The Senate Committee on Regulated Industries and Utilities offered the following
substitute to HB 34:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia
Hemp Farming Act," so as to provide limits on the total concentration of intoxicating
cannabinoids in consumable hemp products; to revise provisions concerning the certificate
of analysis applicable to consumable hemp products; to provide for a conspicuous label; to
provide milligram limits on THC in consumable hemp products; to provide for definitions;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 23 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Hemp
Farming Act," is amended by revising Code Section 2-23-3, relating to definitions, as
follows:
"2-23-3.
As used in this chapter, the term:
(1) 'Attractive to children' means the use of any characters or symbols designed to
appeal, or would likely appeal, primarily to individuals under 21 years of age, including
but not limited to anthropomorphized animals, creatures, promotional characters, licensed
characters, or inanimate objects; depictions of children; or depictions of candy.
(2) 'Commercial sale' means the sale of products in the stream of commerce at retail, at
wholesale, and online.
(3) 'Consumable hemp product' means a hemp product intended to be ingested, absorbed,
or inhaled by humans or animals.
(4) 'Contaminant' means a foreign substance or compound that may, if ingested,
absorbed, or inhaled, have an adverse effect on the health of a human or animal. Such
term shall include, without limitation, heavy metals, pesticide residues, residual solvents
or processing chemicals, and any other substance or compound that the department
determines could, if ingested, absorbed, or inhaled, have an adverse effect on the health
of a human or animal.
(5) 'Cultivate' means to plant, water, grow, and harvest a plant or crop.
(6) 'Delta-9-THC' means delta-9-tetrahydrocannabinol.
(7) 'Delta-9-THCA' means delta-9-tetrahydrocannabinolic acid.
(8) Reserved.
(9) 'Full panel certificate of analysis' means a report, produced by a laboratory which is
unaffiliated with the processor or manufacturer and which has been accredited pursuant
to the standards of the International Organization for Standardization for the competence,
impartiality, and consistent operation of laboratories, attesting to the composition of a
product.
(10) 'Handle' means to possess or store hemp plants for any period of time other than
during the actual transport of such plants from the premises of a person licensed to
cultivate or permitted to process hemp or a college or university authorized to conduct
research pursuant to Code Section 2-23-4 to the premises of another licensed or permitted
person or to a college or university authorized to conduct research pursuant to Code
Section 2-23-4; provided, however, that such term shall not include possessing or storing
finished hemp products.
(11) 'Hemp' means the Cannabis sativa L. plant 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 total delta-9-THC concentration that does not
exceed the legal limit.
(12) 'Hemp grower licensee' means an individual or business entity possessing a hemp
grower license issued by the department under the authority of this chapter to handle and
cultivate hemp in the State of Georgia.
(13) 'Hemp products' means all products with a total delta-9-THC concentration that does
not exceed the legal limit that are derived from, or made by, processing hemp plants or
plant parts and that are prepared in a form available for commercial sale.
(14) 'Industrial hemp product' means any hemp product that is not a consumable hemp
product.
<ins>(14.1) 'Intoxicating cannabinoids' means and includes:
(A) THC and any isomers, derivatives, salts, salts of isomers, analogues, halogen
analogues, or homologues of THC, including, but not limited to,
delta-8-tetrahydrocannabinol (delta-8-THC), delta-9-tetrahydrocannabinol
(delta-9-THC), delta-10-tetrahydrocannabinol (delta-10-THC),
delta-11-tetrahydrocannabinol (delta-11-THC), and exo-tetrahydrocannabinol
(exo-THC); and
(B) Hexahydrocannabinol (HHC) and any isomers, derivatives, salts, salts of isomers,
analogues, halogen analogues, or homologues of HHC.
</ins> (15) 'Key participant' means a sole proprietor, a partner in a partnership, or a person with
executive managerial control in a corporation when such sole proprietor, partnership, or
corporation is an applicant to be a hemp grower licensee or a permittee. A person with
executive managerial control in a corporation includes persons serving as a chief
executive officer, chief operating officer, chief financial officer, or any other individual
identified in regulations promulgated by the department. Such term shall not include
nonexecutive managers, such as farm, field, or shift managers.
(16) 'Legal limit' means a total delta-9-THC concentration that is the lesser of:
(A) 0.3 percent; or
(B) The percentage limit set forth in 7 U.S.C. Section 1639o.
(17) 'Licensee' means an individual or business entity possessing a license issued by the
department under the authority of this chapter.
(18) 'Manufacture' means to create, produce, manipulate, combine, or package.
(19) 'Manufacturer license' means a license issued by the department under the authority
of this chapter to an individual or business entity that manufactures consumable hemp
products or industrial hemp products in this state.
(20) 'Measurement of uncertainty' means the parameter, associated with the result of a
measurement, that characterizes the dispersion of the values that could reasonably be
attributed to the particular quantity subject to measurement.
(21) 'Permittee' means an individual or business entity possessing a hemp processor
permit issued by the department under the authority of this chapter to handle and process
hemp in the State of Georgia.
(22)(A) 'Process' or 'processing,' except as otherwise provided in subparagraph (B) of
this paragraph, means converting an agricultural commodity into a legally marketable
form.
(B) Such term shall not include:
(i) Merely placing raw or dried material into another container or packaging raw or
dried material for resale; or
(ii) Traditional farming practices such as those commonly known as drying, shucking
and bucking, storing, trimming, and curing.
(23) 'QR code' means a quick response code that is a type of machine-readable,
two-dimensional barcode that stores information about a product.
(24) 'Registered laboratory' means an individual or business entity that tests or analyzes
any plant within the genus Cannabis, including but not limited to hemp, and products
made from or derived from such plant, including but not limited to hemp products and
consumable hemp products, and that has registered with the department under this
chapter.
(25) 'Research' or 'researching' means experimental field, greenhouse, or laboratory
activity for the ultimate purpose of developing new hemp varieties and products,
improving existing hemp products, developing new uses for existing hemp products, or
developing or improving methods for producing hemp products.
(26) 'Retail consumable hemp establishment license' means a license issued by the
department under the authority of this chapter to an individual or business entity that
prepares or sells prepackaged consumable hemp products to consumers.
(27) 'THC' means tetrahydrocannabinol, <del>tetrahydrocannabinolic acid, or a combination
of tetrahydrocannabinol and tetrahydrocannabinolic acid.
</del> <ins>(28) 'Total concentration of intoxicating cannabinoids' means the concentration of all
THC and other intoxicating cannabinoids within a sample.
</ins> <del>(28)(29)</del> 'Total delta-9-THC concentration' means a concentration of delta-9-THC as
determined by Code Section 2-23-3.1.
<del>(29)(30)</del> 'Wholesale consumable hemp license' means a license issued by the department
under the authority of this chapter to an individual or business entity that sells, in bulk,
prepackaged consumable hemp products to retail consumable hemp establishment
licensees or to other retail establishments located outside of the State of Georgia that are
authorized to sell consumable hemp products to consumers in the jurisdiction where such
establishments are located."
SECTION 2.
Said chapter is further amended by revising Code Section 2-23-9.1, relating to consumable
hemp products, certificate of analysis, THC warning, and inspections, as follows:
"2-23-9.1.
<ins>(a)(1) No consumable hemp product shall be sold or otherwise distributed in this state
if such product has a total concentration of intoxicating cannabinoids that exceeds 0.3
percent, determined on a dry weight basis where applicable.
(2) No consumable hemp product shall be sold or otherwise distributed in this state if
such product is in violation of any federal law regarding the total amount of
tetrahydrocannabinols allowable in hemp derived cannabinoid products.
(a)(b)</ins> No consumable hemp product shall be sold or otherwise distributed in this state
unless the processor or manufacturer has, within the last 12 months, contracted for a full
panel certificate of analysis to be conducted on such product and such analysis has been
conducted and made available to the public. Such full panel certificate of analysis shall,
at a minimum:
(1) Attest to the presence and amount, in such product's final packaged form, of the
following compounds <ins>or groups of compounds:
</ins> (A) <del>THC</del> <ins>Intoxicating cannabinoids;
</ins> (B) Cannabidiol (CBD);
(C) Cannabidiolic acid (CBDA);
(D) Cannabigerol (CBG);
(E) Cannabigerolic acid (CBGA);
(F) Cannabinol (CBN); <ins>and
</ins> <del>(G) Hexahydrocannabinol (HHC); and
(H)(G)</del> Any other compound <ins>or groups of compounds</ins> that the department determines
is necessary to protect the health and safety of consumers; and
(2) Attest that the product, in its final packaged form, does not contain any contaminants
in excess of the maximum levels established by the department. In establishing such
maximum levels, the department shall consider the American Herbal Pharmacopoeia
monographs or such other scientific resources that the department determines is accurate,
reliable, and relevant.
<del>(b)(c)</del> Any consumable hemp product sold or otherwise distributed in this state shall bear:
(1) A sticker, approved by the department, warning potential consumers that such
product contains THC; <del>and
</del> (2) A conspicuous label providing the information from the full panel certificate of
analysis conducted on such product within the last 12 months pursuant to subsection <del>(a)
</del> <ins>(b)</ins> of this Code section or allowing a consumer to access such information using a QR
code. <ins>; and
(3) A conspicuous label stating: 'CONSUMPTION OF THIS PRODUCT MAY IMPAIR
THE ABILITY TO OPERATE A MOTOR VEHICLE. CONSUMPTION OF THIS
PRODUCT BEFORE OPERATING A MOTOR VEHICLE MAY CONSTITUTE A
VIOLATION OF O.C.G.A. 40-6-391(a)(6), DRIVING UNDER THE INFLUENCE.'
(c)(d)</ins> The department shall randomly inspect and test consumable hemp products
available for purchase at retail establishments to ensure compliance with this Code section.
Such investigations and testing shall be conducted in compliance with this chapter and with
the rules and regulations promulgated by the department.
<del>(d)(e)</del> In the event that an inspection or test of a consumable hemp product conducted by
the department pursuant to subsection <del>(c)</del> <ins>(d)</ins> of this Code section reveals that such product:
(1) Does not bear:
(A) The sticker required under paragraph (1) of subsection <del>(b)</del> <ins>(c)</ins> of this Code section;
or
(B) The label required under paragraph (2) of subsection <del>(b)</del> <ins>(c)</ins> of this Code section;
(2) Has a total delta-9-THC concentration that exceeds the legal limit;
<ins>(3) Has a total concentration of intoxicating cannabinoids that exceeds 0.3 percent;
</ins> <del>(3)(4)</del> Contains one or more contaminants in excess of the maximum levels established
by the department; or
<del>(4)(5)</del> Has a composition that is materially different from what is shown on the full panel
certificate of analysis conducted on such product within the last 12 months pursuant to
subsection <del>(a)</del> <ins>(b)</ins> of this Code section,
such product and all related consumable hemp products shall be disposed of in compliance
with this chapter and with the rules and regulations promulgated by the department.
<del>(e)(f)</del> Any person who violates the provisions of subsection <del>(a) or</del> (b) <ins>or (c)</ins> of this Code
section shall be guilty of a misdemeanor."
SECTION 3.
Said chapter is further amended by revising Code Section 2-23-9.2, relating to consumable
hemp products, packaging, advertising, and distribution, as follows:
"2-23-9.2.
(a) No consumable hemp product shall be sold or otherwise distributed in this state unless
such product is packaged in a container that:
(1) Is not attractive to children;
(2) Does not bear any reasonable resemblance to any existing candy, snack, or other food
product that is widely distributed and familiar to the public;
(3) Does not infringe on any trade dress, trademarks, branding, or other related materials
as described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States
Code; and
(4) Is tamper evident and child resistant.
(b) No consumable hemp product shall be advertised in this state in any manner that:
(1) Is attractive to children;
(2) Bears a reasonable resemblance to any existing candy, snack, or other food product
that is widely distributed and familiar to the public;
(3) Infringes on any trade dress, trademarks, branding, or other related materials as
described in Code Section 10-1-450 or in Chapter 22 of Title 15 of the United States
Code; or
(4) Suggests that such product constitutes or contains low THC oil, as such term is
defined in Code Section 16-12-190, or otherwise constitutes or contains medical
marijuana or medical cannabis.
(c)(1) As used in this subsection, the term:
(A) 'Food product' means any product intended to be consumed by humans for physical
subsistence; provided, however, that such term shall not include gummies, consumable
<ins>base oils, or</ins> products that constitute drinks or beverages.
(B) 'Gummy' means a gelatinous substance in the form of a cube, sphere, prismatoid,
ovoid, or other shape that is designed for human ingestion.
(2) No consumable hemp product shall be sold or otherwise distributed in this state if
such product constitutes or is a component of:
(A) A food product; or
(B) A drink or beverage that contains alcohol or constitutes an alcoholic beverage
under Title 3.
(3) Nothing in this subsection is intended to prohibit the sale or distribution of hemp that
is contained within gummies or consumable base oils, provided that such gummies or
consumable base oils are not a component of a food product.
<ins>(d)(1) Except as otherwise provided in paragraphs (2), (3), and (4) of this subsection, no
consumable hemp product shall be sold or otherwise distributed in this state if such
product has more than:
(A) Ten milligrams of intoxicating cannabinoids per serving; or
(B) One-hundred fifty milligrams of intoxicating cannabinoids per container.
</ins>
<ins>(2) No consumable hemp product that constitutes a drink or beverage shall be sold or
otherwise distributed in this state if such product:
(A) Has more than five milligrams of intoxicating cannabinoids per 12 fluid ounces of
liquid, or the proportionate equivalent thereof; or
(B) Is packaged in a container that exceeds 12 fluid ounces of liquid.
(3) No consumable hemp product that is intended for topical application shall be sold or
otherwise distributed in this state if such product is packaged in a container that has more
than 1,000 milligrams of intoxicating cannabinoids.
(4) No consumable hemp product that constitutes a tincture shall be sold or otherwise
distributed in this state if such product:
(A) Has more than one milligram of intoxicating cannabinoids per one milliliter of
liquid, or the proportionate equivalent thereof; or
(B) Is packaged in a container that exceeds 60 milliliters of liquid."
</ins> SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.