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 205 16-12-235.1 licensed pharmaceutical companies or through channels established by the United States government, such as the National Institute on Drug Abuse. History. Code 1981, § 16-12-235, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 23/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, deleted the subsection (a) designation; and deleted former subsection (b), which read: “Nothing in this article shall be construed to prohibit research otherwise permitted by Chapter 51 of Title 31.”. 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.” 16-12-235.1. 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 206 16-12-235.1 OFFENSES/HEALTH & MORALS T.16, C.12, A.10 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. History. Code 1981, § 16-12-235.1, enacted by Ga. L. 2021, p. 184, § 24/SB 195.