Definitions

As used in this chapter, the term: (1) ‘‘Commercial sale’’ means the sale of products in the stream of commerce at retail, at wholesale, and online. (2) ‘‘Cultivate’’ means to plant, water, grow, and harvest a plant or crop. (3) ‘‘Federally defined THC level for hemp’’ means a delta-9-THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. Section 5940, whichever is greater. (4) ‘‘Handle’’ means to possess or store hemp plants for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp, or to possess or store hemp plants in a vehicle for any period of time other than during the actual transport of such plants from the premises of a person licensed to cultivate or process hemp to the premises of another licensed person; provided, however, that such term shall not include possessing or storing finished hemp products. (5) ‘‘Hemp’’ means the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level. (6) ‘‘Hemp products’’ means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for legal commercial sale, but not including food products infused with THC unless approved by the United States Food and Drug Administration. (7) ‘‘Licensee’’ means an individual or business entity possessing a hemp grower license issued by the department under the authority of this chapter to handle and cultivate hemp in the State of Georgia. (8) ‘‘Permittee’’ means an individual or business entity possessing a hemp processor permit issued by the department under the authority of this chapter to handle and process hemp in the State of Georgia. 634 2-23-4 (9) ‘‘Process’’ or ‘‘processing’’ means converting an agricultural commodity into a legally marketable form. (10) ‘‘Research’’ or ‘‘researching’’ means experimental field, greenhouse, or laboratory activity for the ultimate purpose of developing new hemp varieties and products, improving existing hemp products, developing new uses for existing hemp products, or developing or improving methods for producing hemp products. (11) ‘‘THC’’ means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid. History. — Code 1981, § 2-23-3, enacted by Ga. L. 2019, p. 1030, § 1/HB 213. 2-23-4. Required licenses; research by colleges and universities; processing of other products. (a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful for: (1) Any person to cultivate, handle, or process hemp in this state unless such person holds a hemp grower license or a hemp processor permit issued by the department pursuant to this chapter or is employed by a licensee or permittee; (2) A permittee to accept hemp for processing from any person other than a licensee, except as otherwise provided in paragraph (4) of this subsection; (3) A licensee to provide or sell hemp to any person other than a permittee; (4) A permittee to accept for processing any hemp grown outside of the State of Georgia, unless such hemp is grown in a state with a plan to regulate hemp production that is approved by the Secretary of Agriculture of the United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture; (5) A permittee to process hemp pursuant to a hemp processor permit outside of the State of Georgia, unless such processing occurs in a state with a plan to regulate hemp production that is approved by the Secretary of Agriculture of the United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture; (6) Any licensee or permittee to otherwise fail to comply with the requirements of this chapter; or 635 2-23-5 (7) Offer for sale at retail the unprocessed flower or leaves of the hemp plant. (b) Colleges and universities of the University System of Georgia are hereby authorized pursuant to 7 U.S.C. Section 5940 on and after May 10, 2019, this chapter becoming effective to conduct research under an agricultural pilot program or other agricultural or academic research, including research on the cultivation and uses of hemp grown within the State of Georgia, breeding and developing new hemp varieties, seed development, consumer uses, and marketing. (c) It shall be lawful for a permittee to process products other than hemp products at a facility when such products are lawfully processed in the state and stored separately from hemp products. History. — Code 1981, § 2-23-4, enacted by Ga. L. 2019, p. 1030, § 1/HB 213.