reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 7 - SALE OR DISTRIBUTION TO, OR POSSESSION BY, MINORS OF CIGARETTES, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS AND VAPOR PRODUCTS (§§ 16-12-170 — 16-12-176) › Section 16-12-174 - Distribution of tobacco product samples

(a)
As used in this Code section, the term "tobacco product sample" means a cigarette, tobacco product, alternative nicotine product, or vapor product distributed to members of the general public at no cost for purposes of promoting the product.
(b)
It shall be unlawful for any person to distribute any tobacco product sample to any individual under the age of 21 years.
(c)
A person distributing tobacco product samples shall require proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that such prospective recipient may be under the age of 21 years.
(d)
It shall be unlawful for any individual who has not attained the age of 21 years to receive or attempt to receive any tobacco product sample.
(e)
No person shall distribute tobacco product samples on any public street, sidewalk, or park within 500 feet of any school or playground when those facilities are being used primarily by individuals under the age of 21 years.
(f)
A violation of subsection (b), (c), or (e) of this Code section shall be punished as a misdemeanor. A violation of subsection (d) of this Code section shall be punished as provided for in paragraph (2) of subsection (b) of Code Section
16-12-171
.
Amended by 2020 Ga. Laws 483,§ 1, eff. 7/22/2020.
Amended by 2014 Ga. Laws 491,§ 5, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 7 - SALE OR DISTRIBUTION TO, OR POSSESSION BY, MINORS OF CIGARETTES, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS AND VAPOR PRODUCTS (§§ 16-12-170 — 16-12-176) › Section 16-12-175 - Enforcement actions; collection and report of fines; inspections by law enforcement agencies; annual report

(a)
The provisions of this article, inclusive, shall be enforced through actions brought in any court of competent jurisdiction by the prosecuting attorney for the county in which the alleged violation occurred as well as through administrative citations issued by special agents or enforcement officers of the state revenue commissioner. Any fine collected for a violation of said provision shall be paid to the clerk of the court of the jurisdiction in which the violation occurred. Upon receipt of a fine for any violation of said provision, the clerk shall promptly notify the state revenue commissioner of the violation.
(b)
The state revenue commissioner, acting through special agents or enforcement officers, shall annually conduct random, unannounced inspections at locations where cigarettes, tobacco products, alternative nicotine products, or vapor products are sold or distributed to ensure compliance with this article. Individuals under the age of 21 years may be enlisted to test compliance with this article; provided, however, that such individuals may be used to test compliance with this article only if the testing is conducted under the direct supervision of such special agents or enforcement officers and written parental consent for any individual under the age of 18 years has been provided. Any other use of individuals under the age of 21 years to test compliance with this article or any other prohibition of like or similar import shall be unlawful, and the person or persons responsible for such use shall be subject to the penalties prescribed in this article. The state revenue commissioner shall prepare annually for submission by the Governor to the secretary of the United States Department of Health and Human Services the report required by Section 1926 of Subpart I of Part B of Title XIX of the federal Public Health Service Act,
42 U.S.C. 300x-26
.
Amended by 2020 Ga. Laws 483,§ 1, eff. 7/22/2020.
Amended by 2014 Ga. Laws 491,§ 6, eff. 7/1/2014.
Amended by 2011 Ga. Laws 245,§ 16, eff. 5/13/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 7 - SALE OR DISTRIBUTION TO, OR POSSESSION BY, MINORS OF CIGARETTES, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS AND VAPOR PRODUCTS (§§ 16-12-170 — 16-12-176) › Section 16-12-176 - Administration and enforcement

The state revenue commissioner shall administer and enforce this article and may make reasonable rules and regulations for its administration and enforcement. The state revenue commissioner may designate employees of the Department of Revenue for the purpose of administering and enforcing this article and may delegate to employees of such department any of the duties required of the state revenue commissioner pursuant to this article.
Amended by 2020 Ga. Laws 483,§ 1, eff. 7/22/2020.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 8 - LOW THC OIL (§§ 16-12-190 — 16-12-191) › Section 16-12-190 - Definition

As used in this article, the term "low THC oil" means an oil that contains an amount of cannabidiol and not more than 5 percent by weight of 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. Such term shall not mean products approved by the federal Food and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act.
Amended by 2021 Ga. Laws 141,§ 1, eff. 7/1/2021.
Amended by 2016 Ga. Laws 603,§ 1, eff. 5/3/2016.
Added by 2015 Ga. Laws 20,§ 1-2, eff. 4/16/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 1 - GENERAL PROVISIONS (§§ 16-12-200 — 16-12-207) › Section 16-12-201 - Prohibition against producing, growing, manufacturing, or dispensing low THC oil or products

Except as otherwise provided in this article, it shall be unlawful for any person in this state to produce, grow, manufacture, or dispense low THC oil or any products related to its production in this state.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 1 - GENERAL PROVISIONS (§§ 16-12-200 — 16-12-207) › Section 16-12-202 - Creation of Georgia Access to Medical Cannabis Commission; terms; designation; meetings; vacancy; compensation

(a)
There is created the Georgia Access to Medical Cannabis Commission which is assigned to the Secretary of State for administrative purposes only, as prescribed in Code Section
50-4-3
. The commission shall consist of seven members who shall be appointed as follows:
(1)
Three members appointed by the Governor;
(2)
Two members appointed by the Lieutenant Governor; and
(3)
Two members appointed by the Speaker of the House of Representatives.
(b)
Members shall serve four-year terms of office. The Governor shall designate one of his or her appointees as the chairperson.
(c)
The commission shall meet upon the call of the chairperson or upon the request of three members. The commission shall organize itself as it deems appropriate and may elect additional officers from among its members.
(d)
Any vacancy on the commission shall be filled for the unexpired term by appointment by the original appointing authority.
(e)
Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 1 - GENERAL PROVISIONS (§§ 16-12-200 — 16-12-207) › Section 16-12-205 - [Repealed and reserved]

Amended by 2021 Ga. Laws 141,§ 5, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 1 - GENERAL PROVISIONS (§§ 16-12-200 — 16-12-207) › Section 16-12-207 - Establishment of Medical Cannabis Commission Oversight Committee; membership; inspections; provision of information; plan for accredited lab testing; patient and physician input

(a)
The General Assembly shall establish a Medical Cannabis Commission Oversight Committee with two members appointed by the Lieutenant Governor and two members appointed by the Speaker of the House of Representatives. Any member of the Medical Cannabis Commission Oversight Committee shall be permitted to inspect any production facility upon request and after reasonable notice is provided to the production facility.
(b)
The commission shall promptly provide any document or information requested by the oversight committee that is in its possession, provided that the commission shall not share documents containing data identifying individual patients or physicians, information marked as trade secrets by applicants or licensees, information that in the view of the commission would interfere with an ongoing licensing applicant selection process, or information that in the judgment of the commission would create law enforcement or security risks to the citizens of Georgia.
(c)
No later than August 1, 2021, the oversight committee shall recommend to the commission a process and plan for providing accredited lab testing of products produced by licensees and for labeling such products. The commission shall consider the recommendations of the oversight committee in adopting policies, procedures, and regulations regarding such testing and labeling.
(d)
The oversight committee may regularly seek input from patients and physicians as to the availability and quality of products produced pursuant to this chapter, and recommend to the commission changes to policies, procedures, and regulations to improve availability and quality. The commission shall consider such recommendations in adopting policies, procedures, and regulations.
Amended by 2021 Ga. Laws 141,§ 7, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-210 - Powers, duties, and responsibilities of Commission; no undue burden on patients; remission of fees

(a)
The commission shall have the following powers, duties, and responsibilities to implement the provisions of this part:
(1)
Issue licenses related to the production, growing, and manufacturing of low THC oil and products in accordance with the provisions of this part;
(2)
Coordinate with the Georgia Bureau of Investigation to implement security plans and enforce the provisions of this part;
(3)
Establish procedures for granting licenses, testing products, and inspecting facilities;
(4)
Establish requirements and procedures to ensure quality control, security, and oversight of all low THC oil and product production in this state, including, but not limited to, conducting testing for purity and dosage levels and verifying that product labels accurately reflect product content. The commission is authorized to contract with private laboratories to perform the functions described in this paragraph;
(5)
Establish procedures and ensure sufficient resources are available to receive and resolve complaints from registered patients;
(6)
Establish applications and forms necessary to carry out the provisions of this part;
(7)
Establish criteria for applicants and licensees as necessary to ensure market stability and adequate supply;
(8)
Provide for the selection, implementation, and oversight of tracking systems;
(9)
Provide oversight of licensee reporting, data collection, and analysis;
(10)
Establish requirements and procedures for marketing and signage; and
(11)
Promulgate rules and regulations and adopt policies and procedures necessary to carry out the provisions of this part.
(b)
The commission shall not promulgate any rules or regulations that would unduly burden access to low THC oil or products by registered patients.
(c)
All fees collected by the commission shall be remitted to the general fund of the state treasury.
Amended by 2021 Ga. Laws 141,§ 8, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-214 - Study on minority and women participation; addressing discrimination

(a)
Beginning January 1, 2022, the commission shall undertake a retrospective study of the participation of minority and women owned businesses as licensees under this part for the period from January 1, 2020, through December 31, 2021. Thereafter, the commission shall conduct such study every four years for the immediately preceding four-year period.
(b)
The initial and subsequent studies conducted pursuant to subsection (a) of this Code section shall identify any proof of discrimination based on race or gender in the issuance of licenses under this part.
(c)
In the event that any proof of discrimination based on race or gender in the issuance of licenses under this part is identified, the commission shall be authorized to address such proof of discrimination by:
(1)
Issuing one additional Class 1 production license and two additional Class 2 production licenses to minority and women owned businesses;
(2)
Reissuing any licenses that have been surrendered or revoked to minority or women owned businesses; or
(3)
A combination of the above.
(d)
This Code section shall not require the commission to issue a license to any applicant unless such applicant otherwise meets all requirements for licensure under this part.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-215 - Limitation on locations; advertising or marketing prohibited; information available to physicians

(a)
No licensee shall operate in any location, whether for cultivation, harvesting, and processing of marijuana or for processing, manufacturing, packaging, or distributing low THC oil or products, within a 3,000 foot radius of a covered entity, measured from property boundary to property boundary. 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. 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)
No licensee shall advertise or market low THC oil or products to registered patients or the public; provided, however, that a licensee shall be authorized to provide information regarding its low THC oil and products directly to physicians.
Amended by 2021 Ga. Laws 141,§ 12, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-216 - Bureau of Investigation, Access to Medical Cannabis Commission, and Composite Medical Board to jointly establish procedures to ensure compliance

The Georgia Bureau of Investigation shall be responsible for investigating any alleged criminal activities related to the activities of the licensees, and shall work with the commission and the Georgia Composite Medical Board to develop procedures to ensure that all activities of licensees are conducted in accordance with this part and the laws of this state. In addition to other powers and duties, the Georgia Bureau of Investigation, the commission, and the Georgia Composite Medical Board shall jointly establish procedures to ensure that no activities conducted under this part result in the illegal or recreational use of low THC oil, products, or manufacturing by-products and jointly establish any other procedures necessary to carry out its duties and responsibilities pursuant to this part.
Amended by 2021 Ga. Laws 141,§ 13, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-217 - On-demand access to facilities; provision of samples; testing; secured transportation

(a)
All licensees shall provide on-demand access to facilities for inspection when requested by the Georgia Bureau of Investigation, the commission, or the local law enforcement agency for the jurisdiction in which the facility is located. The commission and the Georgia Drugs and Narcotics Agency may each conduct one annual inspection. Upon request by the Georgia Bureau of Investigation, the commission, the Georgia Drugs and Narcotics Agency, or the local law enforcement agency for the jurisdiction in which the facility is located, a licensee shall immediately provide product samples for the purposes of laboratory testing.
(b)
Each Class 1 production licensee and Class 2 production licensee shall contract with a laboratory on the commission's approved list of independent laboratories, subject to any requirements set by the commission, for purposes of testing low THC oil and products manufactured by such licensees. Low THC oil and products shall be analyzed for potency, foreign matter, microbial presence, pesticides, heavy metals, and residual solvents. The commission shall establish limits for each item tested to verify that such low THC oil and products meet the requirements of this part. The commission shall promulgate rules and regulations governing the operations of laboratories for the testing of low THC oil and products. The costs of laboratory testing shall be paid by the licensees. Each low THC oil product shall be required to pass all requirements established by the commission before being distributed. Products that do not pass the commission's requirements shall be destroyed by the licensee and proof of such destruction shall be sent to the commission upon request.
(c)
This Code section shall not apply to intrafacility transportation of low THC oil or products; provided, however, that licensees engaging in such transportation shall maintain secured transportation and tracking of product delivery.
Amended by 2021 Ga. Laws 141,§ 14, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-218 - No eligibility for tax credit

A licensee shall not be eligible for any tax credit allowed pursuant to any of the following Code Sections: 48-7-29.8, 48-7-29.11, 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.5, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.12, 48-7-40.17, 48-7-40.18, 48-7-40.20, 48-7-40.21, 48-7-40.22, 48-7-40.24, 48-7-40.25, 48-7-40.26, 48-7-40.26A, 48-7-40.27, 48-7-40.28, 48-7-40.29, 48-7-40.30, 48-7-40.31, or 48-7-40.32.
Amended by 2024 Ga. Laws 701,§ 3, eff. 7/1/2024.
Amended by 2023 Ga. Laws 353,§ 7, eff. 7/1/2023.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-219 - Convicted felons prohibited from employment; exception

(a)
No individual convicted of a drug related felony shall be eligible to work as an employee of a licensee or otherwise participate in the business activities of a licensee conducted pursuant to this part unless the conviction has been expunged or the individual has been pardoned or had his or her civil rights restored.
(b)
No individual convicted of a nondrug related felony shall be eligible to work as an employee of a licensee or otherwise participate in the business activities of a licensee conducted pursuant to this part unless:
(1)
The conviction has been expunged or the individual has been pardoned or had his or her civil rights restored; or
(2)
(A)
The date of conviction is greater than ten years old; and
(B)
The individual:
(i)
Has been released from incarceration for at least five years; or
(ii)
Agrees to submit to weekly drug screenings.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-220 - Confidential nature of data; exclusion; patient privacy

(a)
All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commission pursuant to the activities conducted pursuant to this part, other than information published in an official commission report regarding the activities conducted pursuant to this article, shall be confidential data and shall not be subject to Article 4 of Chapter 18 of Title 50; provided, however, that any contract, memorandum of understanding, or cooperative endeavor agreement entered into by the commission pursuant to this article shall be subject to Article 4 of Chapter 18 of Title 50.
(b)
In no event shall the commission disclose any information that would reveal the identity or health information of any registered patient or violate the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-221 - Contracts for initial licenses awarded through bids or proposals; minimum contract terms and renewals; subcontracting; giving or receiving things of value limited

(a)
The commission shall grant initial licenses under this part pursuant to contracts awarded through competitive sealed bids or competitive sealed proposals as provided for in Article 3 of Chapter 5 of Title 50. After issuance of two initial Class 1 production licenses pursuant to Code Section
16-12-211
and four initial Class 2 production licenses pursuant to Code Section
16-12-212
, and in the event that the commission revokes a Class 1 or Class 2 production license, a Class 1 or 2 production license is surrendered for any reason, or the commission issues an additional Class 1 production license pursuant to Code Section
16-12-214
, the commission shall be authorized to issue any replacement Class 1 or Class 2 production licenses in accordance with rules and regulations established by the commission for such purpose. Such rules and regulations shall not otherwise conflict with this article, and to the extent practicable, such rules and regulations shall incorporate provisions and processes similar to Article 3 of Chapter 5 of Title 50.
(b)
Any contract for a license awarded pursuant to this subsection shall not be for less than five years and may contain provisions for automatic renewal.
(c)
No licensee shall subcontract for services for the cultivation or processing in any way of marijuana if the subcontractor, or any of the service providers in the chain of subcontractors, is owned wholly or in excess of 5 percent by any state employee or member of a state employee's immediate family, including but not limited to any legislator, state-wide public official, or employee of a designated university. For purposes of this subsection, the term "immediate family member" means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent.
(d)
No licensee shall give or receive anything of value in connection with any contract, memorandum of understanding, or cooperative endeavor agreement executed pursuant to this part except the value that is expressed in the contract, memorandum of understanding, or cooperative endeavor agreement.
Amended by 2021 Ga. Laws 141,§ 15, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-222 - Transfer of ownership; appeals; meaning of license; transfer fees

(a)
No license issued under this part shall transfer ownership within five years of issuance.
(b)
All subsequent transfers of license ownership shall be approved by the commission to become valid. The commission shall not unreasonably withhold approval of a license transfer when the parties adequately demonstrate that a proposed new owner satisfies all requirements necessary to obtain a license and that the transfer is in the best interest of registered patients in this state.
(c)
A licensee who has been denied transfer approval by the commission may file an appeal in the Superior Court of Fulton County in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(d)
A license issued pursuant to this article:
(1)
Is effective for a single business entity;
(2)
Vests no property or right in the holder of the license except to conduct the licensed business during the period the license is in effect;
(3)
Is nontransferable, nonassignable by and between owners or location owners and location operators, and not subject to execution; and
(4)
Expires upon the death of an individual holder of a license or upon the dissolution of any other holder of a license.
(e)
Upon the sale of a licensee's business in its entirety, the buyer shall pay to the commission, subject to approval, a transfer fee for the license that accompanies the business in the following amounts:
(1)
For the first sale of a:
(A)
Class 1 production license business, a transfer fee for the license in the amount of $100,000.00; and
(B)
Class 2 production license business, a transfer fee for the license in the amount of $12,500.00;
(2)
For the second sale of a:
(A)
Class 1 production license business, a transfer fee for the license in the amount of $150,000.00; and
(B)
Class 2 production license business, a transfer fee for the license in the amount of $62,500.00;
(3)
For the third sale of a:
(A)
Class 1 production license business, a transfer fee for the license in the amount of $200,000.00; and
(B)
Class 2 production license business, a transfer fee for the license in the amount of $112,500.00; and
(4)
For the fourth or subsequent sale of a:
(A)
Class 1 production license business, a transfer fee for the license in an amount to be established by the commission, which shall be not less than $200,000.00; and
(B)
Class 2 production license business, a transfer fee for the license in an amount to be established by the commission, which shall be not less than $112,500.00.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-223 - Revocation of license; appeal

(a)
A license shall be revoked by the commission if the licensee:
(1)
Holds ownership interest in more than one category of license issued under this article;
(2)
Knowingly employs individuals convicted of a felony within the previous ten years unless the conviction has been expunged or the individual has been pardoned or had his or her civil rights restored;
(3)
Utilizes pesticides other than pest management products that have been certified organic by the Organic Materials Review Institute or another similar standards organization;
(4)
Fails to comply with inspection and access requirements in accordance with this part;
(5)
Fails to be fully operational within 12 months of the date a license is awarded; or
(6)
Fails to comply with any other provision or requirement of this part.
(b)
A licensee whose license has been revoked by the commission may file an appeal in the Superior Court of Fulton County in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-224 - Limitation on ownership by member or former member of commission; limitation on physician's involvement; identification when contributing to political campaigns

(a)
No current member of the commission, or former member of the commission for a period of five years from the date such individual ceased to be a member, shall own, operate, have a financial interest in, or be employed by a low THC oil or product manufacturer or distributor, including any licensee under this part.
(b)
No physician who, presently or during the period of such business relationship, certifies individuals to the commission pursuant to Code Section
31-2A-18
for the use of low THC oil and products to treat certain conditions shall own, operate, have a financial interest in, or be employed by a low THC oil or product manufacturer or distributor, including any licensee under this part. This subsection shall not prohibit a physician from furnishing a registered patient or his or her caregiver, upon request, with the names of low THC oil and product manufacturers or distributors. Any physician violating this Code section shall be guilty of a misdemeanor.
(c)
A licensee that makes a campaign contribution pursuant to Article 2 of Chapter 5 of Title 21 shall identify itself as a licensee under this part to the recipient of such campaign contribution.
Amended by 2021 Ga. Laws 141,§ 16, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-225 - Criminal offenses; penalty

(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 low THC oil, 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 low THC oil, 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.
Amended by 2021 Ga. Laws 141,§ 17, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 2 - LICENSES RELATED TO PRODUCTION, GROWING, AND MANUFACTURING OF LOW THC OIL (§§ 16-12-210 — 16-12-226) › Section 16-12-226 - Sales and use taxes applicable

The sale of low THC oil and products authorized by this article shall be subject to all applicable sales and use taxes.
Amended by 2021 Ga. Laws 141,§ 18, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 3 - MISCELLANEOUS PROVISIONS (§§ 16-12-230 — 16-12-236) › Section 16-12-230 - Requirements for dispensing low THC oil and products

(a)
Low THC oil and products shall only be dispensed to registered patients in this state by a dispensing licensee or directly from the commission pursuant to this article.
(b)
A pharmacist who dispenses low THC oil 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 low THC oil or products to the registered patient.
Amended by 2021 Ga. Laws 141,§ 19, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 3 - MISCELLANEOUS PROVISIONS (§§ 16-12-230 — 16-12-236) › Section 16-12-231 - Exemptions from arrest, prosecutions, or penalty

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 low THC oil or products:
(1)
A registered patient who is in possession of an amount of low THC oil 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 low THC oil or products for treatment pursuant to Code Section
31-2A-18
;
(3)
A pharmacist or pharmacy that dispenses or provides low THC oil or products to a registered patient;
(4)
The commission or its employees or contractors associated with the production of low THC oil 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 low THC oil or products in accordance with this article; and
(6)
An employee, contractor, or agent of a licensee with proper identification associated with the production, manufacture, distribution, transport, or sale of low THC oil or products in accordance with this article.
Amended by 2021 Ga. Laws 141,§ 20, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 3 - MISCELLANEOUS PROVISIONS (§§ 16-12-230 — 16-12-236) › Section 16-12-232 - Reimbursement to state employees for counsel fees

A state employee is eligible for reimbursement for incurred counsel fees under Code Section
45-12-26
in the event of a federal criminal investigation or prosecution solely related to the employee's good faith discharge of public responsibilities under this article.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 3 - MISCELLANEOUS PROVISIONS (§§ 16-12-230 — 16-12-236) › Section 16-12-233 - Contracts not against public policy

It is the intent of the General Assembly that contracts related to the cultivation, harvesting, manufacturing, production, and distribution of cannabis solely for the manufacture of low THC oil or products pursuant to this article are not deemed contracts against public policy pursuant to Code Section
13-8-2
and shall be enforceable. No such contract shall be unenforceable on the basis that activities related to cannabis are prohibited by federal law.
Amended by 2021 Ga. Laws 141,§ 21, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 3 - MISCELLANEOUS PROVISIONS (§§ 16-12-230 — 16-12-236) › Section 16-12-234 - Unlawful ways to ingest low THC oil or products

It shall be unlawful to ingest low THC oil or products 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.
Amended by 2021 Ga. Laws 141,§ 22, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 3 - MISCELLANEOUS PROVISIONS (§§ 16-12-230 — 16-12-236) › Section 16-12-235 - Research in compliance with federal regulations

Notwithstanding anything to the contrary within this article, nothing herein shall be construed to prohibit the conduct of research involving low THC oil, cannabis, or products that is conducted in full accordance with federal regulations, including the regulations of the United States Food and Drug Administration and United States Drug Enforcement Administration by any university or nonprofit institution of higher education within the State of Georgia, provided that:
(1)
The university researchers conducting the research have the appropriate federal and state permits to acquire and use low THC oil, cannabis, or products in clinical or preclinical research; and
(2)
The substances used for such research are obtained from licensed pharmaceutical companies or through channels established by the United States government, such as the National Institute on Drug Abuse.
Amended by 2022 Ga. Laws 782,§ 16, eff. 5/2/2022.
Amended by 2021 Ga. Laws 141,§ 23, eff. 7/1/2021.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 3 - MISCELLANEOUS PROVISIONS (§§ 16-12-230 — 16-12-236) › Section 16-12-235.1 - Possession of THC oil and products by colleges and universities for research purposes; permitting requirements; inspection

(a)
The commission shall issue permits for colleges and universities located within the State of Georgia to possess limited quantities of low THC oil and products for purposes of conducting medical research via a bona fide partnership with a Class 1 or Class 2 licensee. Such permits shall be for a Georgia based college or university that:
(1)
Is a member of the University System of Georgia, or an independent college or university accredited by a higher education accrediting body with comparable academic standards to those utilized by member institutions of the University System of Georgia;
(2)
Has a campus that has been located at a physical location within the state for at least 20 years, and a full-time enrollment of at least 200 Georgia students during the past year;
(3)
Is proposing a research partnership that is, in the sole judgment of the commission, fully compliant with the laws of this article; and
(4)
Is proposing a research partnership that has been approved by the primary institutional review board located at such institution.
(b)
Any such permit issued pursuant to this Code section shall specify:
(1)
The individuals at the institution authorized to work with low THC oil;
(2)
The primary objectives of the research study;
(3)
The physical location on campus where the low THC oil will be stored, and security measures in place to prevent unauthorized use of such low THC oil;
(4)
The method of transporting low THC oil from a licensed production facility to the campus;
(5)
The method of returning low THC oil to a licensed production facility at the conclusion of the study; and
(6)
The beginning and end date of the study.
(c)
Any institution which receives a permit pursuant to this Code section shall provide on-demand access to facilities for inspection when requested by the Georgia Bureau of Investigation, the commission, or the local law enforcement agency for the jurisdiction in which the facility is located.
Added by 2021 Ga. Laws 141,§ 24, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 9 - PRODUCTION AND MANUFACTURE OF LOW THC OIL (§§ 16-12-200 — 16-12-236) › Part 3 - MISCELLANEOUS PROVISIONS (§§ 16-12-230 — 16-12-236) › Section 16-12-236 - Regulation by Department of Agriculture

The Georgia Department of Agriculture shall not regulate any activity authorized under this article. To the extent that the Department of Agriculture is authorized under any other law of this state to regulate any activity authorized by this article, including, but not limited to, the production process and seeds used by growers, such activities shall be exempt from regulation by the Department of Agriculture; provided, however, that all use of artificial pesticides regulated by the Department of Agriculture shall be banned.
Added by 2019 Ga. Laws 27,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 10 - [CONSUMABLE HEMP PRODUCT] (§§ 16-12-240 — 16-12-243) › Section 16-12-240 - [Effective 10/1/2024] [Definitions]

As used in this article, the term:
(1)
"Consumable hemp product" shall have the same meaning as provided in Code Section
2-23-3
.
(2)
"Person" means any natural person or any firm, partnership, company, corporation, or other entity.
(3)
"Proper identification" means any document issued by a governmental agency that contains a description of an individual, such individual's photograph, or both; provides such individual's date of birth; and includes, without limitation, a passport, military identification card, driver's license, or an identification card authorized under Code Sections
40-5-100
through
40-5-104
; provided, however, that such term shall not include a birth certificate.
Added by 2024 Ga. Laws 498,§ 18, eff. 10/1/2024.