This article shall not apply to seeds used for the production of low THC oil in accordance with Article 9 of Chapter 12 of Title 16 and no person shall be subject to regulation or penalties pursuant to this article for growing, selling, offering for sale, exposing for sale, or transporting in this state any seed used for the lawful production of low THC oil pursuant to Article 9 of Chapter 12 of Title 16.
History. Code 1981, § 2-11-36 , enacted by Ga. L. 2019, p. 43, § 5/HB 324.
Effective date. —
This Code section became effective July 1, 2019.
Editor’s notes.
Ga. L. 2019, p. 43, § 1/HB 324, not codified by the General Assembly, provides that: “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 that: (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 2019 enactment of this Code section, see 36 Ga. St. U.L. Rev. 39 (2019).
Structure Georgia Code
Article 2 - Sale and Transportation of Seeds
§ 2-11-22. Labeling Requirements
§ 2-11-24. Records and Samples to Be Kept; Inspection Thereof
§ 2-11-25. Powers and Duties of Commissioner — Generally
§ 2-11-26. Powers and Duties of Commissioner — Licensing Authority; Penalties
§ 2-11-28. Powers and Duties of Commissioner — Rule-Making Authority
§ 2-11-30. Seizure of Seed for Violation of Article; Disposition Thereof
§ 2-11-32. Exemption From Article
§ 2-11-33. Applicability of Code Sections 2-11-21 and 2-11-22