Title 16

The commission shall have the following powers, duties, and responsibilities: (1) To apply for, receive, and administer state funds appropriated to the commission, private grants and donations, and other funds and donations. The commission’s annual distributions shall be capped a…

(a) Upon request by a designated university, the commission shall issue nontransferable designated university licenses for the production of low THC oil and products. The licenses granted to designated universities pursuant to this Code section shall be in addition to any license…

(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 …

(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 Commi…

(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) Coor…

(a) The commission may issue up to two Class 1 production licenses. A Class 1 production licensee shall be authorized to: (1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited to 100,000 square feet of cultivation space; and (2) Manufacture low THC…

(a) The commission may issue up to four Class 2 production licenses. A Class 2 production licensee shall be authorized to: (1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited to 50,000 square feet of cultivation space; and (2) Manufacture low THC…

(a) The commission shall require that each Class 1 production licensee and Class 2 production licensee establish, maintain, and utilize, directly or by contract, a tracking system. The commission shall approve one or more vendors to provide or operate tracking systems. (b) A trac…

(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 su…

(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…

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…

(a) All licensees 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. The commission and the Georgia Drugs and…

A licensee shall not be eligible for any tax credit allowed pursuant to any of the following Code Sections: 48-7-29.8, 48-7-29.11, 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.5, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.12, 48-7-40.17, 48-7-40.18, 48-7-40.20, 48-7…

(a) No individual convicted of a drug related felony shall be eligible to work as an employee of a licensee or otherwise participate in the business activities of a licensee conducted pursuant to this part unless the conviction has been expunged or the individual has been pardone…

(a) All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commission pursuant to the activities conducted pursuant to this part, other than information published in an official commission report regarding the activities cond…

(a) The commission shall grant initial licenses under this part pursuant to contracts awarded through competitive sealed bids or competitive sealed proposals as provided for in Article 3 of Chapter 5 of Title 50. After issuance of two initial Class 1 production licenses pursuant …

(a) No license issued under this part shall transfer ownership within five years of issuance. (b) All subsequent transfers of license ownership shall be approved by the commission to become valid. The commission shall not unreasonably withhold approval of a license transfer when t…

(a) A license shall be revoked by the commission if the licensee: (1) Holds ownership interest in more than one category of license issued under this article; (2) Knowingly employs individuals convicted of a felony within the previous ten years unless the conviction has been expu…

(a) No current member of the commission, or former member of the commission for a period of five years from the date such individual ceased to be a member, shall own, operate, have a financial interest in, or be employed by a low THC oil or product manufacturer or distributor, incl…

(a) A licensee or licensee’s employee who knowingly or willfully encourages, causes, abets, connives, conspires, or aids in the endangerment of patients, trafficking of low THC oil, products, or its manufacturing by-products, or criminal distribution of raw materials and agricult…

The sale of low THC oil and products authorized by this article shall be subject to all applicable sales and use taxes. History. Code 1981, § 16-12-226, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 18/SB 195.

(a) Low THC oil and products shall only be dispensed to registered patients in this state by a dispensing licensee or directly from the commission pursuant to this article. (b) A pharmacist who dispenses low THC oil or products shall seek and review information on a registered pa…

The following persons and entities, when acting in accordance with the provisions of this article, shall not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied…

It is the intent of the General Assembly that contracts related to the cultivation, harvesting, manufacturing, production, and distribution of cannabis solely for the manufacture of low THC oil or products pursuant to this article are not deemed contracts against public policy pu…

It shall be unlawful to ingest low THC oil or products in a manner that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor in a solution or other form, inc…

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 …

(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 permi…

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 iss…

(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 know…

(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 CONSUM…

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. Indiv…

INCEST, §16-6-22. Abortion. Incest as cause of pregnancy. Permissible abortions, §16-12-141. INCITING TO RIOT, §16-11-31. Fighting words, §16-11-39. Insurrections, §16-11-3. INCLUDED OFFENSES, §16-1-7. INCOME TAXES. Business enterprise tax credits. Existing manufacturing faciliti…

16-12-102. 16-12-103. ing, or exhibiting; duties of video game retailers. Library exception. Penalty. Short title. Definitions. Bus or rail vehicle hijacking; boarding with concealed weapon; company use of reasonable security measures. Removal of baggage, freight, or other items t…

COSMETOLOGISTS AND BARBERS. Drugs. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. COSTS. Computer security act violations. Civil actions, §16-9-155. Concealed weapons permit. Privacy rights regarding loc…

Civil action, recovery, §16-9-105. AUTOMATED TELLER MACHINES —Cont’d Identity fraud, §§16-9-120 to 16-9-132. Illegal use of financial transaction cards, §§16-9-30 to 16-9-40. AUCTIONEERS. Drugs. Professions and occupations. Sanctions against licensed persons for certain violations…

Distribution of tobacco product samples, §16-12-174. Obstructing, §16-11-43. SIGNATURES. Facsimile signatures. Prescription drug orders. Transmitting via fax or electronic means, §16-13-41. Prescription drug orders. Transmitting via fax or electronic means, §16-13-41. SIGNS. Ciga…

Gambling. Commercial gambling. Raffles operated by nonprofit, tax-exempt organizations. Keeping a gambling place. Possession, manufacture, or transfer of gambling device or parts; possession of antique slot machines. Solicitation of another to gamble with intent to defraud or dece…

Child, family, or group-care facility operators prohibited from employing or housing persons with certain past criminal violations. Smoking in public places. Suspension of gas or electrical service for nonpayment on appliances provided by or repaired by utility company. Cruelty t…

Duty to report, §16-12-100. Criminal offenses. False report of crime, §16-10-26. Destructive devices, detonators, explosives or hoax devices. Loss or theft, §16-7-90. Fires. Transmitting false report, §16-10-27. INDEX RESPIRATORY CARE PRACTITIONERS. Controlled substances. Profess…

(a) As used in this Code section, the term: (1) “Controlled substance” shall have the same meaning as defined in Article 2 of this chapter, relating to controlled substances. For the purposes of this Code section, the term “controlled substance” shall include marijuana as defined b…

(a) Whenever any person who has not previously been convicted of any offense under Article 2 or Article 3 of this chapter or of any statute of the United States or of any state relating to narcotic drugs, mari217 juana, or stimulant, depressant, or hallucinogenic drugs, pleads gu…

Any person who shall abandon, in a public place, any dangerous drug, poison, or controlled substance as defined by Article 2 or Article 3 of this chapter shall be guilty of a misdemeanor. History. Code 1933, § 79A-9918, enacted by Ga. L. 1977, p. 625, § 9.

(a) No controlled substance or dangerous drug shall be sold for dispensing unless the controlled substance, as defined in Code Section 16-13-21, or the dangerous drug, as defined in Code Section 16-13-71: (1) Is approved by the Food and Drug Administration for resale; (2) Has a new…

(a) As used in this Code section, the term: (1) “Drug overdose” means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of a controlle…

This article shall be known and may be cited as the “Georgia Controlled Substances Act.” History. Code 1933, § 79A-801, enacted by Ga. L. 1974, p. 221, § 1.

As used in this article, the term: (0.5) “Addiction” means a primary, chronic, neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. It is characterized by behaviors that include the following: impaired control …