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 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 relating to medical cannabis; 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 revise 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 revise provisions related to registration card renewal; to provide for conforming changes;
to 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 "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 16-12-204, relating to nontransferable designated university licenses to
produce low THC oil and products, research and reporting of collected information, and
license revocation;
(3) Code Section 16-12-206, relating to annual, nontransferable dispensing license,
adoption of rules, and fees;
(4) 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;
(5) Code Section 16-12-211, relating to class 1 production licenses, application fee,
revocation, and limitation on ownership;
(6) Code Section 16-12-212, relating to class 2 production licenses, application fees,
revocation, and limitation on ownership;
(7) Code Section 16-12-213, relating to tracking system requirements;
(8) 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;
(9) Code Section 16-12-217, relating to on-demand access to facilities, provision of
samples, testing, and secured transportation;
(10) 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;
(11) Code Section 16-12-226, relating to sales and use taxes applicable;
(12) Code Section 16-12-233, relating to contracts not against public policy;
(13) Code Section 16-12-235, relating to research in compliance with federal regulations;
and
(14) 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 in Code Section 51-1-29.6, relating to liability of
health care 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
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) '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,</ins> <del>'low THC oil' means an oil</del> that contains <del>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
morphological features of the plant of the genus Cannabis.</del> Such term shall not <del>mean
</del> <ins>include:
(A) Drug</ins> products approved by the federal Food and Drug Administration under
Section 505 of the federal Food, Drug, and Cosmetic Act; <ins>or
</ins>
<ins>(B) Hemp or hemp products, as defined in Code Section 2-23-3.
(2) 'Product' shall have the same meaning as set forth in Code Section 16-12-200.
(3) 'Registered patient' 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 <del>or less of
low THC oil</del> <ins>a product or products containing a cumulative total of 12,000 milligrams or
less of tetrahydrocannabinol</ins> if such <del>substance is</del> <ins>product or products are</ins> in a
pharmaceutical container labeled by the manufacturer indicating the <del>percentage</del> <ins>amount
of milligrams</ins> of tetrahydrocannabinol therein and:
(A) Such person is <ins>a</ins> registered <ins>patient</ins> <del>with the Department of Public Health as set
forth in Code Section 31-2A-18</del> and has in his or her possession a <ins>physical or electronic
</ins> registration card issued by the Department of Public Health <ins>pursuant to Code Section
31-2A-18;</ins> or
(B) Such person has in his or her possession a registration card issued <ins>to such person
</ins> by another state that allows the same possession of low THC oil <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 <del>person</del> <ins>registered
patient</ins> who possesses, purchases, or has under his or her control 20 fluid ounces or less
<del>of low THC oil</del> <ins>a product or products containing a cumulative total of 12,000 milligrams
or less of tetrahydrocannabinol</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 <del>20 fluid ounces or less of
</del>
<del>low THC oil</del> <ins>a product or products containing a cumulative total of 12,000 milligrams or
less of tetrahydrocannabinol</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 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 <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 is</del> <ins>product or products are</ins> in a pharmaceutical container labeled by
the manufacturer indicating the <del>percentage</del> <ins>amount</ins> of tetrahydrocannabinol therein.
(2) Notwithstanding any provision of Chapter 13 of this title, any <ins>such</ins> person who
possesses, purchases, or has under his or her control <del>20 fluid ounces or less of low THC
oil</del> <ins>a product or products containing a cumulative total of 12,000 milligrams or less of
tetrahydrocannabinol</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) <del>Notwithstanding any provision of Chapter 13 of this title, any person</del> <ins>Any registered
patient</ins> having possession of, purchasing, or having under his or her control <del>more than 20
fluid ounces of low THC oil but less than 160 fluid ounces of low THC oil or who
manufactures, distributes, dispenses, sells, purchases, or possesses with the intent to
</del>
<del>distribute low THC oil 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> <ins>a product or products containing a cumulative total of more
than 12,000 milligrams of tetrahydrocannabinol shall be subject to the penalties set forth
in Chapter 13 of this title.
</ins> <del>(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 low THC oil shall be guilty of the felony offense of trafficking in low THC
oil and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid
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 low THC oil is at least 31,000 fluid ounces but less than 154,000
fluid 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 low THC oil is 154,000 or more fluid ounces, by imprisonment for
not less than ten years nor more than 20 years and a fine not to exceed $1 million.
</del> <ins>(e)(d) Subsection</ins> <del>Subsections</del> (c) <del>and (d)</del> 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.
<del>(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.
</del>
<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.
(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> <ins>medical cannabis</ins> 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 <ins>any item that contains medical cannabis, or is derived from or made
by processing medical cannabis, that is prepared in a form available for commercial sale
and does not contain more than 1,200 milligrams of tetrahydrocannibinol in an individual
package.</ins> <del>low THC oil delivered through an oil, tincture, transdermal patch, lotion, or
capsule, except as prohibited by Code Section 16-12-234, but not including</del> <ins>Such term
shall not include:
(A) Hemp products; or
</ins>
<ins>(B) Any</ins> <del>any</del> food products <del>infused with low THC oil</del> <ins>containing medical cannabis,
</ins> including, <del>but not limited to,</del> cookies, <ins>and</ins> candies, <del>or edibles.
</del> (16) 'Registered patient' means an individual <ins>or his or her caregiver</ins> 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 by revising Code Section 16-12-203, relating to the powers,
duties, and responsibilities of the Georgia Access to Medical Cannabis Commission, as
follows:
"16-12-203.
The commission shall have the following powers, duties, and responsibilities:
(1) To apply for, receive, and administer state funds appropriated to the commission,
private grants and donations, and other funds and donations. The commission's annual
distributions shall be capped and limited to funds received from the sources specified in
this paragraph. The commission shall ensure that its funds are not used as a supplement
or secondary payor to any other third-party payor;
(2) To execute a contract or contracts to purchase or obtain <del>low THC oil</del> <ins>medical
cannabis,</ins> cannabis, cannabinoids, or any other derivative, compound, or substantially
similar products from any available legal source and to provide logistics related thereto
in accordance with this article. Such contract or contracts may be executed with one or
more qualified corporations or with one or more governmental entities. Purchases made
pursuant to this paragraph shall not be subject to state purchasing laws contained in
Article 3 of Chapter 5 of Title 50 or in other provisions of the Official Code of Georgia
Annotated;
(3) To utilize funds appropriated to the commission as may be necessary to purchase and
transport <del>low THC oil</del> <ins>medical cannabis</ins> and products to the State of Georgia for use by
registered patients;
(4) To develop, establish, maintain, and administer a <del>low THC oil</del> <ins>medical cannabis</ins> and
products distribution network to obtain and distribute <del>low THC oil</del> <ins>medical cannabis</ins> and
products to registered patients in this state and to coordinate the best use of facilities and
resources to operate such distribution network;
(5) To establish procedures for inspecting production facilities operated by designated
universities;
(6) To establish requirements and procedures to ensure quality control, security, and
oversight of <del>low THC oil</del> <ins>medical cannabis</ins> and products production in this state,
including, but not limited to, testing for purity and dosage levels and verification that
product labels accurately reflect product content;
(7) To provide for oversight of tracking systems;
(8) To coordinate and assist in the collection of data to evaluate the provision of <del>low
THC oil</del> <ins>medical cannabis</ins> and products in this state;
(9) To study the provision of <del>low THC oil</del> <ins>medical cannabis</ins> and products in this state to
determine the best practices and methods of providing such services, to determine what
changes are needed to improve the provision of <del>low THC oil</del> medical cannabis and
products, and to report any proposed legislative changes to the General Assembly each
year;
(10) To coordinate its activities with the Department of Public Health;
<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
</ins>
<ins>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> (11) To employ an executive director and other staff and to establish duties and
responsibilities of such persons;
(12) To employ and manage consultants, as deemed necessary, in order to fulfill its
duties and responsibilities under this article;
(13) To review new treatment and delivery methods for <del>low THC oil</del> <ins>medical cannabis
</ins> and products that may result from medical research and are not otherwise inconsistent
with this article, and recommend statutory changes to the General Assembly to authorize
such treatment and delivery methods and products;
(14) To be responsible for the noncriminal enforcement of the provisions of this article
and to have all of the necessary duties, power, and authority to carry out such
responsibility;
(15) To be authorized to draft, adopt, amend, repeal, and enforce such rules and
regulations as it deems necessary for the administration and enforcement of this article
in the protection of public health, safety, and welfare;
(16) To enforce qualifications for licensure; and
(17) To levy fines for failure by a Class 1 production licensee, Class 2 production
licensee, or dispensing licensee to operate in accordance with rules and regulations
established by the commission within 14 days of written notice by the commission of
specific violations. Such fines shall not exceed $25,000.00 for a first offense, $50,000.00
for a failure to remedy the offense within 60 days after written notice of a first offense,
and $75,000.00 for subsequent failures to remedy noncompliance within 90 days after
written notice of a first offense. Following a third written notice of a recurring violation,
the commission may also order a licensee to cease operations for a period of up to 30
days to correct the violation. Any such fines or orders to cease operations shall be subject
to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
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. <del>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</del> <ins>On and after July 1, 2026, no dispensing license
shall be issued for any location in which the retail sale of distilled spirits would be
prohibited under paragraph (1) of subsection (a) of Code Section 3-3-21; provided,
however, that this shall not apply to a license issued by the State Board of Pharmacy.
</ins> 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) <ins>Except as provided in paragraph (2) of this subsection, no</ins> <del>No</del> licensee shall
advertise or market <del>low THC oil</del> <ins>medical cannabis</ins> or products to registered patients or
the public.
<ins>(2) A;</ins> <del>provided, however, that a</del> licensee shall be authorized to provide information:
<ins>(A) Regarding</ins> <del>regarding</del> its <del>low THC oil</del> <ins>medical cannabis</ins> and products directly to
physicians <ins>and healthcare providers; and
(B) About the legal and safe uses of medical cannabis and products to registered
patients.
(3) Any information provided by a licensee pursuant to paragraph (2) of this subsection
shall not:
(A) Include any medical claim, unless such claim is supported by reliable scientific
evidence;
(B) Make any false or misleading claim; or
(C) Be attractive to children or otherwise directly or indirectly targeted to individuals
under 21 years of age. For purposes of this subparagraph, the term 'attractive to
children' shall have the same meaning as set forth in Code Section 2-23-3."
</ins> SECTION 3-5.
Said chapter is further amended by revising Code Section 16-12-225, relating to criminal
offenses and penalties, as follows:
"16-12-225.
(a) A licensee or licensee's employee who knowingly or willfully encourages, causes,
abets, connives, conspires, or aids in the endangerment of patients, trafficking of <del>low THC
oil</del> <ins>medical cannabis,</ins> products, or its manufacturing by-products, or criminal distribution
of raw materials and agricultural inputs, including but not limited to seeds, under this part
shall be guilty of a felony and, upon conviction thereof, be punished by a fine not to exceed
$100,000.00, imprisonment for not less than five nor more than ten years, or both.
(b) Any person whose acts or omissions of gross, willful, or wanton negligence contribute
to or cause the endangerment of patients, trafficking of <del>low THC oil</del> <ins>medical cannabis,
</ins> products, or its manufacturing by-products, or criminal distribution of raw materials and
agricultural inputs, including but not limited to seeds, under this part shall be guilty of a
misdemeanor of a high and aggravated nature and, upon conviction thereof, be punished
by a fine of up to $5,000.00, imprisonment for up to 12 months, or both.
(c) Failure to comply with all other provisions of this part shall be punishable by a fine of
up to $500.00 for the first offense. All persons convicted of a second or subsequent offense
shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of up
to $1,000.00, imprisonment for up to six months, or both, for each violation.
(d) The provisions of this Code section shall not preclude prosecution and punishment for
the commission of any offense otherwise provided by law."
SECTION 3-5A.
Said chapter is further amended by revising Code Section 16-12-230, relating to
requirements for dispensing low THC oil and products, 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."
SECTION 3-6.
Said chapter is further amended by revising Code Section 16-12-231, relating to exemptions
from arrest, prosecutions, or penalty, as follows:
"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> <del>or products to a registered patient;</del> 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 3-7.
Said chapter is further amended by revising Code Section 16-12-234, relating to unlawful
ways to ingest low THC oil or products, as follows:
"16-12-234.
<ins>(a)</ins> It shall be unlawful to ingest <del>low THC oil</del> <ins>medical cannabis</ins> or products:
<ins>(1) Through smoking or combustion of medical cannabis by any individual; provided,
however, that such prohibition shall not include the vaporization of medical cannabis,
except as otherwise provided in paragraph (2) of this Code section;
(2) Through vaporization of medical cannabis by any individual 21 years of age or
younger; or
(3) In any manner in any public place by any individual</ins> <del>in a manner that employs a
heating element, power source, electronic circuit, or other electronic, chemical, or
mechanical means, regardless of shape or size, that can be used to produce vapor in a
solution or other form, including but not limited to any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor
cartridge or other container of low THC oil or product in a solution or other form that is
intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or similar product or device.
</del> <ins>(b) The department shall promulgate rules and regulations to implement the provisions of
this Code section no later than January 1, 2027."
</ins> SECTION 3-8.
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 <ins>drug</ins> products
approved by the federal Food and Drug Administration under Section 505 of the federal
Food, Drug, and Cosmetic Act."
SECTION 3-9.
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 <ins>drug</ins> products approved by the federal Food
and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic
Act;"
SECTION 3-10.
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 <del>an individual</del> <ins>a patient</ins> 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 health care 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 <ins>any of the following, provided that the patient's symptoms
associated with any such condition can reasonably be expected to be relieved by the use
of medical cannabis and the potential benefits of such use to the patient outweigh the
potential health risks that such use might pose to the patient:
</ins> (A) <ins>Any cancer except skin cancer, unless it is metastatic skin cancer</ins> <del>Cancer, 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, 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;
(K) Epidermolysis bullosa;
(L) Alzheimer's disease, <del>when such disease is diagnosed as severe or end stage;
</del> (M) <del>Acquired immune deficiency syndrome</del> <ins>Human immunodeficiency virus,</ins> when
such <del>syndrome</del> <ins>disease</ins> is diagnosed as <del>severe or end stage</del> <ins>Stage III;
</ins> (N) Peripheral neuropathy, when such symptoms are diagnosed as severe <del>or end stage;
</del> (O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing
of a trauma for a patient who is at least 18 years of age; <del>or
</del> (P) Intractable pain; <ins>or
(Q) Lupus.
</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 <ins>and whose principal place of practice is located in this state.
</ins> (8) '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 <del>individuals</del> <ins>patients</ins> 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. <ins>The
department shall not promulgate any rules or regulations or impose any excessive or
unnecessary fees relating to the issuance of registration cards that would unduly burden
access to medical cannabis or products by patients and caregivers.
</ins> (d) The department shall issue a registration card to any <del>individual</del> <ins>patient</ins> 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 <del>low THC oil</del> <ins>medical cannabis</ins> as treatment. The department shall issue
a registration card to a caregiver <del>when the circumstances warrant the issuance of such card
</del> <ins>on behalf of a patient if such individual or entity meets the criteria in subparagraph (A),
(B), or (C) of paragraph (2) of subsection (a) of this Code section with respect to such
patient.</ins> 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</ins> and physicians shall be required
to be treating such <del>individual</del> <ins>patient</ins> for the specific condition requiring such treatment or
be treating such <del>individual</del> <ins>patient</ins> 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 <del>as being diagnosed with a specific condition that requires the use of low THC
oil as treatment.</del> A registration card issued pursuant to this Code section shall be valid for
five years from the date of issuance <ins>regardless of the patient's nonuse</ins> so long as the
<del>individual</del> <ins>patient</ins> or caregiver remains eligible for receipt of such card based on <ins>an annual
certification of</ins> the continued diagnosis of such <del>individual</del> <ins>patient</ins> with a condition;
<ins>provided, however, that patients with incurable or irreversible conditions shall not be
subject to such annual certifications.</ins> <del>If the individual or caregiver requests delivery of the
registration card, the department shall deliver such card either via certified mail or by
secure electronic means, including email.</del> <ins>The department shall issue an electronic
registration card, physical registration card, or both, at the sole election of each patient or
caregiver; provided, however, that the issuance of electronic registration cards shall be
subject to appropriations. Electronic registration cards shall allow for immediate purchase
of medical cannabis or products upon receipt of an eligible application for a registration
card.
</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</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 <del>an individual</del> <ins>a patient</ins> or caregiver registered pursuant to this
Code section for information related to the <del>individual</del> <ins>patient</ins> 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 <del>registered</del> <ins>the
patient authorized to possess and use such registration card</ins> pursuant to this Code
section; or
(B) Determining that an individual in possession of <del>low THC oil</del> <ins>medical cannabis</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) <del>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)</del> 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.</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.