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. History. Code 1981, § 16-12-236, enacted by Ga. L. 2019, p. 43, § 4/HB 324. ARTICLE 10 CONSUMABLE HEMP PRODUCTS Effective date. This article becomes effective October 1, 2024. Editor’s notes. Ga. L. 2024, p. 455, § 19/SB 494, not codified by the General Assembly, provides: “All fees collected pursuant to this Act shall be paid into the general fund of the state treasury.” 207 16-12-241 16-12-240. (Effective October 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. History. Code 1981, § 16-12-240, enacted by Ga. L. 2024, p. 455, § 18/SB 494, effective October 1, 2024. 16-12-241. (Effective October 1, 2024.) Age restrictions. (a) It shall be unlawful for any person to knowingly sell, furnish, or cause to be furnished, directly or through another person, any consumable hemp product to any individual under the age of 21 years. (b) It shall be unlawful for any individual under the age of 21 years to knowingly: (1) Purchase, attempt to purchase, or possess any consumable hemp product; or (2) Misrepresent his or her identity or age or use any false identification for the purpose of obtaining, or attempting to obtain, any consumable hemp product. (c)(1) The prohibition contained in subsection (a) of this Code section shall not apply with respect to the sale of any consumable hemp product by a person when such person has been furnished with proper identification showing that the individual to whom the consumable hemp product is to be sold or furnished is 21 years of age or older. (2) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the individual to whom any consumable hemp product is to be sold or furnished is 21 years of age or older, it shall be the duty of the person selling or furnishing such consumable hemp product to request to see and to be furnished with proper identification in order to verify the age of such individual. The failure to make such request and verification in any case where 208 16-12-241 OFFENSES/HEALTH & MORALS 16-12-243 the individual to whom any consumable hemp product is sold or furnished is under the age of 21 years may be considered by the trier of fact in determining whether the person who sold or furnished such consumable hemp product did so knowingly. (d) Nothing contained in this Code section shall be construed to prohibit any individual under the age of 21 years from dispensing, serving, selling, or handling any consumable hemp product as part of employment in any place of business that requires such individual to dispense, serve, sell, or handle consumable hemp products. (e) Any person who violates this Code section shall be guilty of a misdemeanor; provided, however, that, upon the first conviction of a violation of subsection (b) of this Code section, such person shall be punished by a fine not to exceed $500.00 and the court shall, pursuant to paragraph (3) of subsection (d) of Code Section 17-10-1, allow such person to satisfy such fine through community service as set forth in Article 3 of Chapter 3 of Title 42. History. Code 1981, § 16-12-241, enacted by Ga. L. 2024, p. 455, § 18/SB 494, effective October 1, 2024. 16-12-242. (Effective October 1, 2024.) Notice of age restriction. (a) Any person owning or operating a place of business in which any consumable hemp product is offered for sale shall post in a conspicuous place a sign which shall contain the following statement printed in all capital letters of at least one-half inch in height: “SALE OF CONSUMABLE HEMP PRODUCTS TO INDIVIDUALS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW.” (b) Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor. History. Code 1981, § 16-12-242, enacted by Ga. L. 2024, p. 455, § 18/SB 494, effective October 1, 2024. 16-12-243. (Effective October 1, 2024.) Inspection of seller or distributor locations. The Commissioner of Agriculture, acting through special agents or enforcement officers, and other law enforcement agencies may conduct random, unannounced inspections at locations where consumable hemp 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 of the Department of Agriculture or a peace officer and if written parental 209 16-12-243 consent for such individuals has been provided. Any other use of individuals under the age of 21 years to test compliance with this article or any other similar provisions shall be unlawful, and the person or persons responsible for such use shall be subject to the penalties prescribed in this article. History. Code 1981, § 16-12-243, enacted by Ga. L. 2024, p. 455, § 18/SB 494, effective October 1, 2024. 210 T.16, C.13 CONTROLLED SUBSTANCES T.16, C.13 CHAPTER 13 CONTROLLED SUBSTANCES Sec. Article 1 General Provisions Sec. 16-13-1. 16-13-2. 16-13-3. 16-13-4. 16-13-5. 16-13-30. Drug related objects.