabinol if such substance is product or products are in a95 pharmaceutical container labeled by the manufacturer indicating the percentage amount96 of milligrams of tetrahydrocannabinol therein and:97 (A) Such person is a registered patient with the Department of Public Health as set98 forth in Code Section 31-2A-18 and has in his or her possession a physical or electronic99 registration card issued by the Department of Public Health pursuant to Code Section100 31-2A-18; or101 (B) Such person has in his or her possession a registration card issued to such person102 by another state that allows the same possession of low THC oil medical cannabis as103 provided by this state's law; provided, however, that such registration card shall not be104 lawful authority when such person has been present in this state for 45 days or more.105 (2) Notwithstanding any provision of Chapter 13 of this title, any person registered106 patient who possesses, purchases, or has under his or her control 20 fluid ounces or less107 of low THC oil a product or products containing a cumulative total of 12,000 milligrams108 or less of tetrahydrocannabinol without complying with paragraph (1) of this subsection109 shall be punished as for a misdemeanor.110 (b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any111 person to possess, purchase, or have under his or her control 2 0 fluid ounces or less of112 S. B. 220 - 5 - 26 SB 220/AP low THC oil a product or products containing a cumulative total of 12,000 milligrams or113 less of tetrahydrocannabinol if:114 (A) Such person is involved in a clinical research program bei ng conducted by the115 Board of Regents of the University System of Georgia or any authorized clinical trial116 or research study in this state or their authorized agent as:117 (i) A program participant;118 (ii) A parent, guardian, or legal custodian of a program participant;119 (iii) An employee of the board of regents designated to partic ipate in the research120 program;121 (iv) A program agent;122 (v) A program collaborator and their its designated employees;123 (vi) A program supplier and their its designated employees;124 (vii) A program physician;125 (viii) A program clinical researcher;126 (ix) Program pharmacy personnel; or127 (x) Other program medical personnel; and128 (B) Such substance is product or products are in a pharmaceutical container labeled by129 the manufacturer indicating the percentage amount of tetrahydrocannabinol therein.130 (2) Notwithstanding any provision of Chapter 13 of this title, any such person who131 possesses, purchases, or has under his or her control 20 fluid ounces or less of low THC132 oil a product or products containing a cumulative total of 12,000 milligrams or less of133 tetrahydrocannabinol without complying with subparagraphs (A), (B), and (C) of134 paragraph (1) of this subsection shall be punished as for a misdemeanor.135 (c) Notwithstanding any provision of Chapter 13 of this title, any person Any registered136 patient having possession of, purchasing, or having under his or her control more than 20137 fluid ounces of low THC oil but less than 160 fluid ounces of l o w T H C o i l o r w h o138 manufactures, distributes, dispenses, sells, purchases, or poss esses with the intent to139 S. B. 220 - 6 - 26 SB 220/AP distribute low THC oil shall be guilty of a felony and, upon co nviction thereof, shall be140 punished by imprisonment for not less than one year nor more than ten years, a fine not to141 exceed $50,000.00, or both a product or products containing a cumulative total of more142 than 12,000 milligrams of tetrahydrocannabinol shall be subject to the penalties set forth143 in Chapter 13 of this title.144 (d) Notwithstanding any provision of Chapter 13 of this title, any person who sells,145 manufactures, delivers, brings into this state, purchases, or has possession of 160 or more146 fluid ounces of low THC oil shall be guilty of the felony offense of trafficking in low THC147 oil and, upon conviction thereof, shall be punished as follows:148 (1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid149 ounces, by imprisonment for not less than five years nor more than ten years and a fine150 not to exceed $100,000.00;151 (2) If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,000152 fluid ounces, by imprisonment for not less than seven years nor more than 15 years and153 a fine not to exceed $250,000.00; and154 (3) If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for155 not less than ten years nor more than 20 years and a fine not to exceed $1 million.156 (e)(d) Subsection Subsections (c) and (d) of this Code section shall not apply to a person157 involved in a research program being conducted by the Board of Regents of the University158 System of Georgia or its authorized agent as an employee of the board of regents159 designated to participate in such program, a program agent, a p rogram collaborator and160 their its designated employees, a program supplier and their its designated employees, a161 physician, clinical researcher, pharmacy personnel, or other medical personnel.162 (f) Subsections (c) and (d) of this Code section shall not apply to a designated university,163 pharmacy, or licensee under Article 9 of Chapter 12 of Title 16 , provided that such164 possession, purchase, control, sale, manufacturing, distributio n, or dispensing is solely165 conducted in accordance with the provisions of Article 9 of Chapter 12 of Title 16.166 S. B. 220 - 7 - 26 SB 220/AP (g)(e) Nothing in this article shall require an employer to permit or accommodate the use,167 consumption, possession, transfer, display, transportation, pur chase, sale, or growing of168 marijuana in any form, or to a ffect the ability of an employer to have a written zero169 tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any170 employee from having a detectable amount of marijuana in such employee's system while171 at work."172 SECTION 3-2.173 Said chapter is further amended by revising Code Section 16-12-200, relating to definitions174 relative to access to medical cannabis, as follows:175 "16-12-200.176 As used in this article, the term:177 (1) 'Applicant' means a corporate entity applying for a license pursuant to this article.178 (2) 'Available capital' means corporate assets that are availa ble to fund business179 operations in the event a license is awarded pursuant to Part 2 of this article.180 (3) 'Class 1 production license' means a license to produce an d manufacture low THC181 oil medical cannabis and products issued pursuant to Code Section 16-12-211.182 (4) 'Class 2 production license' means a license to produce an d manufacture low THC183 oil medical cannabis and products issued pursuant to Code Section 16-12-212.184 (5) 'Commission' means the Georgia Access to Medical Cannabis Commission created185 pursuant to Code Section 16-12-202.186 (6) 'Designated universities' means the University of Georgia and Fort Valley State187 University.188 (7) 'Designated university license' means a license issued by the commission pursuant189 to this article to a designated university to, separately or jointly, produce, manufacture,190 and purchase low THC oil medical cannabis and products in accordance with this article.191 S. B. 220 - 8 - 26 SB 220/AP (8) 'Dispense' means the sale or provision of low THC oil medical cannabis and products192 to registered patients by a dispensing licensee.193 (9) 'Dispensing license' means a specialty license issued by the State Board of Pharmacy194 or the commission pursuant to Code Section 16-12-206 to dispense low THC oil medical195 cannabis and products to registered patients.196 (10) 'Grow' means cultivating and harvesting cannabis for use in producing low THC oil197 medical cannabis and products.198 (11) 'Licensee' means any business, or owner of such business, with a valid license199 issued pursuant to this article.200 (12) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12-190.201 (13) 'Manufacture' means to process cannabis to produce low THC oil medical cannabis202 and products.203 (13) 'Medical cannabis' shall have the same meaning as set for th in Code204 Section 16-12-190.205 (14) 'Owner' means any person who directly or indirectly owns, actually or beneficially,206 or controls 5 percent or greater of interests of the applicant or any licensee. In the event207 that one person owns a beneficial right to interests and another person holds the voting208 rights with respect to such interests, then both shall be consi dered an owner of such209 interests.210 (15) 'Product' means any item that contains medical cannabis, or is derived from or made211 by processing medical cannabis, that is prepared in a form available for commercial sale212 and does not contain more than 1,200 milligrams of tetrahydrocannibinol in an individual213 package. low THC oil delivered through an oil, tincture, transdermal pa tch, lotion, or214 capsule, except as prohibited by Code Section 16-12-234, but no t including Such term215 shall not include:216 (A) Hemp products; or217 S. B. 220 - 9 - 26 SB 220/AP (B) Any any food products infused with low THC oil containing medical cannabis ,218 including, but not limited to, cookies, and candies, or edibles.219 (16) 'Registered patient' means an individual or his or her ca regiver who is legally220 authorized to possess and use low THC oil medical cannabis and products pursuant to221 Code Section 31-2A-18.222 (17) 'Tracking system' means a seed-to-sale tracking system to track marijuana that is223 grown, processed, manufactured, transferred, stored, or dispose d of and low THC oil224 medical cannabis and products that are transferred, stored, sold, dispensed, or disposed225 of pursuant to this article."226 SECTION 3-3.227 Said chapter is further amended by revising Code Section 16-12-203, relating to the powers,228 duties, and responsibilities of the Georgia Access to Medical C annabis Commission, as229 follows:230 "16-12-203.231 The commission shall have the following powers, duties, and responsibilities:232 (1) To apply for, receive, and administer state funds appropri ated to the commission,233 private grants and donations, and other funds and donations. The commission's annual234 distributions shall be capped and limited to funds received from the sources specified in235 this paragraph. The commission shall ensure that its funds are not used as a supplement236 or secondary payor to any other third-party payor;237 (2) To execute a contract or contracts to purchase or obtain l o w T H C o i l medical238 cannabis, cannabis, cannabinoids, or any other derivative, compound, or substantially239 similar products from any available legal source and to provide logistics related thereto240 in accordance with this article. Such contract or contracts may be executed with one or241 more qualified corporations or with one or more governmental entities. Purchases made242 pursuant to this paragraph shall not be subject to state purcha sing laws contained in243 S. B. 220 - 10 - 26 SB 220/AP Article 3 of Chapter 5 of Title 50 or in other provisions of the Official Code of Georgia244 Annotated;245 (3) To utilize funds appropriated to the commission as may be necessary to purchase and246 transport low THC oil medical cannabis and products to the State of Georgia for use by247 registered patients;248 (4) To develop, establish, maintain, and administer a low THC oil medical cannabis and249 products distribution network to obtain and distribute low THC oil medical cannabis and250 products to registered patients in this state and to coordinate the best use of facilities and251 resources to operate such distribution network;252 (5) To establish procedures for inspecting production facilities operated by designated253 universities;254 (6) To establish requirements and procedures to ensure quality control, security, and255 oversight of low THC oil medical cannabis and products production in this state,256 including, but not limited to, testing for purity and dosage le vels and verification that257 product labels accurately reflect product content;258 (7) To provide for oversight of tracking systems;259 (8) To coordinate and assist in the collection of data to eval uate the provision of low260 THC oil medical cannabis and products in this state;261 (9) To study the provision of low THC oil medical cannabis and products in this state to262 determine the best practices and methods of providing such services, to determine what263 changes are needed to improve the provision of low THC oil medical cannabis a n d264 products, and to report any proposed legislative changes to the General Assembly each265 year;266 (10) To coordinate its activities with the Department of Public Health;267 (10.1) To engage in public awareness activities concerning the medical cannabis268 program in this state and effective uses of medical cannabis and products, including, but269 not limited to, publishing materials and conducting outreach an d public education270 S. B. 220 - 11 - 26 SB 220/AP activities to inform members of the public, law enforcement, an d healthcare providers271 about the medical cannabis program in this state and the potential benefits that medical272 cannabis and products may have to eligible patients;273 (11) To employ an executive director and other staff and to es tablish duties and274 responsibilities of such persons;275 (12) To employ and manage consultants, as deemed necessary, in order to fulfill its276 duties and responsibilities under this article;277 (13) To review new treatment and delivery methods for low THC oil medical cannabis278 and products that may result from medical research and are not otherwise inconsistent279 with this article, and recommend statutory changes to the General Assembly to authorize280 such treatment and delivery methods and products;281 (14) To be responsible for the noncriminal enforcement of the provisions of this article282 and to have all of the necessary duties, power, and authority t o carry out such283 responsibility;284 (15) To be authorized to draft, adopt, amend, repeal, and enfo rce such rules and285 regulations as it deems necessary for the administration and enforcement of this article286 in the protection of public health, safety, and welfare;287 (16) To enforce qualifications for licensure; and288 (17) To levy fines for failure by a Class 1 production license e, Class 2 production289 licensee, or dispensing licensee to operate in accordance with rules and regulations290 established by the commission within 14 days of written notice by the commission of291 specific violations. Such fines shall not exceed $25,000.00 for a first offense, $50,000.00292 for a failure to remedy the offense within 60 days after written notice of a first offense,293 and $75,000.00 for subsequent failures to remedy noncompliance within 90 days after294 written notice of a first offense. Following a third written notice of a recurring violation,295 the commission may also order a licensee to cease operations fo r a period of up to 30296 S. B. 220 - 12 - 26 SB 220/AP days to correct the violation. Any such fines or orders to cease operations shall be subject297 to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"298 SECTION 3-4.299 Said chapter is further amended by revising Code Section 16-12-215, relating to limitations300 on locations, advertising or marketing prohibited, and information available to physicians,301 as follows:302 "16-12-215.303 (a) No licensee shall operate in any location, whether for cul tivation, harvesting, and304 processing of marijuana or for processing, manufacturing, packaging, or distributing low305 THC oil medical cannabis or products, within a 3,000 foot radius of a covered entity,306 measured from property boundary to property boundary. No dispe nsing licensee may307 operate in any location within a 1,000 foot radius of a covered entity, measured from308 property boundary to property boundary On and after July 1, 2026, no dispensing license309 s h a l l b e i s s u e d f o r a n y l o c a t i o n i n w h i c h t h e r e t a i l s a l e o f d istilled spirits would be310 prohibited under pa ragraph (1) of subsection (a) of Code Sectio n 3-3-21; provided,311 however, that this shall not apply to a license issued by the S tate Board of Pharmacy . 312 Notwithstanding the provisions of this subsection, local govern ments may, via use of313 existing zoning powers otherwise provided by law, allow dispens ing licensees only to314 locate in places other than those provided in this subsection so long as such modification315 is needed to allow retail outlets to be established to service registered patients residing316 within such local jurisdiction. As used in this subsection, the term 'covered entity' means317 a public or private school; an early care and education program as defined in Code Section318 20-1A-2; or a church, synagogue, or other place of public religious worship, in existence319 prior to the date of licensure of such licensee by the commissi on or State Board of320 Pharmacy.321 S. B. 220 - 13 - 26 SB 220/AP (b)(1) Except as provided in paragraph (2) of this subsection, n o N o licensee shall322 advertise or market low THC oil medical cannabis or products to registered patients or323 the public.324 (2) A; provided, however, that a licensee shall be authorized to provide information:325 (A) Regarding regarding its low THC oil medical cannabis and products directly to326 physicians and healthcare providers; and327 (B) About the legal and safe uses of medical cannabis and prod ucts to registered328 patients.329 (3) Any information provided by a licensee pursuant to paragraph (2) of this subsection330 shall not:331 (A) Include any medical claim, unless such claim is supported by reliable scientific332 evidence;333 (B) Make any false or misleading claim; or334 (C) Be attractive to children or otherwise directly or indirectly targeted to individuals335 under 21 years of age. For purposes of this subparagraph, the term 'attractive to336 children' shall have the same meaning as set forth in Code Section 2-23-3."337 SECTION 3-5.338 Said chapter is further amended by revising Code Section 16-12- 225, relating to criminal339 offenses and penalties, as follows:340 "16-12-225.341 (a) A licensee or licensee's employee who knowingly or willful ly encourages, causes,342 abets, connives, conspires, or aids in the endangerment of patients, trafficking of low THC343 oil medical cannabis, products, or its manufacturing by-products, or criminal distribution344 of raw materials and agricultural inputs, including but not limited to seeds, under this part345 shall be guilty of a felony and, upon conviction thereof, be punished by a fine not to exceed346 $100,000.00, imprisonment for not less than five nor more than ten years, or both.347 S. B. 220 - 14 - 26 SB 220/AP (b) Any person whose acts or omissions of gross, willful, or wanton negligence contribute348 to or cause the endangerment of patients, trafficking of low TH C oil medical cannabis,349 products, or its manufacturing by-products, or criminal distribution of raw materials and350 agricultural inputs, including but not limited to seeds, under this part shall be guilty of a351 misdemeanor of a high and aggravated nature and, upon conviction thereof, be punished352 by a fine of up to $5,000.00, imprisonment for up to 12 months, or both.353 (c) Failure to comply with all other provisions of this part shall be punishable by a fine of354 up to $500.00 for the first offense. All persons convicted of a second or subsequent offense355 shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of up356 to $1,000.00, imprisonment for up to six months, or both, for each violation.357 (d) The provisions of this Code section shall not preclude prosecution and punishment for358 the commission of any offense otherwise provided by law."359 SECTION 3-5A.360 Said chapter is further amended by revising Code Section 16-12- 230, relating to361 requirements for dispensing low THC oil and products, as follows:362 "16-12-230.363 (a) Low THC oil and Medical cannabis or products shall only be dispensed to registered364 patients or caregivers in this state by a dispensing licensee or directly from the commission365 pursuant to this article.366 (b) A pharmacist who dispenses low THC oil medical cannabis or products shall seek and367 review information on a registered patient from the prescription drug monitoring program368 data base established pursuant to Code Section 16-13-57 prior to dispensing low THC oil369 medical cannabis or products to the registered patient."370 S. B. 220 - 15 - 26 SB 220/AP SECTION 3-6.371 Said chapter is further amended by revising Code Section 16-12-231, relating to exemptions372 from arrest, prosecutions, or penalty, as follows:373 "16-12-231.374 The following persons and entities, when acting in accordance with the provisions of this375 article, shall not be subject to arrest, prosecution, or any ci vil or administrative penalty,376 including a civil penalty or disciplinary action by a professio nal licensing board, or be377 denied any right or privilege, for the medical use, prescriptio n, administration,378 manufacture, distribution, or transport of low THC oil medical cannabis or products:379 (1) A registered patient who is in possession of an amount of low THC oil medical380 cannabis or products authorized under Code Section 16-12-191 or such pa tient's381 caregiver, parent, or guardian;382 (2) A physician who certifies a patient to the Department of P ublic Health as being383 diagnosed with a condition or in a hospice program and authorized to use low THC oil384 medical cannabis or products for treatment pursuant to Code Section 31-2A-18;385 (3) A pharmacist or pharmacy that dispenses or provides low THC oil medical cannabis386 or products to a registered patient; or products to a registered patient, or such patient's387 caregiver, parent, or guardian;388 (4) The commission or its employees or contractors associated with the production of389 low THC oil medical cannabis or products in accordance with this article;390 (5) A designated university, an employee of a designated university, or any other person391 associated with the production of low THC oil medical cannabis or products in392 accordance with this article; and393 ( 6 ) A l i c e n s e e o r a n A n employee, contractor, or agent of a licensee with proper394 identification associated with the production, manufacture, distribution, transport, or sale395 of low THC oil medical cannabis or products in accordance with this article."396 S. B. 220 - 16 - 26 SB 220/AP SECTION 3-7.397 Said chapter is further amended by revising Code Section 16-12- 234, relating to unlawful398 ways to ingest low THC oil or products, as follows:399 "16-12-234.400 (a) It shall be unlawful to ingest low THC oil medical cannabis or products:401 (1) Through smoking or combustion of medical cannabis by any individual; provided,402 however, that such prohibition shall not include the vaporizati on of medical cannabis,403 except as otherwise provided in paragraph (2) of this Code section;404 (2) Through vaporization of medical cannabis by any individual 21 years of age or405 younger; or406 (3) In any manner in a ny public place by any individual in a manner that employs a407 heating element, power source, electronic circuit, or other ele ctronic, chemical, or408 mechanical means, regardless of shape or size, that can be used to produce vapor in a409 solution or other form, including but not limited to any electr onic cigarette, electronic410 cigar, electronic cigarillo, electronic pipe, or similar produc t or device and any vapor411 cartridge or other container of low THC oil or product in a solution or other form that is412 intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo,413 electronic pipe, or similar product or device.414 (b) The department shall promulgate rules and regulations to implement the provisions of415 this Code section no later than January 1, 2027."416 SECTION 3-8.417 Article 2 of Chapter 13 of Title 16 of the Official Code of Geo rgia Annotated, relating to418 regulation of controlled substances, is amended in Code Section 16-13-21, relating to419 definitions, by revising paragraph (16) as follows:420 "(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or421 not, the seeds thereof, the resin extracted from any part of su ch plant, and every422 S. B. 220 - 17 - 26 SB 220/AP compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds,423 or resin, but shall not include samples as described in subparagraph (P) of paragraph (3)424 of Code Section 16-13-25; shall not include the completely defo liated mature stalks of425 such plant, fiber produced from such stalks, oil, or cake, or t he completely sterilized426 samples of seeds of the plant which are incapable of germination; and shall not include427 hemp or hemp products, as such terms are defined in Code Section 2-23-3, or medical428 cannabis or products, as such terms are defined in Code Section s 16-12-190 and429 16-12-200, respectively, when in the possession or control of a person authorized to430 possess and control such medical cannabis or products under the provisions of Article 8431 or Article 9 of Chapter 12 of this title . Such term shall not include drug products432 approved by the federal Food and Drug Administration under Section 505 of the federal433 Food, Drug, and Cosmetic Act."434 SECTION 3-9.435 Said article is further amended in Code Section 16-13-25, relating to Schedule I, by revising436 subparagraph (P) of paragraph (3) as follows:437 "(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a co mbination of438 tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant439 material exhibiting the external morphological features of the plant of the genus440 Cannabis, but not including such substance when found in hemp or hemp products, as441 such terms are defined in Code Section 2-23-3, or in medical cannabis or products, as442 such terms are defined in Code Sections 16-12-190 and 16-12-200, respectively, when443 in the possession or control of a person authorized to possess or control such medical444 cannabis or products under the provisions of Article 8 or Article 9 of Chapter 12 of this445 title. Tetrahydrocannabinols do not include drug products approved by the federal Food446 and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic447 Act;"448 S. B. 220 - 18 - 26 SB 220/AP SECTION 3-10.449 Article 1 of Chapter 2A of Title 31 of the Official Code of Geo rgia Annotated, relating to450 general provisions relative to the Department of Public Health, is amended by revising Code451 Section 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver452 forms, and annual review and recommendations, as follows:453 "31-2A-18.454 (a) As used in this Code section, the term:455 (1) 'Board' means the Georgia Composite Medical Board.456 (2) 'Caregiver' means:457 (A) A the parent, guardian, or legal custodian of an individual a patient who is less than458 18 years of age or the legal guardian of an adult;459 (B) An adult who is designated by a patient as being an indivi dual authorized to460 provide assistance, and who is willing to provide such assistan ce, with purchasing,461 possessing, and administering medical cannabis or products for such patient's use; or462 (C) A health care institution as defined in Code Section 51-1-29.6 where a patient is463 receiving health or medical care for a condition and where such institution agrees to464 allow such patient to possess and use medical cannabis or products on such institution's465 premises.466 (3) 'Condition' means any of the following, provided that the patient's symptoms467 associated with any such condition can reasonably be expected to be relieved by the use468 of medical cannabis and the potential benefits of such use to t he patient outweigh the469 potential health risks that such use might pose to the patient:470 (A) Any cancer except skin cancer, unless it is metastatic ski n cancer Cancer, when471 such disease is diagnosed as end stage or the treatment produces related wasting illness472 or recalcitrant nausea and vomiting;473 (B) Amyotrophic lateral sclerosis, when such disease is diagno sed as severe or end474 stage;475 S. B. 220 - 19 - 26 SB 220/AP (C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;476 (D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;477 (E) Crohn's disease Inflammatory bowel disease;478 (F) Mitochondrial disease;479 (G) Parkinson's disease, when such disease is diagnosed as severe or end stage;480 (H) Sickle cell disease, when such disease is diagnosed as severe or end stage;481 (I) Tourette's syndrome, when such syndrome is diagnosed as severe;482 (J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at483 least 18 years of age, or severe autism, when diagnosed for a p atient who is less484 than 18 years of age;485 (K) Epidermolysis bullosa;486 (L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;487 (M) Acquired immune deficiency syndrome Human immunodeficiency virus, when488 such syndrome disease is diagnosed as severe or end stage Stage III;489 (N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;490 (O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing491 of a trauma for a patient who is at least 18 years of age; or492 (P) Intractable pain; or493 (Q) Lupus.494 (4) 'Department' means the Department of Public Health.495 (5) 'Intractable pain' means pain that has a cause that cannot be removed and for which,496 according to generally accepted medical practice, the full rang e of pain management497 modalities appropriate for the patient has been used for a peri od of at least six months498 without adequate results or with intolerable side effects.499 (6) 'Low THC oil Medical cannabis' shall have the same meaning as set forth in Code500 Section 16-12-190.501 S. B. 220 - 20 - 26 SB 220/AP (7) 'Physician' means an individual licensed to practice medicine pursuant to Article 2502 of Chapter 34 of Title 43 and whose principal place of practice is located in this state.503 (8) 'Registry' means the Low THC Oil Medical Cannabis Patient Registry.504 (b) There is established within the department the Low THC Oil Medical Cannabis Patient505 Registry.506 (c) The purpose of the registry is to provide a registration o f individuals patients and507 caregivers who have been issued registration cards. The depart ment shall establish508 procedures and promulgate rules and regulations for the establishment and operation of the509 registration process and dispensing of registry cards to indivi duals and caregivers. The510 department shall not promulgate any rules or regulations or imp ose any excessive or511 unnecessary fees relating to the issuance of registration cards that would unduly burden512 access to medical cannabis or products by patients and caregivers.513 (d) The department shall issue a registration card to any individual patient who has been514 certified to the department by his or her physician as being diagnosed with a condition or515 is an inpatient or outpatient in a hospice program and has been authorized by such516 physician to use low THC oil medical cannabis as treatment. The department shall issue517 a registration card to a caregiver when the circumstances warrant the issuance of such card518 on behalf of a patient if such individual or entity meets the criteria in subparagraph (A),519 (B), or (C) of paragraph (2) of subsection (a) of this Code sec tion with respect to such520 patient. The board shall establish procedures and promulgate rules and regulations to assist521 physicians in providing required uniform information relating to certification and any other522 matter relating to the issuance of certifications. In promulgating such rules and regulations,523 the board shall require that physicians have a doctor-patient relationship when certifying524 an individual as needing low THC oil medical cannabis and physicians shall be required525 to be treating such individual patient for the specific condition requiring such treatment or526 be treating such individual patient in a hospice program. A physician shall seek and review527 information about a patient from the prescription drug monitori ng program data base528 S. B. 220 - 21 - 26 SB 220/AP established pursuant to Code Section 16-13-57 prior to certifyi ng such patient to the529 department as being diagnosed with a specific condition that requires the use of low THC530 oil as treatment. A registration card issued pursuant to this Code section shall be valid for531 five years from the date of issuance regardless of the patient' s nonuse so long as the532 individual patient or caregiver remains eligible for receipt of such card based on an annual533 certification of the continued diagnosis of such individual patient w i t h a c o n d i t i o n ;534 provided, however, that patients with incurable or irreversible conditions shall not be535 subject to such annual certifications. If the individual or caregiver requests delivery of the536 registration card, the department shall deliver such card eithe r via certified mail or by537 secure electronic means, including email. The department shall issue an electronic538 registration card, physical registration card, or both, at the sole election of each patient or539 caregiver; provided, however, that the issuance of electronic r egistration cards shall be540 subject to appropriations. Electronic registration cards shall allow for immediate purchase541 of medical cannabis or products upon receipt of an eligible app lication for a registration542 card. 543 (e) The board shall require physicians to issue semiannual rep orts to the board. Such544 reports shall require physicians to provide information, includ ing, but not limited to,545 dosages recommended for a particular condition, patient clinica l responses, levels of546 tetrahydrocannabinol or tetrahydrocannabinolic acid present in test results, compliance,547 responses to treatment, side effects, and drug interactions. Such reports shall be used for548 research purposes to determine the efficacy of the use of low THC oil medical cannabis as549 a treatment for conditions.550 (f) Information received and records kept by the department for purposes of administering551 this Code section shall be confidential; provided, however, that such information shall be552 disclosed, subject to the provisions of the federal Health Insu rance Portability and553 Accountability Act of 1996, P.L. 104-191, and any regulations promulgated thereunder:554 S. B. 220 - 22 - 26 SB 220/AP (1) Upon written request of an individual a patient or caregiver registered pursuant to this555 Code section for information related to the individual patient or his or her caregiver;556 (2) To peace officers and prosecuting attorneys for the purpose of:557 (A) Verifying that an individual in possession of a registrati on card is registered the558 patient authorized to possess and use such registration card pursuant to this Code559 section; or560 (B) Determining that an individual in possession of low THC oil medical cannabis is561 registered pursuant to this Code section; and562 (3) To government entities and other entities for statistical, research, educational,563 instructional, drug abuse prevention, or grant application purp oses after removing all564 personal identifiers from the health information and removing all information that could565 be used to identify prescribers.566 (g) The board shall develop a waiver form that will advise that the use of cannabinoids and567 THC containing products have not been approved by the FDA and the clinical benefits are568 unknown and may cause harm. Any patient or caregiver shall sign such waiver prior to his569 or her approval for registration.570 (h) The board, in coordination with the Department of Public Health, shall annually review571 the conditions included in paragraph (3) of subsection (a) of t his Code section and572 recommend additional conditions that have been shown through me dical research to be573 effectively treated with low THC oil medical cannabis . Such recommendations shall574 include recommended dosages for a particular condition, patient responses to treatment575 with respect to the particular condition, and drug interactions with other drugs commonly576 taken by patients with the particular condition. Such recommen dations shall be made577 jointly by the board and the Department of Public Health to the General Assembly no later578 than December 1 of each year."579 S. B. 220 - 23 - 26 SB 220/AP PART IV580 SECTION 4-1.581 All laws and parts of laws in conflict with this Act are repealed.582 S. B. 220 - 24 -