Georgia Code
Article 1 - General Provisions
§ 31-2A-18. Establishment of the Low Thc Oil Patient Registry; Definitions; Purpose; Registration Cards; Semiannual Reports; Waiver Forms; Annual Review and Recommendations

History. Code 1981, § 31-2A-18 , enacted by Ga. L. 2015, p. 49, § 2-1/HB 1; Ga. L. 2017, p. 611, § 2/SB 16; Ga. L. 2017, p. 774, § 31/HB 323; Ga. L. 2018, p. 148, § 2/HB 65; Ga. L. 2019, p. 43, § 6/HB 324; Ga. L. 2021, p. 782, § 2A/SB 46.
The 2017 amendments. —
The first 2017 amendment, effective July 1, 2017, substituted “disease is diagnosed as” for “diagnosis is” throughout paragraph (a)(3); substituted “illness or” for “illness,” in subparagraph (a)(3)(A); inserted “a” in subparagraph (a)(3)(C); deleted “or” at the end of subparagraph (a)(3)(G); substituted a semicolon for a period at the end of subparagraph (a)(3)(H); added subparagraphs (a)(3)(I) through (a)(3)(N); deleted the former third and fourth sentences in subsection (c), which read: “Only individuals residing in this state for at least one year or a child born in this state less than one year old shall be eligible for registration under this Code section. Nothing in this Code section shall apply to any Georgia residents living temporarily in another state for the purpose of securing THC oil for treatment of any condition under this Code section.”; in subsection (d), in the first sentence, substituted “individuals who have” for “individuals and caregivers as soon as practicable but no later than September 1, 2015, when an individual has” near the beginning, inserted “or is an inpatient or outpatient in a hospice program”, substituted “have been authorized” for “has been authorized” near the middle, and deleted “for such condition” following “as treatment” at the end, added the second sentence, and, in the fourth sentence, substituted “treating such individual” for “treating an individual” near the middle, and added “or be treating such individual in a hospice program” at the end; in subsection (e), substituted “semiannual” for “quarterly” in the first sentence, in the second sentence, inserted “patient” and inserted “levels of tetrahydrocannabinol or tetrahydrocannabinolic acid present in test results,”. The second 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised punctuation in subparagraph (a)(3)(A).
The 2018 amendment, effective July 1, 2018, in subsection (a), deleted “or” at the end of subparagraph (a)(3)(M), substituted a semicolon for a period at the end of subparagraph (a)(3)(N), added subparagraphs (a)(3)(O) and (a)(3)(P), added paragraph (a)(5), redesignated former paragraphs (a)(5) through (a)(7) as present paragraphs (a)(6) through (a)(8), respectively; and added subsection (h).
The 2019 amendment, effective July 1, 2019, added the last sentence in subsection (d); added the last sentence in subsection (e); and, in subsection (h), inserted “, in coordination with the Department of Public Health,” near the beginning of the first sentence and inserted “jointly by the board and the Department of Public Health” in the middle of the last sentence.
The 2021 amendment, effective May 10, 2021, added “, subject to the provisions of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and any regulations promulgated thereunder” at the end of subsection (f); substituted “section for information related to the individual or his or her caregiver;” for “section; and” at the end of paragraph (f)(1); substituted “; and” for a period at the end of subparagraph (f)(2)(B); and added paragraph (f)(3).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2017, a comma was deleted following “nausea” in subparagraph (a)(3)(A).
Editor’s notes.
Ga. L. 2015, p. 49, § 1-1/HB 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Haleigh’s Hope Act.’ ”
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 2015 enactment of this Code section, see 32 Ga. St. U. L. Rev. 153 (2015).
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 39 (2019).