2-23-4.1. Hemp processing; handling; sales; manufacture; testing and analysis.

Except as provided in subsection (b) of this Code section, it shall be unlawful for any person:#

1. (1)

   To process hemp in this state unless such person holds a processing permit issued by the department or is employed by a permittee;#

2. (2)

   To handle hemp in this state unless such person holds a hemp grower license, a processing permit, or a manufacturer license issued by the department or has registered with the department as a registered laboratory or is employed by a person who holds such a license or who has registered with the department as a registered laboratory;#

3. (3)

   To sell or offer for sale any consumable hemp product in this state to consumers unless such person holds a retail consumable hemp establishment license issued by the department or is employed by a person who holds such a license;#

4. (4)

   To sell or offer for sale any consumable hemp product in this state to retail consumable hemp establishment licensees or other retail establishments unless such person holds a wholesale consumable hemp license issued by the department or is employed by a person who holds such a license;#

5. (5)

   To manufacture hemp products in this state unless such person holds a manufacturer license issued by the department or is employed by a person who holds such a license; or#

6. (6)

   Perform in this state tests or analyses of any plant within the genus Cannabis, including but not limited to hemp, or any product made or derived from such plant, including but not limited to hemp products and consumable hemp products, unless such person has registered with the department as a registered laboratory or is employed by a person who has registered with the department as a registered laboratory.#

The prohibitions contained in paragraphs (2) and (6) of subsection (a) of this Code section shall not apply to a college or university authorized to conduct research pursuant to Code Section 2-23-4 or a person assisting such college or university with such research pursuant to Code Section 2-23-4.#

1. (1)

   Any person who violates any provision of subsection (a) of this Code section shall:#

   1. (A)

      Be guilty of a misdemeanor for a first offense; and#

   2. (B)

      For a second or subsequent offense, be guilty of a misdemeanor of a high and aggravated nature.#

2. (2)

   Each violation of any provision of subsection (a) of this Code section shall constitute a separate offense.#

In addition to the criminal penalties provided for in subsection (c) of this Code section, any person who violates any provision of subsection (a) of this Code section shall be subject to a civil penalty of not more than $5,000.00 for each violation. The amount of the civil penalty imposed pursuant to this subsection shall be fixed by the Commissioner after notice and hearing as provided in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” for contested cases. For purposes of this subsection, each day a violation of subsection (a) of this Code section occurs or continues shall constitute a separate violation.#