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Key Votes

HB 324 - Authorizes Sale of Medical Marijuana Oil - Georgia Key Vote

Richard Smith voted Nay (Passage) on this Legislation.

Read statements Richard Smith made in this general time period.

Timeline

Issues Related to HB 324

Stage Details

Legislation - Bill Passed (House) (123-40) - (Key vote)
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Title: Authorizes Sale of Medical Marijuana Oil

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that would authorize the sale of marijuana oil for medicinal purposes.

Highlights:

 

  • Authorizes possession of up to 20 fluid ounces of low THC oil for medicinal purposes (Sec. 3).

  • Requires individuals with this medicine to be registered with the Department of Public Health and have in their possession an issued card as proof (Sec. 3).

  • Authorizes the use of similar out of state registration cards for this purpose until the individual has been in Georgia for 45 days or more (Sec. 3).

  • Authorizes possession by individuals involved in clinical research programs being conducted by the University System (Sec. 3).

  • Requires the substance to be in a pharmaceutical container that indicates the THC percentage (Sec. 3).

  • Prohibits possession of more than 20 fluid ounces of low THC oil (Sec. 3).

  • Specifies that possession of less than 160 fluid ounces is a felony punishable by 1 to 10 years of imprisonment, a fine of up to $50,000, or both (Sec. 3).

  • Specifies that possession of 160 fluid ounces or more is a felony offense of trafficking punishable by (Sec. 3):

    • 5 to 10 years of imprisonment and a fine up to $100,000 if the quantity is at least 160 fluid ounces but less than 31,000 fluid ounces;

    • 7 to 15 years of imprisonment and a fine up to $250,000 if the quantity is at least 31,000 fluid ounces but less than 154,000 fluid ounces; and

    • 10 to 20 years of imprisonment and a fine up to $1 million if the quantity is greater than 154,000 fluid ounces.

  • Exempts possession by individuals involved in clinical research programs being conducted by the University System (Sec. 3).

  • Establishes the Office of Low THC Oil Control within the Department of Public Health and specifies that this office will (Sec. 4):

    • Issue licenses concerning the production and dispensation of low THC oil;

    • Facilitate the operation of the oversight board;

    • Coordinate with the Georgia Bureau of Investigation on the implementation of security plans and enforcement;

    • Establish procedures for licensure, product testing, and facility testing;

    • Establish requirements and procedures on quality control, security, and oversight;

    • Establish procedures and ensure sufficient resources in order to resolve complaints from registered patients;

    • Establish  application forms and criteria;

    • Provide for the implementation and oversight of tracking systems;

    • Provide oversight of licensure reporting, data collection, and analysis;

    • Establish requirements and procedures for marketing; and

    • Promote rules and regulations.

  • Establishes the Low THC Oil License Oversight Board with members consisting of the following (Sec. 4):

    • The commissioner of public health or their designee;

    • The commissioner of community affairs or their designee;

    • The director of the Georgia Drugs and Narcotics Agency or their designee;

    • The chairperson of the Georgia Composite Medical Board or their designee;

    • 2 members appointed by the Governor, one of whom is an attorney with expertise in professional licensing;

    • 3 members appointed by the President of the Senate, one with expertise in corporate finance and another who is the owner of a minority business enterprise; and

    • 3 members appointed by the Speaker of the House of Representatives, one being a patient advocate and another who is the owner of a minority business enterprise.

  • Specifies that a chairperson will be elected by the board from among its membership (Sec. 4).

  • Specifies that members will serve without compensation but will receive an expense allowance for each day of attendance (Sec. 4).

  • Requires an application fee of $50,000, an initial license fee of $100,000, and a renewal fee of $50,000 for Class 1 production licenses (Sec. 4).

  • Authorizes up to 5 Class 1 production licenses licenses be issued by January 1, 2020 (Sec. 4).

  • Requires an application fee of $12,500, an initial license fee of $25,000, and a renewal fee of $12,500 for Class 2 production licenses (Sec. 4).

  • Authorizes up to 5 Class 2 production licenses to be issued by January 1, 2020 (Sec. 4).

  • Requires an application fee of $10,000, an initial license fee of $20,000, and a renewal fee of $10,000 for save access retail licenses (Sec. 4).

  • Authorizes up to 10 save access retail licences to be issued by January 1, 2020 (Sec. 4).

  • Requires Class 1 and 2 licensees to maintain inventory tracking systems (Sec. 4).

  • Prohibits individuals entry into a safe access retail outlet unless they are employed by the outlet or licensee or a registered patient or caregiver (Sec. 4).

  • Prohibits operation or sales within 3,000 feet of any educational or religious properties (Sec. 4).

  • Prohibits advertising that (Sec. 4):

    • Uses the word marijuana;

    • Uses signs with green lighting;

    • Uses statements inconsistent with product labeling;

    • Targets minors; or

    • Promotes recreational use of marijuana.

  • Prohibits vaping of low THC oil (Sec. 4).

  • Prohibits individuals convicted of a felony from working in licensed businesses, unless the conviction is over 10 years ago and was not drug related (Sec. 4).

  • Prohibits trafficking of low THC oil or its manufacturing by-products, as well as distribution of raw materials (Sec. 4).

  • Specifies this act is a felony punishable by 5 to 10 years of imprisonment, a fine up to $100,000, or both (Sec. 4).

  • Prohibits acts or omissions of negligence that endangers patients or contributes to trafficking of low THC oil or its manufacturing by-products (Sec. 4).

  • Specifies this constitutes a misdemeanor of a high and aggravated nature punishable by up to a year of imprisonment, a fine up to $5,000, or both (Sec. 4).

  • Specifies that failure to comply with various other provisions is punishable by a fine up to $500 for the first offense. Second and subsequent offenses constitute misdemeanors punishable by up to 6 months imprisonment, a fine of up to $1,000, or both (Sec. 4).

Legislation - Introduced (House) -

Title: Authorizes Sale of Medical Marijuana Oil

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