History. Code 1981, § 16-12-191 , enacted by Ga. L. 2015, p. 49, § 1-2/HB 1; Ga. L. 2016, p. 864, § 16/HB 737; Ga. L. 2017, p. 611, § 1/SB 16; Ga. L. 2019, p. 43, § 3/HB 324; Ga. L. 2022, p. 352, § 16/HB 1428.
The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted “Code Section 31-51-7” for “Code Section 31-5-7” near the end of subsection (e).
The 2017 amendment, effective July 1, 2017, rewrote paragraph (a)(1) and deleted “subparagraphs (A), (B), and (C) of” following “complying with” near the end of paragraph (a)(2).
The 2019 amendment, effective July 1, 2019, inserted “, purchase,”, “, purchases,”, “purchases,” or “purchase,” throughout this Code section; in subsection (c), inserted the second occurrence of “having”, substituted “felony and,” for “felony, and” in the middle, and inserted “year” near the end; added subsection (f); and redesignated former subsection (f) as present subsection (g).
The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, deleted “pursuant to Chapter 51 of Title 31” following “agent” in subparagraph (b)(1)(A), inserted “and” at the end of division (b)(1)(A)(x), deleted former subparagraph (b)(1)(B), which read: “Such person has in his or her possession a permit issued as provided in Code Section 31-51-7; and”, redesignated former subparagraph (b)(1)(C) as present subparagraph (b)(1)(B); and in subsection (e), deleted “pursuant to Chapter 51 of Title 31” following “agent” and “, provided that such person has in his or her possession a permit issued as provided in Code Section 31-51-7 and such possession, purchase, sale, manufacturing, distribution, or dispensing is solely for the purposes set forth in Chapter 51 of Title 31” from the end.
Cross references.
Creation of Joint Study Commission on Low THC Medical Oil Access; membership; operation; reporting; abolishment, § 31-2A-19.
Editor’s notes.
Ga. L. 2019, p. 43, § 1/HB 324, not codified by the General Assembly, provides: “This Act shall be known and may be cited as ‘Georgia’s Hope Act.’ ”
Ga. L. 2019, p. 43, § 2/HB 324, not codified by the General Assembly, provides: “(a) The General Assembly finds that the establishment of the Low THC Oil Patient Registry in 2015 allows Georgia patients to possess low THC oil but provides no way to access low THC oil. The General Assembly finds that thousands of Georgians have serious medical conditions that can be improved by the medically approved use of cannabis and that the law should not stand between them and treatment necessary for life and health. The General Assembly finds that the purpose of this Act is to allow the legitimate use of medical cannabis for health care, including palliative care. The General Assembly finds that this Act does not in any way diminish this state’s strong public policy and laws against illegal drug use, nor should it be deemed in any manner to advocate, authorize, promote, or legally or socially accept the use of marijuana for children or adults for any nonmedical use.
“(b) The General Assembly further finds that:
“(1) Low THC oil can offer significant medical benefits to patients;
“(2) Low THC oil can only be derived from the cannabis plant;
“(3) A carefully constructed system of in-state cultivation to benefit only those patients authorized by Georgia law and approved by their physician would benefit patients within the State of Georgia;
“(4) The State of Georgia is deeply opposed to any recreational or nonmedical use of marijuana, and any system to help patients access low THC oil should be as limited in scope as possible;
“(5) Business opportunities resulting from a system of in-state cultivation should be inclusive of minority, women, and veteran owned businesses;
“(6) Businesses resulting from this Act should include at least 20 percent participation by minority, women, and veteran owned businesses as licensees, suppliers, and partners of businesses licensed under this Act; and
“(7) The State of Georgia should encourage active participation by minority, women, and veteran owned businesses, as well as take any steps necessary to ensure there is no discrimination in the issuance of licenses or participation in business activities resulting from this Act.”
Law reviews.
For article on the 2015 enactment of this Code section, see 32 Ga. St. U. L. Rev. 153 (2015).
For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016).
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 39 (2019).