---
title: O.C.G.A. § 2-23-8. Sampling and random testing of hemp.
collection: code
id: 2-23-8
cite_as: O.C.G.A. § 2-23-8 (2025)
canonical_url: https://georgiacommons.org/code/2-23-8
md_url: https://georgiacommons.org/code/2-23-8.md
text_url: https://georgiacommons.org/code/2-23-8/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t1-3-(v3)-pdf.pdf?sfvrsn=d5cb9302_0#page=97
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/2-23.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: AGRICULTURE / HEMP FARMING
---

# O.C.G.A. § 2-23-8. Sampling and random testing of hemp.

(a)(1) The department shall have the right, either through its own personnel or through an independent contractor as provided for in Code Section 2-23-9, to collect samples of hemp for testing as provided for in this chapter from the fields and greenhouses of all hemp grower licensees. Samples shall be representative of each lot with the same global positioning coordinates. No hemp shall be harvested until such samples are collected. Such testing, and the harvesting of the hemp tested, shall be conducted in compliance with this chapter and with regulations promulgated by the department.

(2) In the event that a test reveals that a sample of hemp has a total delta-9-THC concentration that exceeds the legal limit, the licensee’s entire lot with the same global positioning coordinates shall be disposed of in compliance with this chapter and with regulations promulgated by the department.

(b)(1) The department shall, as provided for in Code Section 2-23-9, randomly test hemp products of the facilities of all permittees. Such testing shall be conducted in compliance with this chapter and with regulations promulgated by the department.

(2) In the event that a test reveals that a sample of hemp products has a total delta-9-THC concentration that exceeds the legal limit, all related hemp products shall be disposed of in compliance with this chapter and with regulations promulgated by the department.

(3) In the event that THC is removed from hemp during processing and not subsequently returned to hemp products produced from such hemp, such THC shall be disposed of in compliance with this chapter and with regulations promulgated by the department.

## History

Code 1981, § 2-23-8, enacted by Ga. L. 2019, p. 1030, § 1/HB 213; Ga. L. 2020, p. 292, § 6/HB 847; Ga. L. 2021, p. 606, § 7/HB 336; Ga. L. 2024, p. 455, § 12/SB 494, effective October 1, 2024.

## Amendments

The 2020 amendment, effective July 22, 2020, rewrote this Code section.

The 2021 amendment, effective May 7, 2021, substituted “lot” for “crop” in the second sentence of paragraph (a)(1) and in the first sentence of paragraph (a)(2); and substituted “disposed of” for “destroyed” in the middle of paragraphs (a)(2), (b)(2), and (b)(3).

The 2024 amendment, effective October 1, 2024, inserted “hemp grower” near the end of the first sentence in paragraph (a)(1); in paragraph (a)(2), substituted “reveals that a sample of hemp has a total delta-9-THC concentration that exceeds the legal limit” for “sample reveals a delta-9-THC concentration of more than the federally defined THC level for hemp”; and, in paragraph (b)(2), substituted “reveals that a sample of hemp products has a total delta-9-THC concentration that exceeds the legal limit” for “sample reveals a delta-9-THC concentration of more than the federally defined THC level for hemp”.