Signed by Governor Brian Kemp

Vote Smart's Synopsis:

Vote to pass a conference report vote that authorizes the sale of marijuana oil for medical purposes.

Highlights:

• Authorizes possession and purchases of up to 20 fluid ounces of low THC oil for medicinal purposes in a pharmaceutical container labeled by the manufacturer indicating the THC percentage (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 the possession of certain amounts of THC oil by individuals involved in clinical research programs being conducted by the University System of Georgia (Sec. 3).

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

• Specifies that possession between 20 and 160 fluid ounces of THC oil 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 of 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 of 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 of up to $1 million if the quantity is greater than 154,000 fluid ounces.

• 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 for 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 $25,000, an initial license fee of $100,000, and a renewal fee of $100,000 for Class 1 production licenses (Sec. 4).

• Requires an application fee of $5,000, an initial license fee of $100,000, and a renewal fee of $50,000 for Class 2 production licenses (Sec. 4).

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

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

• Prohibits advertising of low THC oil to registered patients or the public, provided that a licensee will be authorized to provide information regarding its low THC oil directly to physicians. (Sec. 4).

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

• Prohibits individuals convicted of a felony from working in licensed businesses, unless the conviction was over ten years ago, was not drug related, and the individual has been released from incarceration for at least five years and submits to weekly drug screenings (Sec. 4).

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

• Classifies this act as a felony punishable by five to ten years of imprisonment, a fine of up to $100,000, or both (Sec. 4).

• Prohibits acts or omissions of negligence that endanger patients or contribute to trafficking of low THC oil or its manufacturing by-products, and classifies this as a misdemeanor of a high and aggravated nature punishable by up to a year of imprisonment, a fine of up to $5,000, or both (Sec. 4).

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

Full Bill Text

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).

Full Bill Text