Comprehensive Summary of Georgia Hemp Regulation Bill SB 494

Georgia enacted SB 494 in early May, introducing a regulatory framework for selling hemp products. This new legislation addresses the previously unregulated THCA loophole by establishing a total THC limit for all hemp products. Notably, the law permits the sale of "consumable hemp products" designed for ingestion, absorption, or inhalation by humans and animals. The primary provisions of this law will take effect on October 1, 2024.

The Georgia Hemp Regulation Bill, a comprehensive regulatory framework, is designed to safeguard the interests of all stakeholders in the hemp industry. It ensures consumer safety, legal compliance with THC limits, and proper labeling and marketing practices. By establishing clear definitions, licensing requirements, and enforcement mechanisms, it provides a stable and legitimate environment for the hemp market to thrive.

Key Definitions:

• Hemp, as defined by the Georgia Hemp Regulation Bill, is the Cannabis sativa L. plant and any part of such plant, including seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a total delta-9-THC concentration not exceeding 0.3% on a dry weight basis. This clear and comprehensive definition forms the basis of our regulatory framework.

• Total Delta-9-THC Concentration: This is the combined concentration of delta-9-THC and delta-9-THCA, measured after decarboxylation. It is a key factor in determining the THC content of a product.

• Consumable Hemp Product: Any hemp product intended for human or animal ingestion, absorption, or inhalation.

• Contaminant: Foreign substances or compounds harmful to health, such as heavy metals [specific examples], pesticide residues [specific examples], and residual solvents [specific examples].

• Attractive to Children: These are products that appeal primarily to individuals under 21, often characterized by the use of characters, symbols, depictions of candy, or items resembling popular snacks or foods. [Specific examples of products attractive to children].

• Full Panel Certificate of Analysis: This is an accredited laboratory report detailing the cannabinoid content and confirming the absence of contaminants. It is a crucial document for ensuring the quality and safety of hemp products.

Allowed Cannabinoids and Products:

• Delta-9-THC:

  • Legal Limit: Must not exceed 0.3% on a dry weight basis.

  • Products: All consumable hemp products that comply with the THC limit.

• Delta-8-THC and Delta-10-THC:

  • Treated similarly to delta-9-THC.

  • Included in the total THC concentration limit of 0.3%.

• Hexahydrocannabinol (HHC):

  • Included in the regulatory framework.

  • Must comply with the overall THC concentration limit.

• Other Cannabinoids (e.g., CBD, CBDA, CBG, CBGA, CBN):

  • Included in the entire panel certificate of analysis.

  • It must be tested and labeled accurately.

Product Types:

• Consumable Hemp Products:

  • Forms: Gummies, oils, tinctures, capsules, vapes, and other ingestible, absorbable, or inhalable forms.

  • Packaging: Must be tamper-evident, child-resistant, and not attractive to children.

  • Labeling: A warning sticker about THC content and detailed cannabinoid content must be included and accessible via a QR code.

• Industrial Hemp Products:

  • Forms: Textiles, building materials, biofuels, and other non-consumable products.

  • Regulation: Not subject to consumable product regulations but must comply with general hemp regulations.

• Prohibited Products:

  • Unprocessed Flower or Leaves: Cannot be sold at retail.

  • Food and Beverages: Infused with THC, except for gummies and consumable base oils not mixed with other food items.

  • Products Attractive to Children: These include items resembling candy or popular snacks and use characters or symbols that appeal to minors.

Licensing and Compliance:

• Licenses Required:

  • Hemp Grower License: For cultivating and handling hemp.

  • Hemp Processor Permit: This is for processing hemp into consumable products.

  • Manufacturer License: For manufacturing hemp products.

  • Retail Consumable Hemp Establishment License: For selling consumable hemp products at retail.

  • Wholesale Consumable Hemp License: For bulk selling to retailers.

  • Registered Laboratory: This is used to conduct tests and analyses.

• Fees and Bonding:

  • Annual fees range from $250 for retail licenses to $25,000 for processing permits.

  • Bond requirements for processors to ensure compliance and payment to hemp growers.

Enforcement and Penalties:

• Testing and Inspection:

  • Random testing by the Department of Agriculture, the regulatory authority, is conducted to ensure compliance with THC limits and the absence of contaminants.

  • Full panel certificates of analysis are required annually for consumable products.

• Penalties:

  • Misdemeanor charges for first offenses, escalating to high and aggravated misdemeanors for repeated violations.

  • Civil penalties up to $5,000 per violation.

  • Corrective action plans are required for negligent violations. This involves [specific steps of the corrective action process]. Repeated non-compliance can lead to potential license revocation.

• Retail Restrictions:

  • Prohibition of sales to individuals under 21 years.

  • Retail locations cannot be within 500 feet of K-12 schools.

  • Mandatory signs indicate the legal age for purchase.

Conclusion:

The Georgia Hemp Regulation Bill sets comprehensive standards for producing, processing, and selling hemp products. It ensures consumer safety through stringent testing, labeling, and packaging requirements. The bill aligns state regulations with federal guidelines and addresses the full spectrum of cannabinoids, including delta-8-THC, delta-10-THC, HHC, and potential future cannabinoids, within a clear legal framework.