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 low
THC oil as medical cannabis; to amend Chapter 12 of Title 16, Article 2 of Chapter 13 of
Title 16, and Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated,
relating to offenses against the public health and morals, regulation of controlled substances,
and general provisions relative to the Department of Public Health, respectively, so as to
clarify and revise criminal penalties; to clarify and revise exemptions to criminal penalties;
to revise the duties of the Georgia Access to Medical Cannabis Commission; to provide for
the provision of certain information by licensees; to provide limitations on the provision of
such information; to exclude the lawful possession and control of medical cannabis from the
provisions of the Georgia Controlled Substances Act; to revise the existing diagnosed
conditions for which a medical cannabis registration card can be issued; to provide for
conforming changes; to provide definitions; to provide 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:
PART I
SECTION 1-1.
This Act shall be known and may be cited as the 'Putting Georgia's Patients First Act."
PART II
SECTION 2-1.
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by
replacing "low THC oil" and "Low THC oil" with "medical cannabis" and "Medical
cannabis", respectively, wherever such terms occur in:
(1) Code Section 2-11-36, relating to seeds used in production of low THC oil;
(2) Code Section 2-23-9.2, relating to consumable hemp products, packaging,
advertising, and distribution; and
(3) Code Section 2-23-9.3, relating to location of retail establishments selling or
distributing consumable hemp products.
SECTION 2-2.
Article 9 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to
access to medical cannabis, is amended by replacing "low THC oil" and "Low THC oil" with
"medical cannabis" and "Medical cannabis", respectively, and by replacing "Low THC Oil
Patient Registry" with "Medical Cannabis Patient Registry", wherever such terms occur in:
(1) Code Section 16-12-201, relating to prohibition against producing, growing,
manufacturing, or dispensing low THC oil or products;
(2) Code Section 16-12-203, relating to powers, duties, and responsibilities of the
Georgia Access to Medical Cannabis Commission;
(3) Code Section 16-12-204, relating to nontransferable designated university licenses
to produce low THC oil and products, research and reporting of collected information,
and license revocation;
(4) Code Section 16-12-206, relating to annual, nontransferable dispensing license,
adoption of rules, and fees;
(5) Code Section 16-12-210, relating to powers, duties, and responsibilities of the
Georgia Access to Medical Cannabis Commission, no undue burden on patients, and
remission of fees;
(6) Code Section 16-12-211, relating to class 1 production licenses, application fees,
revocation, and limitation on ownership;
(7) Code Section 16-12-212, relating to class 2 production licenses, application fee,
revocation, and limitation on ownership;
(8) Code Section 16-12-213, relating to tracking system requirements;
(9) Code Section 16-12-216, relating to Bureau of Investigation, Access to Medical
Cannabis Commission, and Composite Medical Board to jointly establish procedures to
ensure compliance;
(10) Code Section 16-12-217, relating to on-demand access to facilities, provision of
samples, testing, and secured transportation;
(11) Code Section 16-12-224, relating to limitation on ownership by member or former
member of the Georgia Access to Medical Cannabis Commission, limitation on
physician's involvement, and identification when contributing to political campaigns;
(12) Code Section 16-12-225, relating to criminal offenses and penalties;
(13) Code Section 16-12-226, relating to sales and use taxes applicable;
(14) Code Section 16-12-230, relating to requirements for dispensing low THC oil and
products;
(15) Code Section 16-12-231, relating to exemptions from arrest, prosecutions, or
penalty;
(16) Code Section 16-12-233, relating to contracts not against public policy;
(17) Code Section 16-12-234, relating to unlawful ways to ingest low THC oil or
products;
(18) Code Section 16-12-235, relating to research in compliance with federal regulations;
and
(19) Code Section 16-12-235.1, relating to possession of low THC oil and products by
colleges and universities for research purposes, permitting requirements, and inspection.
SECTION 2-3.
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to
general provisions relative to the Department of Public Health, is amended in Code
Section 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver
forms, and annual review and recommendations, by replacing "low THC oil" and "Low THC
oil" with "medical cannabis" and "Medical cannabis", respectively, and by replacing "Low
THC Oil Patient Registry" with "Medical Cannabis Patient Registry" wherever such terms
occur.
SECTION 2-4.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions relative to torts, is amended in Code Section 51-1-29.6, relating to liability of
healthcare institutions and providers regarding low THC oil, by replacing "low THC oil" and
"Low THC oil" with "medical cannabis" and "Medical cannabis", respectively.
PART III
SECTION 3-1.
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against
public health and morals, is amended by revising Article 8, relating to regulation of low THC
oil, as follows:
"ARTICLE 8
16-12-190.
As used in this article, the term:
<ins>(1) 'Medical cannabis'</ins> <del>'low THC oil'</del> means an oil that contains an amount of cannabidiol
and not more than 5 percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic
acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which
does not contain plant material exhibiting the external morphological features of the plant
of the genus Cannabis. Such term shall not <del>mean</del> <ins>include:
(A) Goods</ins> <del>products</del> approved by the federal Food and Drug Administration under
Section 505 of the federal Food, Drug, and Cosmetic Act; <ins>or
(B) Hemp or hemp products, as such terms are defined in Code Section 2-23-3.
(2) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.
</ins> 16-12-191.
(a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any
person to possess, purchase, or have under his or her control 20 fluid ounces or less of
<del>low THC oil</del> <ins>medical cannabis or a product or products containing an equivalent amount
of medical cannabis</ins> if such <del>substance</del> <ins>medical cannabis or product or products</ins> is in a
pharmaceutical container labeled by the manufacturer indicating the percentage of
tetrahydrocannabinol therein and:
(A) Such person is registered with the Department of Public Health as set forth in Code
Section 31-2A-18 and has in his or her possession a registration card issued by the
Department of Public Health; or
(B) Such person has in his or her possession a registration card issued by another state
that allows the same possession of <del>low THC oil</del> <ins>medical cannabis</ins> as provided by this
state's law; provided, however, that such registration card shall not be lawful authority
when such person has been present in this state for 45 days or more.
(2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses,
purchases, or has under his or her control 20 fluid ounces or less of <del>low THC oil</del> <ins>medical
cannabis or a product or products containing an equivalent amount of medical cannabis
</ins> without complying with paragraph (1) of this subsection shall be punished as for a
misdemeanor.
(b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any
person to possess, purchase, or have under his or her control 20 fluid ounces or less of
<del>low THC oil</del> <ins>medical cannabis or a product or products containing an equivalent amount
of medical cannabis</ins> if:
(A) Such person is involved in a clinical research program being conducted by the
Board of Regents of the University System of Georgia or any authorized clinical trial
or research study in this state or <del>their</del> <ins>its</ins> authorized agent as:
(i) A program participant;
(ii) A parent, guardian, or legal custodian of a program participant;
(iii) An employee of the board of regents designated to participate in the research
program;
(iv) A program agent;
(v) A program collaborator and <del>their</del> <ins>its</ins> designated employees;
(vi) A program supplier and <del>their</del> <ins>its</ins> designated employees;
(vii) A program physician;
(viii) A program clinical researcher;
(ix) Program pharmacy personnel; or
(x) Other program medical personnel; and
(B) Such <del>substance</del> <ins>medical cannabis or product or products</ins> is in a pharmaceutical
container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol
therein.
(2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses,
purchases, or has under his or her control 20 fluid ounces or less of <del>low THC oil</del> <ins>medical
cannabis or a product or products containing an equivalent amount of medical cannabis
</ins> without complying with <del>subparagraphs (A), (B), and (C) of</del> paragraph (1) of this
subsection shall be punished as for a misdemeanor.
(c) Notwithstanding any provision of Chapter 13 of this title, any person having possession
of, purchasing, or having under his or her control more than 20 fluid ounces <del>of low THC
oil</del> but less than 160 fluid ounces of <del>low THC oil</del> <ins>medical cannabis or a product or products
containing an equivalent amount of medical cannabis</ins> or who manufactures, distributes,
dispenses, sells, purchases, or possesses with the intent to distribute <del>low THC oil</del> <ins>medical
cannabis</ins> shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than ten years, a fine not to
exceed $50,000.00, or both.
(d) Notwithstanding any provision of Chapter 13 of this title, any person who sells,
manufactures, delivers, brings into this state, purchases, or has possession of 160 or more
fluid ounces of <del>low THC oil</del> <ins>medical cannabis or a product or products containing an
equivalent amount of medical cannabis</ins> shall be guilty of the felony offense of trafficking
in <del>low THC oil</del> <ins>medical cannabis</ins> and, upon conviction thereof, shall be punished as
follows:
(1) If the quantity of <del>low THC oil</del> <ins>medical cannabis</ins> is at least 160 fluid ounces but less
than 31,000 fluid ounces, <ins>or the product or products contain an equivalent amount of
medical cannabis,</ins> by imprisonment for not less than five years nor more than ten years
and a fine not to exceed $100,000.00;
(2) If the quantity of <del>low THC oil</del> <ins>medical cannabis</ins> is at least 31,000 fluid ounces but
less than 154,000 fluid ounces, <ins>or the product or products contain an equivalent amount
of medical cannabis,</ins> by imprisonment for not less than seven years nor more than 15
years and a fine not to exceed $250,000.00; and
(3) If the quantity of <del>low THC oil</del> <ins>medical cannabis</ins> is 154,000 or more fluid ounces, <ins>or
the product or products contain an equivalent amount of medical cannabis,</ins> by
imprisonment for not less than ten years nor more than 20 years and a fine not to
exceed $1 million.
(e) Subsections (c) and (d) of this Code section shall not apply to a person involved in a
research program being conducted by the Board of Regents of the University System of
Georgia or its authorized agent as an employee of the board of regents designated to
participate in such program, a program agent, a program collaborator and <del>their</del> <ins>its
</ins> designated employees, a program supplier and <del>their</del> <ins>its</ins> designated employees, a physician,
clinical researcher, pharmacy personnel, or other medical personnel.
(f) Subsections (c) and (d) of this Code section shall not apply to a designated university,
pharmacy, or licensee under Article 9 of Chapter 12 of Title 16, provided that such
possession, purchase, control, sale, manufacturing, distribution, or dispensing is solely
conducted in accordance with the provisions of Article 9 of Chapter 12 of Title 16.
(g) Nothing in this article shall require an employer to permit or accommodate the use,
consumption, possession, transfer, display, transportation, purchase, sale, or growing of
marijuana in any form, or to affect the ability of an employer to have a written zero
tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any
employee from having a detectable amount of marijuana in such employee's system while
at work."
SECTION 3-2.
Said chapter is further amended by revising Code Section 16-12-200, relating to definitions
relative to access to medical cannabis, as follows:
"16-12-200.
As used in this article, the term:
(1) 'Applicant' means a corporate entity applying for a license pursuant to this article.
(2) 'Available capital' means corporate assets that are available to fund business
operations in the event a license is awarded pursuant to Part 2 of this article.
(3) 'Class 1 production license' means a license to produce and manufacture <del>low THC
oil</del> <ins>medical cannabis</ins> and products issued pursuant to Code Section 16-12-211.
(4) 'Class 2 production license' means a license to produce and manufacture <del>low THC
oil</del> <ins>medical cannabis</ins> and products issued pursuant to Code Section 16-12-212.
(5) 'Commission' means the Georgia Access to Medical Cannabis Commission created
pursuant to Code Section 16-12-202.
(6) 'Designated universities' means the University of Georgia and Fort Valley State
University.
(7) 'Designated university license' means a license issued by the commission pursuant
to this article to a designated university to, separately or jointly, produce, manufacture,
and purchase <del>low THC oil</del> <ins>medical cannabis</ins> and products in accordance with this article.
(8) 'Dispense' means the sale or provision of <del>low THC oil</del> medical cannabis and products
to registered patients by a dispensing licensee.
(9) 'Dispensing license' means a specialty license issued by the State Board of Pharmacy
or the commission pursuant to Code Section 16-12-206 to dispense <del>low THC oil</del> <ins>medical
cannabis</ins> and products to registered patients.
(10) 'Grow' means cultivating and harvesting cannabis for use in producing <del>low THC oil
</del> <ins>medical cannabis</ins> and products.
(11) 'Licensee' means any business, or owner of such business, with a valid license
issued pursuant to this article.
(12) <del>'Low THC oil' shall have the same meaning as set forth in Code Section 16-12-190.
(13)</del> 'Manufacture' means to process cannabis to produce <del>low THC oil</del> <ins>medical cannabis
</ins> and products.
<ins>(13) 'Medical cannabis' shall have the same meaning as set forth in Code
Section 16-12-190.
</ins> (14) 'Owner' means any person who directly or indirectly owns, actually or beneficially,
or controls 5 percent or greater of interests of the applicant or any licensee. In the event
that one person owns a beneficial right to interests and another person holds the voting
rights with respect to such interests, then both shall be considered an owner of such
interests.
(15) 'Product' means <del>low THC oil</del> <ins>medical cannabis</ins> delivered through an oil, tincture,
transdermal patch, lotion, or capsule, except as prohibited by Code Section 16-12-234,
but not including <ins>hemp products, as such term is defined in Code Section 2-23-3, or</ins> any
food products infused with <del>low THC oil</del> <ins>medical cannabis,</ins> including, but not limited to,
cookies, candies, or edibles.
(16) 'Registered patient' means an individual who is legally authorized to possess and use
<del>low THC oil</del> <ins>medical cannabis</ins> and products pursuant to Code Section 31-2A-18.
(17) 'Tracking system' means a seed-to-sale tracking system to track marijuana that is
grown, processed, manufactured, transferred, stored, or disposed of and <del>low THC oil
</del> <ins>medical cannabis</ins> and products that are transferred, stored, sold, dispensed, or disposed
of pursuant to this article."
SECTION 3-3.
Said chapter is further amended in Code Section 16-12-203, relating to the powers, duties,
and responsibilities of the Georgia Access to Medical Cannabis Commission, by adding a
new paragraph to read as follows:
<ins>"(10.1) To engage in public awareness activities concerning the medical cannabis
program in this state and effective uses of medical cannabis and products, including, but
not limited to, publishing materials and conducting outreach and public education
activities to inform members of the public, law enforcement, and healthcare providers
about the medical cannabis program in this state and the potential benefits that medical
cannabis and products may have to eligible patients;"
</ins> SECTION 3-4.
Said chapter is further amended by revising Code Section 16-12-215, relating to limitations
on locations, advertising or marketing prohibited, and information available to physicians,
as follows:
"16-12-215.
(a) No licensee shall operate in any location, whether for cultivation, harvesting, and
processing of marijuana or for processing, manufacturing, packaging, or distributing <del>low
THC oil</del> <ins>medical cannabis</ins> or products, within a 3,000 foot radius of a covered entity,
measured from property boundary to property boundary. No dispensing licensee may
operate in any location within a 1,000 foot radius of a covered entity, measured from
property boundary to property boundary. Notwithstanding the provisions of this
subsection, local governments may, via use of existing zoning powers otherwise provided
by law, allow dispensing licensees only to locate in places other than those provided in this
subsection so long as such modification is needed to allow retail outlets to be established
to service registered patients residing within such local jurisdiction. As used in this
subsection, the term 'covered entity' means a public or private school; an early care and
education program as defined in Code Section 20-1A-2; or a church, synagogue, or other
place of public religious worship, in existence prior to the date of licensure of such licensee
by the commission or State Board of Pharmacy.
(b)(1) No licensee shall advertise or market <del>low THC oil</del> <ins>medical cannabis</ins> or products
to registered patients or the public; provided, however, that a licensee shall be authorized
to provide information regarding its <del>low THC oil</del> <ins>medical cannabis</ins> and products directly
to physicians, <ins>registered patients, and caregivers; provided, further, that such information
shall be subject to and meet the requirements set forth in the rules and regulations
promulgated by the commission pursuant to paragraph (2) of this subsection.
(2) The commission shall promulgate rules and regulations governing information
provided by licensees under paragraph (1) of this subsection to ensure that such
information:
(A) Does not include medical claims that are unsupported by reliable scientific
evidence;
(B) Does not make any false or misleading claim;
(C) Is not attractive to children or otherwise directly or indirectly targeted to children;
and
(D) Is not otherwise unfair and deceptive or harmful to the public."
</ins> SECTION 3-5.
Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to
regulation of controlled substances, is amended in Code Section 16-13-21, relating to
definitions, by revising paragraph (16) as follows:
"(16) 'Marijuana' means all parts of the plant of the genus Cannabis, 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, but shall not include samples as described in subparagraph (P) of paragraph (3)
of Code Section 16-13-25; shall not include the completely defoliated mature stalks of
such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized
samples of seeds of the plant which are incapable of germination; and shall not include
hemp or hemp products, as such terms are defined in Code Section 2-23-3, <ins>or medical
cannabis or products, as such terms are defined in Code Sections 16-12-190 and
16-12-200, respectively, when in the possession or control of a person authorized to
possess and control such medical cannabis or products under the provisions of Article 8
or Article 9 of Chapter 12 of this title.</ins> Such term shall not include products approved by
the federal Food and Drug Administration under Section 505 of the federal Food, Drug,
and Cosmetic Act."
SECTION 3-6.
Said article is further amended in Code Section 16-13-25, relating to Schedule I, by revising
subparagraph (P) of paragraph (3) as follows:
"(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of
tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant
material exhibiting the external morphological features of the plant of the genus
Cannabis, but not including such substance when found in hemp or hemp products, as
such terms are defined in Code Section 2-23-3, <ins>or in medical cannabis or products, as
such terms are defined in Code Sections 16-12-190 and 16-12-200, respectively, when
in the possession or control of a person authorized to possess or control such medical
cannabis or products under the provisions of Article 8 or Article 9 of Chapter 12 of this
title.</ins> Tetrahydrocannabinols do not include products approved by the federal Food and
Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act;"
SECTION 3-7.
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to
general provisions relative to the Department of Public Health, is amended in Code
Section 31-2A-18, relating to Low THC Oil Patient Registry, registration cards, reports,
waiver forms, and annual review and recommendations, by revising paragraph (3) of
subsection (a) as follows:
"(3) 'Condition' means:
(A) Cancer, <del>when such disease is diagnosed as end stage or the treatment produces
related wasting illness or recalcitrant nausea and vomiting;
</del> (B) Amyotrophic lateral sclerosis, <del>when such disease is diagnosed as severe or end
stage;
</del> (C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;
(D) Multiple sclerosis, <del>when such disease is diagnosed as severe or end stage;
</del> (E) Crohn's disease;
(F) Mitochondrial disease;
(G) Parkinson's disease, <del>when such disease is diagnosed as severe or end stage;
</del> (H) Sickle cell disease, <del>when such disease is diagnosed as severe or end stage;
</del> (I) Tourette's syndrome, <del>when such syndrome is diagnosed as severe;
</del> (J) Autism spectrum disorder, <del>when such disorder is diagnosed for a patient who is at
least 18 years of age, or severe autism, when diagnosed for a patient who is less than
18 years of age;
</del> (K) Epidermolysis bullosa;
(L) Alzheimer's disease, <del>when such disease is diagnosed as severe or end stage;
</del> (M) Acquired immune deficiency syndrome, <del>when such syndrome is diagnosed as
severe or end stage;
</del> (N) Peripheral neuropathy, <del>when such symptoms are diagnosed as severe or end stage;
</del> (O) Post-traumatic stress disorder; <del>resulting from direct exposure to or the witnessing
of a trauma for a patient who is at least 18 years of age; or
</del>
(P) Intractable pain; <ins>or
(Q) Lupus."
</ins> PART IV
SECTION 4-1.
All laws and parts of laws in conflict with this Act are repealed.