SR 427: Senate Study Committee on Intoxicating Cannabinoids in Consumable Hemp Products; create

Senate Resolution 427

By: Senators Kirkpatrick of the 32nd, Watson of the 11th, Cowsert of the 46th, Robertson of the 29th, Halpern of the 39th and others

ADOPTED SENATE

A RESOLUTION

Creating the Senate Study Committee on Intoxicating Cannabinoids in Consumable Hemp Products; and for other purposes.

WHEREAS, in 2018, Congress passed and the President signed into law the Agriculture Improvement Act of 2018, Public Law 115-334 (2018 Farm Bill), which authorized the production of hemp and removed hemp from the federal schedule of controlled substances; and

WHEREAS, through the Georgia Hemp Farming Act, approved May 10, 2019 (Ga. L. 2019, p. 1030), the General Assembly authorized the production of hemp in Georgia in accordance with the federal 2018 Farm Bill; and

WHEREAS, the definition of hemp in the federal 2018 Farm Bill and the Georgia Hemp Farming Act limits the amount of delta-9-tetrahydrocannabinol (delta-9-THC) that may be present in hemp, but neither Act provides limits on other isomers of delta-9-THC or other cannabinoids; and

WHEREAS, by an Act of the General Assembly, approved April 30, 2024 (Ga. L. 2024, p. 455), the General Assembly provided regulations on the production and sale of consumable hemp products, but did not provide restrictions on isomers of delta-9-THC or other potentially intoxicating cannabinoids; and

WHEREAS, since passage of the 2018 Farm Bill and the Georgia Hemp Farming Act, it has been discovered that many other substances derived from the cannabis plant beyond delta-9-THC may be intoxicating and may have serious side effects. Such substances include, but are not limited to, delta-8-tetrahydrocannabinol (delta-8-THC), delta-10-tetrahydrocannabinol (delta-10-THC), delta-11-tetrahydrocannabinol (delta-11-THC), tetrahydrocannabinolic acid (THCA), exo-tetrahydrocannabinol (exo-THC), THC-O-acetate (THC-OA), THC-O-phosphate (THC-O), tetrahydrocannabiphorol (THCP), tetrahydrocannabivarin (THCV), tetrahydrocannabihexol (THCH), tetrahydrocannabioctyl (THCJD), tetrahydrocannabutol (THCB), cannabinol (CBN), and hexahydrocannabinol (HHC); and

WHEREAS, the lack of restrictions on such substances have led to intoxicating and potentially dangerous consumable hemp products being readily available in Georgia and consumed at alarming rates; and

WHEREAS, the General Assembly intends to provide restrictions on such substances and other intoxicating cannabinoids so as to protect the citizens of this state from such intoxicating and potentially dangerous substances. However, the General Assembly desires to provide those in the consumable hemp industry, government agencies, law enforcement officers, and members of the public the opportunity to provide comment on such potential restrictions before they are enacted so as to understand the need for such restrictions, how such restrictions should be implemented, and the impact such restrictions may have on the hemp industry in Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE:

(1) Creation of Senate study committee. There is created the Senate Study Committee on Intoxicating Cannabinoids in Consumable Hemp Products.

(2) Members and officers. The committee shall be composed of five members of the Senate to be appointed by the President of the Senate. The President of the Senate shall designate a member of the committee as chairperson of the committee.

(3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate.

(4) Meetings. The chairperson shall call all meetings of the committee. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution.

(5) Allowances, expenses, and funding.

(A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated.

(B) The allowances and expenses authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate.

(6) Report.

(A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the chairperson shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph.

(B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the chairperson shall file the report, subject to subparagraph (C) of this paragraph.

(C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Secretary of the Senate.

(D) In the absence of an approved report, the chairperson may file with the Secretary of the Senate copies of the minutes of the meetings of the committee in lieu thereof.

(7) Abolishment. The committee shall stand abolished on December 31, 2025.