House Bill 1248
By: Representatives Jackson of the 68th, Bell of the 75th, Mitchell of the 88th, Clark of the
108th, and Park of the 107th
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
offenses, so as to provide for the regulation, licensure, taxation, and use of cannabis; to
provide for legislative findings and purpose; to provide for definitions; to provide for the
decriminalization of certain amounts of cannabis; to provide for the legalization of cannabis;
to provide for taxation; to provide for limitations; to authorize counties and municipal
corporations to adopt certain ordinances; to amend Code Section 36-1-20 of the Official
Code of Georgia Annotated, relating to ordinances for governing and policing of
unincorporated areas of county, so as to authorize counties to adopt ordinances governing
and punishing the possession of two ounces or less of marijuana; to provide for a short title;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Cannabis Freedom and Integrity
Act."
SECTION 2.
The General Assembly finds that:
(1) Offenses regarding cannabis have left a fragmented legal landscape, which creates
confusion for law enforcement, businesses, and private citizens;
(2) A transparent, predictable, and responsible environment that protects public health,
addresses historical injustices, and allows for the responsible growth of a new industry will
create jobs and generate significant tax revenue for the state;
(3) A safe, regulated, and comprehensive legal framework for the cultivation, processing,
testing, transportation, sale, and use of cannabis and products made with cannabis is
needed; and
(4) The purpose of this Act is to ensure public safety, promote economic development, and
provide clarity and consistency in the law.
SECTION 3.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is
amended in Chapter 12, relating to offenses against public health and morals, by adding a
new article to read as follows:
<ins>"ARTICLE 11
16-12-300.
As used in this article, the term:
(1) 'Cannabis' means all parts of the plant Cannabis sativa L., whether growing or not;
the seeds thereof; the resin extracted from any part of such plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin.
Such term does not include industrial hemp or low THC oil.
</ins>
<ins>(2) 'Decriminalization' means the reduction of criminal penalties for possessing a
controlled substance in small amounts, typically for personal use, from a criminal offense
to a civil infraction or a nonjailable offense, such as a fine. The substance remains illegal,
and no legal market is established for its sale, distribution, or cultivation.
(3) 'Industrial hemp' means the plant Cannabis sativa L. and any part of such plant,
including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids,
salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol
concentration of not more than 0.3 percent on a dry weight basis. Such term aligns with
the 2018 Federal Farm Bill and existing laws of this state to ensure continuity for farmers
and businesses already operating in the hemp industry, while also clearly differentiating
it from regulated cannabis.
(4) 'Legalization' means the complete removal of criminal penalties for a substance,
enabling the establishment of a regulated, taxed, and legal market for its production,
distribution, and sale. Such term includes the right for individuals to possess, cultivate,
and consume the substance in accordance with the specific regulations of the law, and
establishes a regulatory framework, ensuring product safety through mandatory testing
and consumer protection measures.
(5) 'Low THC oil' has the same meaning as set forth in Code Section 16-12-190.
16-12-301.
There is established the Georgia Cannabis Commission which is an independent state
agency responsible for the oversight of the cannabis market. The commission shall be
responsible for:
(1) Licensing and regulating cannabis cultivation facilities, products made with cannabis
manufacturing facilities, cannabis testing laboratories, and cannabis dispensaries. The
commission shall develop a tiered licensing system to encourage participation from small
</ins>
<ins>businesses and to ensure market diversity, prioritizing licenses for small-scale farmers
and businesses in communities disproportionately impacted by past cannabis arrests;
(2) Establishing and enforcing public health and safety standards for all products made
with cannabis, including mandatory testing for pesticides, heavy metals, mold, and
potency. No product made with cannabis may be sold in this state without first passing
testing by a state licensed laboratory as prescribed by the commission to ensure consumer
safety;
(3) Implementing a robust tracking system to prevent the diversion of products made
with cannabis to the illegal market and ensure a transparent supply chain that shall track
cannabis growth from its initial cultivation to its final sale at a licensed dispensary using
unique identifiers for each product batch; and
(4) Issuing and enforcing all rules and regulations necessary to carry out the provisions
of this article, including a requirement for a public education campaign on the responsible
use of cannabis, the dangers of impaired driving, and the risks of underage consumption.
16-12-302.
(a) The commission shall be composed of nine members as follows:
(1) Three members to be appointed by the Governor, each of whom shall be a part of the
cannabis industry and shall not be a member of the General Assembly and one of whom
shall serve as chairperson of the commission;
(2) Three members of the House of Representatives, to be appointed by the Speaker of
the House of Representatives; and
(3) Three members of the Senate, to be appointed by the President of the Senate.
(b) The Governor, Speaker of the House of Representatives, and President of the Senate
shall appoint the first members of the commission pursuant to subsection (a) of this Code
section by August 1, 2026.
</ins>
<ins>(c) Each member of the commission shall be a full-time resident of this state and shall
serve a term of three years and until the appointment of his or her successor. Successor to
the initial appointees shall be appointed in the manner as such initial appointees and any
vacancy within the commission shall be filled for the remainder of the unexpired term in
the same manner as the initial appointment. Each member of the commission shall be
eligible to succeed himself or herself; provided, however, that no member shall serve more
than two consecutive terms on the commission.
(d) Members of the commission shall serve without compensation but shall be allowed
actual and necessary expenses in the performance of their duties. Legislative members of
the commission shall receive the allowances provided for in Code Section 28-1-8.
Nonlegislative citizen members of the commission shall receive a daily expense allowance
in the amount specified in subsection (b) of Code Section 45-7-21, as well as the mileage
or transportation allowance authorized for state employees. The funds necessary for the
reimbursement of expenses and allowances of any member of the commission shall come
from funds appropriated to or otherwise available to the commission.
16-12-303.
Any person 21 years of age or older may:
(1) Possess up to two ounces of cannabis and up to 10 grams of cannabis concentrates;
and
(2) Cultivate up to three mature cannabis plants for personal use in an enclosed space.
16-12-304.
(a) Current state law relative to low THC oil shall be expanded to include all products
made with cannabis, including flowers, edibles, tinctures, and concentrates, as
recommended by a licensed physician for a qualifying medical condition.
</ins>
<ins>(b) The Georgia Cannabis Commission shall oversee and issue patient and caregiver
registry cards, ensuring that patients have access to a range of products made with cannabis
for treatment.
16-12-305.
(a) A state excise tax of 15 percent shall be imposed on the retail sale of all cannabis and
products made with cannabis.
(b) All tax revenue collected under this article shall be distributed as follows:
(1) Twenty percent to the Georgia Department of Public Health for substance abuse
prevention, treatment, and education programs, with a focus on evidence based strategies
to discourage youth use. Such funds shall support school based prevention programs,
addiction treatment centers, and public awareness campaigns;
(2) Ten percent to the Department of Revenue for the administration and enforcement
of this article, ensuring the commission has the necessary funding to regulate the industry
effectively, including conducting inspections and investigations;
(3) Ten percent to a social equity fund for grants and loans to individuals and
communities disproportionately harmed by past cannabis prohibition. Such fund shall
support programs, including business development assistance, expungement clinics for
low level cannabis offenses, and job training programs to help individuals enter the legal
cannabis industry; and
(4) Sixty percent shall be deposited in the state's general fund, to be used for essential
state services such as infrastructure, education, public safety, and critical state programs.
16-12-306.
(a) It shall remain a criminal offense to operate a motor vehicle or watercraft under the
influence of cannabis as provided in Code Section 52-7-12. The Georgia Bureau of
Investigation shall work with the Department of Public Safety to establish scientifically
</ins>
<ins>sound impairment thresholds and roadside testing protocols that accurately determine
impairment, rather than merely the presence of products made with cannabis.
(b) Consuming cannabis in public places, including parks, sidewalks, retail establishments,
and public school grounds is prohibited pursuant to Code Section 16-11-41.
(c) Products made with cannabis shall be sold in child resistant, tamper evident packaging
and shall not be designed to appeal to minors such as in the form of cartoons or popular
candies. All such products shall also include clear, standardized labeling with potency
information, a list of ingredients, and a prominent health warning about the risks and
responsible use of cannabis.
(d) The commission shall have the authority to suspend or revoke the license of any
business that violates the provisions of this article, with penalties scaled to the severity and
frequency of the violation. For minor infractions, the commission may issue fines or
warnings and for repeated violations, such as selling to minors or operating without a
license, the commission may revoke the business's license entirely."
</ins> SECTION 4.
Said title is further amended in Code Section 16-13-2, relating to conditional discharge for
possession of controlled substances as first offense and certain nonviolent property crimes,
dismissal of charges, and restitution to victims, by revising subsection (b) as follows:
"(b) <ins>Except as provided in Code Sections 36-1-20 and 36-32-6,</ins> <del>Notwithstanding any law
to the contrary,</del> any person who is charged with possession of marijuana, which possession
is of <del>one ounce</del> <ins>two ounces</ins> or less, shall be guilty of a misdemeanor and punished by
<del>imprisonment</del> <ins>confinement</ins> for a period not to exceed 12 months or a fine not to exceed
$1,000.00, or both, or public works not to exceed 12 months."
SECTION 5.
Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for
governing and policing of unincorporated areas of county, is amended by adding a new
subsection to read as follows:
<ins>"(e) The governing authority of each county is authorized to adopt ordinances governing
the possession of two ounces or less of marijuana within the unincorporated areas of the
county. Violation of such ordinances may be punished by fines, and each such ordinance
shall specify the maximum punishment which may be imposed for a violation of the
ordinance. In no case shall the maximum punishment for the violation of any such
ordinance exceed a fine of $1,000.00. Any fines and bond forfeitures arising from the
prosecution of such cases shall be retained by the county and shall be paid into the treasury
of such county."
</ins> SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.