HB1248: HB1248 Georgia Cannabis Freedom and Integrity Act; enact

26 LC 48 1683 House Bill 1248 By: Representatives Jackson of the 68 th, Bell of the 75 th, Mitchell of the 88th, Clark of the 108th, and Park of the 107th A BILL TO BE ENTITLED AN ACT To amend Title 16 of the Official Code of Georgia Annotated, re lating to crimes and1 offenses, so as to provide for the regulation, licensure, taxat ion, and use of cannabis; to2 provide for legislative findings and purpose; to provide for de finitions; to provide for the3 decriminalization of certain amounts of cannabis; to provide for the legalization of cannabis;4 to provide for taxation; to provide for limitations; to authori ze counties and municipal5 corporations to adopt certain ordinances; to amend Code Section 36-1-20 of the Official6 Code of Georgia Annotated, relating to ordinances for governing and policing of7 unincorporated areas of county, so as to authorize counties to adopt ordinances governing8 and punishing the possession of two ounces or less of marijuana; to provide for a short title;9 to provide for related matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "Georgia Cannabis Freedom and Integrity13 Act."14 H. B. 1248 - 1 - 26 LC 48 1683 SECTION 2.15 The General Assembly finds that:16 (1) Offenses regarding cannabis have left a fragmented legal l andscape, which creates17 confusion for law enforcement, businesses, and private citizens;18 (2) A transparent, predictable, and responsible environment th at protects public health,19 addresses historical injustices, and allows for the responsible growth of a new industry will20 create jobs and generate significant tax revenue for the state;21 (3) A safe, regulated, and comprehensive legal framework for the cultivation, processing,22 testing, transportation, sale, and use of cannabis and products made with cannabis is23 needed; and24 (4) The purpose of this Act is to ensure public safety, promote economic development, and25 provide clarity and consistency in the law.26 SECTION 3.27 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is28 amended in Chapter 12, relating to offenses against public heal th and morals, by adding a29 new article to read as follows:30 "ARTICLE 1131 16-12-300.32 As used in this article, the term:33 (1) 'Cannabis' means all parts of the plant Cannabis sativa L., whether growing or not;34 the seeds thereof; the resin extracted from any part of such plant; and every compound,35 manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. 36 Such term does not include industrial hemp or low THC oil.37 H. B. 1248 - 2 - 26 LC 48 1683 (2) 'Decriminalization' means the reduction of criminal penalti es for possessing a38 controlled substance in small amounts, typically for personal use, from a criminal offense39 to a civil infraction or a nonjailable offense, such as a fine. The substance remains illegal,40 and no legal market is established for its sale, distribution, or cultivation.41 (3) 'Industrial hemp' means the plant Cannabis sativa L. and a ny part of such plant,42 including the seeds thereof and all derivatives, extracts, cann abinoids, isomers, acids,43 salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol44 concentration of not more than 0.3 percent on a dry weight basis. Such term aligns with45 the 2018 Federal Farm Bill and existing laws of this state to ensure continuity for farmers46 and businesses already operating in the hemp industry, while also clearly differentiating47 it from regulated cannabis.48 (4) 'Legalization' means the complete removal of criminal pena lties for a substance,49 enabling the establishment of a re gulated, taxed, and legal mar ket for its production,50 distribution, and sale. Such term includes the right for individuals to possess, cultivate,51 and consume the substance in accordance with the specific regul ations of the law, and52 establishes a regulatory framework, ensuring product safety through mandatory testing53 and consumer protection measures.54 (5) 'Low THC oil' has the same meaning as set forth in Code Section 16-12-190. 55 16-12-301.56 There is established the Georgia Cannabis Commission which is a n independent state57 agency responsible for the oversight of the cannabis market. T he commission shall be58 responsible for:59 (1) Licensing and regulating cannabis cultivation facilities, products made with cannabis60 manufacturing facilities, cannabis testing laboratories, and cannabis dispensaries. The61 commission shall develop a tiered licensing system to encourage participation from small62 H. B. 1248 - 3 - 26 LC 48 1683 businesses and to ensure market diversity, prioritizing license s for small-scale farmers63 and businesses in communities disproportionately impacted by past cannabis arrests;64 (2) Establishing and enforcing public health and safety standards for all products made65 with cannabis, including mandatory testing for pesticides, heav y metals, mold, and66 potency. No product made with cannabis may be sold in this state without first passing67 testing by a state licensed laboratory as prescribed by the commission to ensure consumer68 safety;69 (3) Implementing a robust tracking system to prevent the diver sion of products made70 with cannabis to the illegal market and ensure a transparent supply chain that shall track71 cannabis growth from its initial cultivation to its final sale at a licensed dispensary using72 unique identifiers for each product batch; and73 (4) Issuing and enforcing all rules and regulations necessary to carry out the provisions74 of this article, including a requirement for a public education campaign on the responsible75 use of cannabis, the dangers of impaired driving, and the risks of underage consumption.76 16-12-302.77 (a) The commission shall be composed of nine members as follows:78 (1) Three members to be appointed by the Governor, each of whom shall be a part of the79 cannabis industry and shall not be a member of the General Assembly and one of whom80 shall serve as chairperson of the commission;81 (2) Three members of the House of Representatives, to be appointed by the Speaker of82 the House of Representatives; and83 (3) Three members of the Senate, to be appointed by the President of the Senate.84 (b) The Governor, Speaker of the House of Representatives, and President of the Senate85 shall appoint the first members of the commission pursuant to subsection (a) of this Code86 section by August 1, 2026.87 H. B. 1248 - 4 - 26 LC 48 1683 (c) Each member of the commission shall be a full-time residen t of this state and shall88 serve a term of three years and until the appointment of his or her successor. Successor to89 the initial appointees shall be appointed in the manner as such initial appointees and any90 vacancy within the commission shall be filled for the remainder of the unexpired term in91 the same manner as the initial appointment. Each member of the commission shall be92 eligible to succeed himself or herself; provided, however, that no member shall serve more93 than two consecutive terms on the commission.94 (d) Members of the commission shall serve without compensation but shall be allowed95 actual and necessary expenses in the performance of their duties. Legislative members of96 the commission shall receive the allowances provided for in Cod e Section 28-1-8. 97 Nonlegislative citizen members of the commission shall receive a daily expense allowance98 in the amount specified in subsection (b) of Code Section 45-7-21, as well as the mileage99 or transportation allowance authorized for state employees. The funds necessary for the100 reimbursement of expenses and allowances of any member of the commission shall come101 from funds appropriated to or otherwise available to the commission.102 16-12-303.103 Any person 21 years of age or older may:104 (1) Possess up to two ounces of cannabis and up to 10 grams of cannabis concentrates;105 and106 (2) Cultivate up to three mature cannabis plants for personal use in an enclosed space.107 16-12-304.108 (a) Current state law relative to low THC oil shall be expande d to include all products109 made with cannabis, including flowers, edibles, tinctures, and concentrates, as110 recommended by a licensed physician for a qualifying medical condition.111 H. B. 1248 - 5 - 26 LC 48 1683 (b) The Georgia Cannabis Commission shall oversee and issue pa tient and caregiver112 registry cards, ensuring that patients have access to a range of products made with cannabis113 for treatment.114 16-12-305.115 (a) A state excise tax of 15 percent shall be imposed on the retail sale of all cannabis and116 products made with cannabis.117 (b) All tax revenue collected under this article shall be distributed as follows:118 (1) Twenty percent to the Georgia Department of Public Health for substance abuse119 prevention, treatment, and education programs, with a focus on evidence based strategies120 to discourage youth use. Such funds shall support school based prevention programs,121 addiction treatment centers, and public awareness campaigns;122 (2) Ten percent to the Department of Revenue for the administr ation and enforcement123 of this article, ensuring the commission has the necessary funding to regulate the industry124 effectively, including conducting inspections and investigations;125 (3) Ten percent to a social equity fund for grants and loans t o individuals and126 communities disproportionately harmed by past cannabis prohibition. Such fund shall127 support programs, including business development assistance, expungement clinics for128 low level cannabis offenses, and job training programs to help individuals enter the legal129 cannabis industry; and130 (4) Sixty percent shall be deposited in the state's general fu nd, to be used for essential131 state services such as infrastructure, education, public safety, and critical state programs.132 16-12-306.133 (a) It shall remain a criminal offense to operate a motor vehi cle or watercraft under the134 influence of cannabis as provided in Code Section 52-7-12. The G e o r g i a B u r e a u o f135 Investigation shall work with the Department of Public Safety t o establish scientifically136 H. B. 1248 - 6 - 26 LC 48 1683 sound impairment thresholds and roadside testing protocols that accurately determine137 impairment, rather than merely the presence of products made with cannabis.138 (b) Consuming cannabis in public places, including parks, sidewalks, retail establishments,139 and public school grounds is prohibited pursuant to Code Section 16-11-41. 140 (c) Products made with cannabis shall be sold in child resistant, tamper evident packaging141 and shall not be designed to appeal to minors such as in the fo rm of cartoons or popular142 candies. All such products shall also include clear, standardi zed labeling with potency143 information, a list of ingredients, and a prominent health warn ing about the risks and144 responsible use of cannabis.145 (d) The commission shall have the authority to suspend or revo ke the license of any146 business that violates the provisions of this article, with penalties scaled to the severity and147 frequency of the violation. For minor infractions, the commiss ion may issue fines or148 warnings and for repeated viola tions, such as selling to minors or operating without a149 license, the commission may revoke the business's license entirely."150 SECTION 4.151 Said title is further amended in Code Section 16-13-2, relating to conditional discharge for152 possession of controlled substances as first offense and certain nonviolent property crimes,153 dismissal of charges, and restitution to victims, by revising subsection (b) as follows:154 "(b) Except as provided in Code Sections 36-1-20 and 36-32-6, Notwithstanding any law155 to the contrary, any person who is charged with possession of marijuana, which possession156 is of one ounce two ounces or less, shall be guilty of a misdemeanor and punished by157 imprisonment confinement for a period not to exceed 12 months or a fine not to exceed158 $1,000.00, or both, or public works not to exceed 12 months."159 H. B. 1248 - 7 - 26 LC 48 1683 SECTION 5.160 Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for161 governing and policing of unincorporated areas of county, is am ended by adding a new162 subsection to read as follows:163 "(e) The governing authority of each county is authorized to adopt ordinances governing164 the possession of two ounces or less of marijuana within the unincorporated areas of the165 county. Violation of such ordinances may be punished by fines, and each such ordinance166 shall specify the maximum punishment which may be imposed for a violation of the167 ordinance. In no case shall the maximum punishment for the vio lation of any such168 ordinance exceed a fine of $1,000.00. Any fines and bond forfe itures arising from the169 prosecution of such cases shall be retained by the county and shall be paid into the treasury170 of such county."171 SECTION 6.172 All laws and parts of laws in conflict with this Act are repealed.173 H. 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