2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-6 - [Effective 10/1/2024] Procedure for permitting; limitations on permits and interests

(a)
Except as otherwise provided in this chapter, consideration, issuance, and revocation of hemp processor permits issued by the department pursuant to this Code section shall be accomplished in accordance with Chapter 5 of this title, and such permits shall otherwise be governed by such chapter.
(b)
Any person applying for a hemp processor permit pursuant to this Code section shall provide to the department:
(1)
A legal description and global positioning coordinates sufficient for locating facilities for processing hemp;
(2)
Written consent allowing representatives of the department, the Georgia Bureau of Investigation, and other affected state and local law enforcement agencies to enter all premises where hemp is being processed or handled for the purpose of conducting physical inspections and ensuring compliance with the requirements of this chapter; and
(3)
A surety bond as described in Code Section
2-23-6.1
.
(c)
(1)
Upon receipt of an application for a hemp processor permit, the department shall conduct a criminal background check and is authorized to obtain a federal criminal history report in accordance with paragraph (2) of this subsection for an individual or, if the applicant is a business entity, all key participants seeking to obtain a hemp processor permit.
(2)
At least one set of classifiable electronically recorded fingerprints of the individual applicant or, if the applicant is a business entity, one set of classifiable electronically recorded fingerprints of each key participant shall be submitted to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall review the record for all individuals or key participants, as applicable.
(3)
No permit shall be issued to any applicant who has been convicted of a felony related to a state or federally controlled substance within ten years of the date of application or who materially falsifies any information contained in a license application.
(d)
The department shall annually accept applications for hemp processor permits to be issued by the department.
(e)
Hemp processor permits shall be issued for one calendar year at an annual permit fee of at least $500.00 but not more than $2,000.00, as established by the Commissioner, so long as no administrative action has been taken by the department regarding such permittee under this chapter.
(f)
Issuance of any hemp processor permit shall be conditioned upon the permittee's compliance with Code Section
2-23-7
prior to initiating hemp processing activities.
(g)
A permittee may also apply for and be issued no more than one hemp grower license.
(h)
(1)
No person shall be issued more than one hemp processor permit, nor shall any person be permitted to have a beneficial interest in more than one hemp processor permit issued under this chapter, regardless of the degree of such interest.
(2)
Nothing contained in this subsection shall prohibit the reissuance of a valid hemp processor permit if the permit has been held by marriage prior to the creation of any of the relationships defined in paragraph (3) of this subsection.
(3)
For purposes of this subsection:
(A)
The term 'person' shall include all members of a permittee's family and all corporations, limited partnerships, limited liability companies, and other business entities in which a permittee holds more than a 50 percent ownership interest; the term 'family' shall include any person related to the holder of the hemp processor permit within the first degree of consanguinity and affinity as computed according to the canon law and who is claimed as a dependent by the permittee for income tax purposes; and
(B)
The beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate.
Amended by 2024 Ga. Laws 498,§ 8, eff. 10/1/2024.
Amended by 2021 Ga. Laws 261,§ 4, eff. 5/7/2021.
Amended by 2020 Ga. Laws 484,§ 4, eff. 7/22/2020.
Added by 2019 Ga. Laws 314,§ 1, eff. 5/10/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.