House Bill 440
By: Representatives Clark of the 100th, Werkheiser of the 157th, Prince of the 132nd, Mathiak
of the 82nd, Carpenter of the 4th, 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 clarify provisions relating to the minimum distance licensees must be from covered
entities; to revise provisions relating to the Georgia Access to Medical Cannabis
Commission; to repeal the prohibition on certain manners of ingesting medical cannabis; to
exclude the lawful possession and control of medical cannabis from the provisions of the
Georgia Controlled Substances Act; to revise the list of diagnosed conditions for which a
medical cannabis registration card can be issued; to provide for conforming changes; to
revise and provide for 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 "Providing Effective Access to Cannabis
for Health (PEACH) 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;
(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 fee,
revocation, and limitation on ownership;
(7) Code Section 16-12-212, relating to class 2 production licenses, application fees,
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 16-12-225, relating to criminal offenses and penalties;
(12) Code Section 16-12-226, relating to sales and use taxes applicable;
(13) Code Section 16-12-233, relating to contracts not against public policy;
(14) Code Section 16-12-235, relating to research in compliance with federal regulations;
and
(15) 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.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions relative to torts, is amended by revising Code Section 51-1-29.6, relating to
liability of health care institutions and providers regarding low THC oil, as follows:
"51-1-29.6.
(a) As used in this Code section, the term:
(1) 'Caregiver' shall have the same meaning as set forth in Code Section 31-2A-18.
(2) <del>'Health care</del> <ins>Healthcare</ins> institution' shall have the same meaning as set forth in Code
Section 51-1-29.5.
(3) <del>'Health care</del> <ins>Healthcare</ins> provider' means any person licensed, certified, or registered
under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or Chapter 4
of Title 26.
(4) <del>'Low THC oil</del> <ins>Medical cannabis'</ins> shall have the same meaning as set forth in Code
Section 16-12-190.
<ins>(5) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.
</ins> (b) A <del>health care</del> <ins>healthcare</ins> institution shall not be subject to any civil liability, penalty,
licensing sanction, or other detrimental action and a <del>health care</del> <ins>healthcare</ins> provider shall
not be subject to any civil liability, penalty, denial of a right or privilege, disciplinary
action by a professional licensing board, or other detrimental action for allowing an
individual or caregiver to possess, administer, or use low THC oil <ins>medical cannabis or
products</ins> on the premises of a <del>health care</del> <ins>healthcare</ins> institution or offices of a <del>health care
</del> <ins>healthcare</ins> provider, provided that the possession of such substance is in accordance with
the laws of this state."
PART III
SECTION 3-1.
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against
the 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) 'Commission' shall have the same meaning as set forth in Code Section 16-12-200.
(2) 'Designated university' shall have the same meaning as set forth in Code Section
16-12-200.
(3) 'Georgia based college or university' means a college or university located in this
state that has a permit issued by the commission pursuant to Code Section 16-12-235.1
to possess medical cannabis or products.
(4) 'Independent laboratory' means a laboratory approved by the commission pursuant
to Code Section 16-12-217 to test medical cannabis or products.
(5) 'Licensee' shall have the same meaning as set forth in Code Section 16-12-200.
(6) 'Marijuana' shall have the same meaning as set forth in Code Section 16-13-21.
(7) 'Medical cannabis' means any plant within the genus Cannabis and any part of such
plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of
isomers, whether growing or not, that contains</ins> <del>'low THC oil' means an oil that contains
an amount of cannabidiol and not more than 5 percent by weight of</del> tetrahydrocannabinol,
tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and
tetrahydrocannabinolic acid, <del>which does not contain plant material exhibiting the external
</del>
<del>morphological features of the plant of the genus Cannabis. Such term shall not mean
products</del> <ins>and that is produced in accordance with the provisions of Article 9 of this
chapter; provided, however, that such term shall not include:
(A) Drugs</ins> 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.
(8) '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 <del>20 fluid ounces or less of
low THC oil if such substance</del> <ins>2.5 ounces or less of medical cannabis or a product or
products containing an equivalent amount of medical cannabis if such 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> medical cannabis 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 <del>20 fluid</del> <ins>2.5</ins> 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.
<del>(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
low THC oil 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 their 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 their designated employees;
(vi) A program supplier and their designated employees;
(vii) A program physician;
(viii) A program clinical researcher;
(ix) Program pharmacy personnel; or
(x) Other program medical personnel; and
(B) Such substance 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 low THC oil without
complying with subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall
be punished as for a misdemeanor.
</del> <ins>(c)(b)</ins> Notwithstanding any provision of Chapter 13 of this title, any person having
possession of, purchasing, or having under his or her control more than <del>20 fluid ounces of
low THC oil but less than 160 fluid ounces of low THC oil</del> <ins>2.5 ounces but less than 20
ounces of medical cannabis or a product or products containing an equivalent amount of
</ins>
<ins>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 or products</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.
<del>(d)(c)</del> Notwithstanding any provision of Chapter 13 of this title, any person who sells,
manufactures, delivers, brings into this state, purchases, or has possession of <del>160 or more
fluid ounces of low THC oil</del> <ins>20 or more ounces of 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 <del>160 fluid</del> <ins>20</ins> ounces but
less than <del>31,000 fluid</del> <ins>3,875</ins> ounces, 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 <del>31,000 fluid</del> <ins>3,875</ins> ounces
but less than <del>154,000 fluid</del> <ins>19,250</ins> ounces, 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 <del>154,000</del> <ins>19,250</ins> or more <del>fluid
</del> ounces, by imprisonment for not less than ten years nor more than 20 years and a fine not
to exceed $1 million.
<del>(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 their designated
employees, a program supplier and their designated employees, a physician, clinical
researcher, pharmacy personnel, or other medical personnel.
</del> <ins>(f)(d)</ins> Subsections <del>(c) and (d)</del> <ins>(a), (b), and (c)</ins> of this Code section shall not apply to <del>a
designated university, pharmacy, or licensee under Article 9 of Chapter 12 of Title 16</del> <ins>the
</ins>
<ins>following entities and their employees, agents, or contractors,</ins> provided that such
possession, purchase, control, sale, manufacturing, distribution, or dispensing is solely
conducted in accordance with <del>the provisions of</del> <ins>and pursuant to</ins> Article 9 of <del>Chapter 12 of
Title 16</del> <ins>this chapter:
(1) The commission;
(2) A designated university;
(3) A Georgia based college or university;
(4) An independent laboratory; or
(5) A licensee.
</ins> <del>(g)(e)</del> 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.
<ins>(2.1) 'Caregiver' shall have the same meaning as set forth in Code Section 31-2A-18.
</ins> (3) 'Class 1 production license' means a license to produce and manufacture <del>low THC
oil and</del> <ins>medical cannabis or</ins> 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 and</del> <ins>medical cannabis or</ins> 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 and</del> <ins>medical cannabis or</ins> products in accordance with this
article.
(8) 'Dispense' means the sale or provision of <del>low THC oil and</del> <ins>medical cannabis or
</ins> 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 and
</del> <ins>medical cannabis or</ins> products to registered patients.
(10) 'Grow' means cultivating and harvesting cannabis for use in producing <del>low THC oil
and</del> <ins>medical cannabis or</ins> products.
<ins>(10.1) 'Hemp products' shall have the same meaning as set forth in Code Section 2-23-3.
</ins> (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 low THC oil and <ins>medical
cannabis or</ins> 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 <ins>all products that are derived from, or made by, processing medical
cannabis and that are prepared in a form available for commercial sale</ins> <del>low THC oil
delivered through an oil, tincture, transdermal patch, lotion, or capsule, except as
prohibited by Code Section 16-12-234,</del> but not including <ins>hemp products or</ins> any food
products infused with <ins>medical cannabis</ins> <del>low THC oil, including, but not limited to,
cookies, candies, or edibles.
</del> (16) 'Registered patient' means an individual who <del>is legally authorized to possess and use
low THC oil and products pursuant to Code Section 31-2A-18</del> <ins>has been issued a
registration card.
(16.1) 'Registration card' means a card or other document authorizing an individual to
possess and use medical cannabis or products that has been issued by:
(A) The Department of Public Health pursuant to Code Section 31-2A-18; or
(B) The governmental agency of another state that allows the same possession of
medical cannabis or products as provided by this state's law; provided, however, that
such a card or other document shall not be lawful authority to possess and use medical
cannabis or products in this state when the individual to whom it was issued has been
present in this state for 45 days or more.
</ins> (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 and
</del> <ins>medical cannabis or</ins> products that are transferred, stored, sold, dispensed, or disposed of
pursuant to this article."
SECTION 3-3.
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 <del>or State Board of Pharmacy.</del> <ins>This subsection shall not apply to any
entity that holds a dispensing license issued by the State Board of Pharmacy.
</ins> (b) No licensee shall advertise or market <del>low THC oil</del> medical cannabis 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 and</del> <ins>medical cannabis or</ins> products directly
to physicians."
SECTION 3-4.
Said chapter is further amended by revising Code Section 16-12-224, relating to limitation
on ownership by member or former member of the commission, limitation on physicians
involvement, and identification when contributing to political campaigns, as follows:
"16-12-224.
(a) No current member of the commission, or former member of the commission for a
period of five years from the date such individual ceased to be a member, shall own,
operate, have a financial interest in, or be employed by a <del>low THC oil</del> <ins>medical cannabis</ins> or
product manufacturer or distributor, including any licensee under this part.
(b) No physician who, presently or during the period of such business relationship,
certifies individuals <del>to the commission</del> pursuant to Code Section 31-2A-18 for the use of
<del>low THC oil and</del> <ins>medical cannabis or</ins> products to treat certain conditions shall own,
operate, have a financial interest in, or be employed by a <del>low THC oil</del> <ins>medical cannabis</ins> or
product manufacturer or distributor, including any licensee under this part. This subsection
shall not prohibit a physician from furnishing a registered patient or his or her caregiver,
upon request, with the names of <del>low THC oil</del> <ins>medical cannabis</ins> and product manufacturers
or distributors. Any physician violating this Code section shall be guilty of a misdemeanor.
(c) A licensee that makes a campaign contribution pursuant to Article 2 of Chapter 5 of
Title 21 shall identify itself as a licensee under this part to the recipient of such campaign
contribution."
SECTION 3-5.
Said chapter is further amended by revising Code Sections 16-12-230 and 16-12-231,
relating to requirements for dispensing low THC oil and products and exemptions from
arrest, prosecutions, or penalty, respectively, as follows:
"16-12-230.
(a) <del>Low THC oil and</del> <ins>Medical cannabis or</ins> products shall only be dispensed to registered
patients <ins>or caregivers</ins> in this state by a dispensing licensee or directly from the commission
pursuant to this article.
(b) A pharmacist who dispenses <del>low THC oil</del> <ins>medical cannabis</ins> or products shall seek and
review information on a registered patient from the prescription drug monitoring program
data base established pursuant to Code Section 16-13-57 prior to dispensing <del>low THC oil
</del> <ins>medical cannabis</ins> or products to the registered patient.
16-12-231.
The following persons and entities, when acting in accordance with the provisions of this
article, shall not be subject to arrest, prosecution, or any civil or administrative penalty,
including a civil penalty or disciplinary action by a professional licensing board, or be
denied any right or privilege, for the medical use, prescription, administration,
manufacture, distribution, or transport of <del>low THC oil</del> <ins>medical cannabis</ins> or products:
(1) A registered patient who is in possession of an amount of low THC oil <ins>medical
cannabis</ins> or products authorized under Code Section 16-12-191 or such patient's
caregiver, parent, or guardian;
(2) A physician who certifies a patient to the Department of Public Health as being
diagnosed with a condition or in a hospice program and authorized to use <del>low THC oil
</del> <ins>medical cannabis</ins> or products for treatment pursuant to Code Section 31-2A-18;
(3) A pharmacist or pharmacy that dispenses or provides low THC oil <ins>medical cannabis
</ins> or products to a registered patient <ins>or such patient's caregiver, parent, or guardian;
</ins> (4) The commission or its employees or contractors associated with the production of
<del>low THC oil</del> <ins>medical cannabis</ins> or products in accordance with this article;
(5) A designated university, an employee of a designated university, or any other person
associated with the production of <del>low THC oil</del> <ins>medical cannabis</ins> or products in
accordance with this article; and
(6) <ins>A licensee or an</ins> <del>An</del> employee, contractor, or agent of a licensee with proper
identification associated with the production, manufacture, distribution, transport, or sale
of <del>low THC oil</del> <ins>medical cannabis</ins> or products in accordance with this article."
SECTION 3-6.
Said chapter is further amended by repealing in its entirety Code Section 16-12-234, relating
to unlawful ways to ingest low THC oil or products, and designating such Code section as
reserved.
SECTION 3-7.
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
</ins>
<ins>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 3-8.
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 3-9.
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 by revising Code
Section 31-2A-18, relating to low THC oil patient registry, registration cards, reports, waiver
forms, and annual review and recommendations, as follows:
"31-2A-18.
(a) As used in this Code section, the term:
(1) 'Board' means the Georgia Composite Medical Board.
(2) 'Caregiver' means:
<ins>(A) A</ins> <del>the</del> parent, guardian, or legal custodian of an individual who is less than 18 years
of age <del>or the legal guardian of an adult;
</del> <ins>(B) An adult who is designated by a patient as being an individual authorized to
provide assistance, and who is willing to provide such assistance, with purchasing,
possessing, and administering medical cannabis or products for such patient's use; or
(C) A healthcare institution as defined in Code Section 51-1-29.6 where a patient is
receiving health or medical care for a condition and where such institution agrees to
allow such patient to possess and use medical cannabis or products on such institution's
premises.
</ins> (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) <del>Crohn's disease</del> <ins>Inflammatory bowel disease;
</ins> (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>(Q) Lupus; or
(R) Any other condition, disease, disorder, or syndrome for which:
(i) An opioid has been or could be prescribed pursuant to generally accepted medical
practice;
(ii) A physician determines, in his or her clinical opinion, that a patient with such
condition, disease, disorder, or syndrome would likely receive medical, palliative, or
therapeutic benefits from the use of medical cannabis or products; or
(iii) A patient is receiving inpatient or outpatient hospice care.
</ins> (4) 'Department' means the Department of Public Health.
(5) 'Intractable pain' means pain that has a cause that cannot be removed and for which,
according to generally accepted medical practice, the full range of pain management
modalities appropriate for the patient has been used for a period of at least six months
without adequate results or with intolerable side effects.
(6) <del>'Low THC oil</del> <ins>Medical cannabis'</ins> shall have the same meaning as set forth in Code
Section 16-12-190.
(7) 'Physician' means an individual licensed to practice medicine pursuant to Article 2
of Chapter 34 of Title 43.
(8) <ins>'Product' shall have the same meaning as set forth in Code Section 16-12-200.
(9)</ins> 'Registry' means the <del>Low THC Oil</del> <ins>Medical Cannabis</ins> Patient Registry.
(b) There is established within the department the <del>Low THC Oil</del> <ins>Medical Cannabis</ins> Patient
Registry.
(c) The purpose of the registry is to provide a registration of individuals and caregivers
who have been issued registration cards. The department shall establish procedures and
promulgate rules and regulations for the establishment and operation of the registration
process and dispensing of registry cards to individuals and caregivers.
(d) The department shall issue a registration card to any individual who has been certified
to the department by his or her physician as being diagnosed with a condition or is an
inpatient or outpatient in a hospice program and has been authorized by such physician to
use low <del>THC oil</del> <ins>medical cannabis or products</ins> as treatment. The department shall issue a
registration card to a caregiver when the circumstances warrant the issuance of such card.
The board shall establish procedures and promulgate rules and regulations to assist
physicians in providing required uniform information relating to certification and any other
matter relating to the issuance of certifications. In promulgating such rules and regulations,
the board shall require that physicians have a doctor-patient relationship when certifying
an individual as needing <del>low THC oil</del> <ins>medical cannabis or products</ins> and physicians shall
be required to be treating such individual for the specific condition requiring such treatment
or be treating such individual in a hospice program. A physician shall seek and review
information about a patient from the prescription drug monitoring program data base
established pursuant to Code Section 16-13-57 prior to certifying such patient to the
department as being diagnosed with a specific condition that requires the use of <del>low THC
oil</del> <ins>medical cannabis or products</ins> as treatment. A registration card issued pursuant to this
Code section shall be valid for five years from the date of issuance so long as the <del>individual
</del> <ins>patient</ins> or caregiver remains eligible for receipt of such card based on the continued
diagnosis of such <del>individual</del> <ins>patient</ins> with a condition. If the <del>individual</del> <ins>patient</ins> or caregiver
requests delivery of the registration card, the department shall deliver such card either via
<del>certified</del> mail or by secure electronic means, including email, <ins>whichever delivery method
is specified by such patient or caregiver.
</ins>
(e) The board shall require physicians to issue semiannual reports to the board. Such
reports shall require physicians to provide information, including, but not limited to,
dosages recommended for a particular condition, patient clinical responses, levels of
tetrahydrocannabinol or tetrahydrocannabinolic acid present in test results, compliance,
responses to treatment, side effects, and drug interactions. Such reports shall be used for
research purposes to determine the efficacy of the use of low THC oil <ins>medical cannabis or
products</ins> as a treatment for conditions.
(f) Information received and records kept by the department for purposes of administering
this Code section shall be confidential; provided, however, that such information shall be
disclosed, subject to the provisions of the federal Health Insurance Portability and
Accountability Act of 1996, P.L. 104-191, and any regulations promulgated thereunder:
(1) Upon written request of an individual or caregiver registered pursuant to this Code
section for information related to the individual or his or her caregiver;
(2) To peace officers and prosecuting attorneys for the purpose of:
(A) Verifying that an individual in possession of a registration card is registered
pursuant to this Code section; or
(B) Determining that an individual in possession of low THC oil <ins>medical cannabis or
products</ins> is registered pursuant to this Code section; and
(3) To government entities and other entities for statistical, research, educational,
instructional, drug abuse prevention, or grant application purposes after removing all
personal identifiers from the health information and removing all information that could
be used to identify prescribers.
(g) The board shall develop a waiver form that will advise that the use of cannabinoids and
THC containing products have not been approved by the FDA and the clinical benefits are
unknown and may cause harm. Any patient or caregiver shall sign such waiver prior to his
or her approval for registration.
(h) The board, in coordination with the Department of Public Health, shall annually review
the conditions included in paragraph (3) of subsection (a) of this Code section and
recommend additional conditions that have been shown through medical research to be
effectively treated with <del>low THC oil</del> <ins>medical cannabis or products.</ins> Such recommendations
shall include recommended dosages for a particular condition, patient responses to
treatment with respect to the particular condition, and drug interactions with other drugs
commonly taken by patients with the particular condition. Such recommendations shall
be made jointly by the board and the Department of Public Health to the General Assembly
no later than December 1 of each year."
PART IV
SECTION 4-1.
All laws and parts of laws in conflict with this Act are repealed.