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. History. Code 1981, § 16-12-214, enacted by Ga. L. 2019, p. 43, § 4/HB 324. 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 194 16-12-215 OFFENSES/HEALTH & MORALS 16-12-217 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. History. Code 1981, § 16-12-215, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 12/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.” 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. History. Code 1981, § 16-12-216, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 13/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.” 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 195 16-12-218 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. History. Code 1981, § 16-12-217, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 14/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.” 16-12-218. No eligibility for tax credit.