Georgia § 2-23-4 Required licenses; research by colleges and universities; processing of other products

Georgia Statutes

§ 2-23-4 — Required licenses; research by colleges and universities; processing of other products

(a)Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful for:

(1)Any person to cultivate hemp in this state unless such person holds a hemp grower license issued by the department pursuant to this chapter or is employed by a hemp grower licensee ;

(2)A permittee to accept hemp for processing from any person other than a hemp grower licensee or a college or university authorized to conduct research pursuant to subsection (b) of this Code section, except as otherwise provided in paragraph (4) of this subsection;

(3)A hemp grower licensee to provide or sell hemp to any person other than another hemp grower licensee, a college or university authorized to conduct research pursuant to subsection (b) of this Code section, or a permittee with whom the hemp g

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(a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful for: (1) Any person to cultivate hemp in this state unless such person holds a hemp grower license issued by the department pursuant to this chapter or is employed by a hemp grower licensee ; (2) A permittee to accept hemp for processing from any person other than a hemp grower licensee or a college or university authorized to conduct research pursuant to subsection (b) of this Code section, except as otherwise provided in paragraph (4) of this subsection; (3) A hemp grower licensee to provide or sell hemp to any person other than another hemp grower licensee, a college or university authorized to conduct research pursuant to subsection (b) of this Code section, or a permittee with whom the hemp grower licensee enters into an agreement pursuant to Code Section 2-23-7 , unless such person is located in a state with a plan to regulate hemp production that is approved by the secretary of agriculture of the United States, or otherwise in accordance with regulations promulgated by the United States Department of Agriculture, and such person is authorized to grow or process hemp in that state; (4) A permittee to accept for processing any hemp grown outside of the State of Georgia, unless such hemp is grown in a state with a plan to regulate hemp production that is approved by the secretary of agriculture of the United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture; (5) A permittee to process hemp pursuant to a hemp processor permit outside of the State of Georgia, unless such processing occurs in a state with a plan to regulate hemp production that is approved by the secretary of agriculture o f t h e United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture; (6) Any hemp grower licensee or permittee to otherwise fail to comply with the requirements of this chapter or any applicable state or federal law or regulation; (7) Any person to offer for sale at retail the flower or leaves of the Cannabis sativa L. plant, regardless of the total delta-9-THC concentration in such flower or leaves; provided, however, that this paragraph shall not prohibit the sale of any hemp products that include extracts or derivatives of the flower or leaves of such plant; or (8) Any person to cultivate or handle hemp in any structure that is used for residential purposes.

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Legislative History

Amended by 2024 Ga. Laws 498,§ 5, eff. 10/1/2024. Amended by 2022 Ga. Laws 782,§ 2, eff. 5/2/2022. Amended by 2021 Ga. Laws 261,§ 2, eff. 5/7/2021. Amended by 2020 Ga. Laws 484,§ 2, eff. 7/22/2020. Added by 2019 Ga. Laws 314,§ 1, eff. 5/10/2019.