Annual, nontransferable dispensing license; adoption of rules; fees

(a)(1) Upon request by a licensed pharmacy in this state, the State Board of Pharmacy shall be authorized to develop an annual, nontransferable specialty dispensing license for an independent pharmacy with a registered office located within this state to dispense low THC oil and products to registered patients. The State Board of Pharmacy shall develop rules and regulations regarding dispensing pharmacies in this state in accordance with the requirements contained in subsection (b) of this Code section. (2) The commission shall be authorized to issue five dispensing licenses to each Class 1 production licensee and each Class 2 production licensee for retail outlets to dispense low THC oil and products to registered patients. The commission shall ensure that dispensing licenses shall be issued so that retail outlets are dispersed throughout the state. The commission shall develop rules and regulations regarding retail dispensing licensees in this state in accordance with the requirements contained in subsection (b) of this Code section. The commission shall be authorized to issue one additional dispensing license to each Class 1 and Class 2 production licensee when the Low THC Oil Patient Registry established and maintained pursuant to Code Section 31-2A-18 reaches 25,000 patients and for every increase of 10,000 patients thereafter. (b) The State Board of Pharmacy and the commission shall separately adopt rules relating to the dispensing of low THC oil and products, with the State Board of Pharmacy promulgating rules and regulations for pharmacies that dispense low THC oil and products and the commission promulgating rules and regulations for other retail outlets that dispense low THC oil and products. Such rules shall include but not be limited to: (1) Standards, procedures, and protocols for the effective use of low THC oil and products as authorized by state law and related rules and regulations; 182 16-12-206 OFFENSES/HEALTH & MORALS 16-12-206 (2) Standards, procedures, and protocols for the dispensing of low THC oil and products by a pharmacy with a dispensing license and by retail dispensing licensees and for the utilization of a tracking system; (3) Procedures and protocols to provide that no low THC oil or products may be sold to or transferred to a location outside of this state; (4) The establishment of standards, procedures, and protocols for determining the amount of usable low THC oil and products that is necessary to constitute an adequate supply for registered patients in this state to ensure uninterrupted availability for a period of one month, including amounts for topical treatments; (5) The establishment of standards, procedures, and protocols to ensure that all low THC oil and products dispensed are consistently pharmaceutical grade; (6) The establishment of standards and procedures for the revocation, suspension, and nonrenewal of dispensing licenses; (7) The establishment of other licensing, renewal, and operational standards which are deemed necessary by the State Board of Pharmacy and the commission; (8) The establishment of standards and procedures for testing low THC oil and products for levels of tetrahydrocannabinol or other testing parameters deemed appropriate by the State Board of Pharmacy and the commission; (9) The establishment of health, safety, and security requirements for pharmacies and retail dispensing licensees dispensing low THC oil and products; and (10) Requirements for the issuance of dispensing licenses to pharmacies and Class 1 and Class 2 production licensees. (c) The commission shall be authorized, by rules and regulations, to establish fees for dispensing licenses to Class 1 and Class 2 production licensees commensurate with the location of the retail outlet and demand for low THC oil and products at such location. History. Code 1981, § 16-12-206, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 6/SB 195; Ga. L. 2022, p. 352, § 16/HB 1428. Amendments. The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, substituted “commission shall be” for “commission shall each be” in subsection (c). Editor’s notes. Ga. L. 2021, p. 184, § 28/SB 195, not codified by the General Assembly, provides that: “Nothing in this Act shall be deemed to change, amend, or alter any criteria for applications for a Class 1 or Class 2 production license submitted to 183 16-12-207 the Georgia Access to Medical Cannabis Commission on or prior to January 27, 2021.” 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. History. Code 1981, § 16-12-207, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 7/SB 195. Editor’s notes. Ga. L. 2021, p. 184, § 28/SB 195, not codified by the General Assembly, provides that: “Nothing in this Act shall be deemed to change, amend, or alter any criteria for applications for a Class 1 or Class 2 production license submitted to the Georgia Access to Medical Cannabis Commission on or prior to January 27, 2021.” 184 T.16, C.12, A.9, P.2 OFFENSES/HEALTH & MORALS 16-12-210 PART 2 ROLE OF COMMISSION 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. 185 16-12-211 (c) All fees collected by the commission shall be remitted to the general fund of the state treasury. History. Code 1981, § 16-12-210, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 8/SB 195. Editor’s notes. Ga. L. 2021, p. 184, § 28/SB 195, not codified by the General Assembly, provides that: “Nothing in this Act shall be deemed to change, amend, or alter any criteria for applications for a Class 1 or Class 2 production license submitted to the Georgia Access to Medical Cannabis Commission on or prior to January 27, 2021.”