LC 37 1877S

______________________________________________ offers the following

substitute to HB 1:

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to1

controlled substances, so as to exclude certain medical cannabis as a Schedule I drug under2

certain circumstances; to amend Title 31 of the Official Code of Georgia Annotated, relating3

to health, so as to create the Georgia Commission on Medical Cannabis Regulation; to4

provide for an automatic repeal; to provide for a short title; to provide for legislative intent;5

to provide for related matters; to provide for an effective date; to repeal conflicting laws; and6

for other purposes.7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8

PART I9

SECTION 1-1.10

This Act shall be known and may be cited as the "Haleigh's Hope Act."11

SECTION 1-2.12

Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled13

substances, is amended by revising paragraph (16) of Code Section 16-13-21, relating to14

definitions of controlled substances, as follows:15

"(16)(A) 'Marijuana' means:16

(i) All all parts of the plant of the genus Cannabis, whether growing or not,;17

(ii) The the seeds thereof,;18

(iii) The the resin extracted from any part of such plant,; and19

(iv) Every every compound, manufacture, salt, derivative, mixture, or preparation of20

such plant, its seeds, or resin;.21

(B) The term 'marijuana' but shall not include:22

(i) Samples samples as described in subparagraph (P) of paragraph (3) of Code23

Section 16-13-25; and shall not include the24

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LC 37 1877S

(ii) The completely defoliated mature stalks of such plant, fiber produced from such25

stalks, oil, or cake, or the including cannabinol or cannabidiol;26

(iii) The samples, products, derivatives, and oils which are defined by federal law as27

industrial hemp, including the definitions under Section 7606 of the federal28

Agricultural Act of 2014;29

(iv) The completely sterilized samples of seeds of the plant which are incapable of30

germination; or31

(v) For persons diagnosed by a physician with the following condition:32

(I) Cancer, if the underlying condition or treatment produces one or more of the33

following: severe or chronic pain, nausea or severe vomiting, or cachexia or severe34

wasting;35

(II) Glaucoma;36

(III) AIDS;37

(IV) ALS;38

(V) Seizure disorders;39

(VI) Mutiple sclerosis;40

(VII) Crohn's disease,41

(VIII) Mitochondrial disease;42

(IX) Alzheimer's disease;43

(X) Muscle spasticity disorder;44

(XI) Fibromyalgia;45

(XII) Parkinson's disease;46

(XIII) PTSD;47

(XIV) Autism;48

(XV) Sickle cell anemia;49

(XVI) Tourette syndrome; or50

(XVII) Terminal illness that produces one or more of the following: severe or51

chronic pain, nausea or severe vomiting, or cachexia or severe wasting52

who are being treated with an extracted cannabinol or cannabidiol oil that does not53

contain an amount of tetrahydrocannabiniol that exceeds 5 percent of the total54

contents of such oil and an amount of cannabidiol which shall not be less than one55

part of the total amount of tetrahydrocannabinol and if 18 years or younger such oil56

shall not contain an amount of tetrahydrocannabinol that exceeds 3 percent of the total57

contents of such oil and an amount of cannabidiol which shall not be less than one58

part of the total amount of tetrahydrocannabinol."59

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LC 37 1877S

SECTION 1-3.60

Said chapter is further amended by revising subparagraph (P) of paragraph (3) of Code61

Section 16-13-25, relating to Schedule I, as follows:62

"(P)(i) Tetrahydrocannabinols which shall include, but are not limited to:63

(i)(I) All synthetic or naturally produced samples containing more than 15 percent64

by weight of tetrahydrocannabinols; and65

(ii)(II) All synthetic or naturally produced tetrahydrocannabinol samples which do66

not contain plant material exhibiting the external morphological features of the plant67

cannabis;.68

(ii) Tetrahydrocannabinols shall not include cannabinol or cannabidiol product in an69

extracted oil form that:70

(I) Does not contain an amount of tetrahydrocannabinol that exceeds 5 percent of71

the total contents of such oil and an amount of cannabidiol which shall not be less72

than one part of the total amount of tetrahydrocannabinol; or73

(II) A low-THC cannabis oil of such oil form that does not contain an amount of74

tetrahydrocannabinol that exceeds 3 percent of the total contents of such oil and an75

amount of cannabidiol which shall not be less than one part of the total amount of76

tetrahydrocannabinol; and77

(III) Is for persons diagnosed by a physician with the following conditions: cancer,78

if the underlying condition or treatment produces one or more of the following:79

severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting;80

glaucoma; AIDS; ALS; seizure disorders; mutiple sclerosis; Crohn's disease;81

mitochondrial disease; Alzheimer's disease; muscle spasticity disorder; 82

fibromyalgia; Parkinson's disease; PTSD; autism; sickle cell anemia; Tourette83

syndrome; or a terminal illness that produces one or more of the following: severe84

or chronic pain, nausea or severe vomiting, or cachexia or severe wasting.85

(iii) No person 18 years or younger shall be administered a product that contains86

tetrahydrocannabinol that exceeds 3 percent of the total content of such oil;"87

PART II88

SECTION 2-1.89

The General Assembly finds and declares that the extensive study of medical cannabis has90

revealed the need to establish a safe, effective, and timely regulatory model for the91

cultivation, processing, and distribution of medical cannabis for certain debilitating illnesses.92

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LC 37 1877S

SECTION 2-2.93

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding94

a new chapter to read as follows:95

"CHAPTER 5096

31-50-1.97

(a) There is created the Georgia Commission on Medical Cannabis Regulation for the98

purpose of conducting a comprehensive study of the effective means of legalizing and99

regulating medical cannabis in the State of Georgia. The Georgia Commission on Medical100

Cannabis Regulation shall be responsible for establishing detailed plans for creating a101

medical cannabis program to ensure proper state oversight of all aspects of the industry,102

including licensing, distribution, security, production quality, and regulatory oversight, and103

the maintenance of an effective and efficient system that will promote public safety.104

(b) As used in this chapter, the term 'commission' means the Georgia Commission on105

Medical Cannabis Regulation.106

31-50-2.107

(a) The Governor shall appoint all 13 members of the commission within 60 days of the108

effective date of this chapter, which shall be composed of one member of the Senate, one109

member of the House of Representatives, one board certified physician in medical110

oncology, one board certified epitologist, one board certified physician in pediatric111

neurology, one attorney familiar with cannabis laws, one individual experienced in the112

operation of a medical cannabis business, one director of an independent analytical113

laboratory or his or her designee, one sheriff, a pharmacist, the executive counsel to the114

Governor or his or her designee, the director of the Governor's Office for Children and115

Families or his or her designee, and the Commissioner of Agriculture or his or her116

designee.117

(b) Each member of the commission shall be appointed to serve for a term of two years or118

until his or her successor is duly appointed, except the members of the General Assembly,119

who shall serve until completion of their current terms of office. A member may be120

appointed to succeed himself or herself on the commission. The member, or his or her121

designee, shall be removed from the commission if the member no longer serves as such122

elected or appointed official.123

(c) The Governor shall designate the chairperson of the commission. The commission124

may elect other officers as it deems necessary. The chairperson of the commission may125

designate and appoint committees from among the membership of the commission as well126

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LC 37 1877S

as appoint other persons to perform such functions as he or she may determine to be127

necessary as relevant to and consistent with this chapter. The chairperson shall only vote128

to break a tie.129

(d) The commission shall be attached for administrative purposes only to the Governor's130

Office for Children and Families in accordance with Code Section 50-4-3. The Governor's131

Office for Children and Families may use any funds specifically appropriated to it to132

support the work of the commission.133

31-50-3.134

(a) The commission may conduct meetings at such places and times as it deems necessary135

or convenient to enable it to exercise fully and effectively its powers, perform its duties,136

and accomplish the objectives and purposes of this chapter. The commission shall hold137

meetings at the call of the chairperson. The commission shall meet not less than four times138

every year.139

(b) A quorum for transacting business shall be a majority of the members of the140

commission.141

(c) Any legislative members of the commission shall receive the allowances provided for142

in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the143

amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or144

transportation allowance authorized for state employees. Members of the commission who145

are state officials, other than legislative members, or state employees shall receive no146

compensation for their services on the commission, but they shall be reimbursed for147

expenses incurred by them in the performance of their duties as members of the148

commission in the same manner as they are reimbursed for expenses in their capacities as149

state officials or state employees. The funds necessary for the reimbursement of the150

expenses of state officials, other than legislative members, and state employees shall come151

from funds appropriated to or otherwise available to their respective departments. All other152

funds necessary to carry out the provisions of this chapter shall come from funds153

appropriated to the Senate and the House of Representatives.154

31-50-4.155

(a) The commission shall have the following duties:156

(1) To establish comprehensive recommendations regarding the regulation of medical157

cannabis in this state. Such recommendations shall include, without limitations,158

specification of the department or departments to have responsibility for the oversight of159

the licensing, cultivation, production, and dispensing of medical cannabis. A detailed160

report, which shall be submitted no later than December 31, 2015, including a review of161

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LC 37 1877S

the conditions, needs, issues, and problems related to regulation and enforcement of162

medical cannabis and any recommended action or proposed legislation which the163

commission deems necessary or appropriate shall be provided to the executive counsel164

of the Governor, the Office of Planning and Budget, and the chairpersons of the House165

Committee on Appropriations, the Senate Appropriations Committee, the House166

Committee on Judiciary, Non-civil, and the Senate Judiciary, Non-civil Committee;167

(2) To evaluate and consider the best practices, experiences, and results of legislation in168

other states with regard to medical cannabis; and169

(3) To evaluate and consider the expedient and most effective legal means to provide170

immunity to current and prospective medical cannabis patients, caregivers, physicians,171

and those persons and entities involved in cultivating, producing, and dispensing medical172

cannabis.173

(b) The commission shall have the following powers:174

(1) To evaluate how the laws and programs affecting medical cannabis should operate175

in this state;176

(2) To request and receive data from and review the records of appropriate state agencies177

to the greatest extent allowed by state and federal law;178

(3) To accept public or private grants, devises, and bequests;179

(4) To authorize entering into contracts or agreements through the commission's180

chairperson necessary or incidental to the performance of its duties;181

(5) To establish rules and procedures for conducting the business of the commission; and182

(6) To conduct studies, hold public meetings, collect data, or take any other action the183

commission deems necessary to fulfill its responsibilities.184

(c) Subject to the availability of funds, the commission shall be authorized to retain the185

services of attorneys, consultants, subject matter experts, economists, budget analysts, data186

analysts, statisticians, and other individuals or organizations as determined appropriate by187

the commission.188

(d) Nothing in this chapter shall limit the authority and discretion of the General Assembly189

to legislate as authorized by the Constitution of Georgia.190

31-50-5.191

This chapter shall stand repealed on June 30, 2016."192

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LC 37 1877S

PART III193

SECTION 3-1.194

This Act shall become effective upon its approval by the Governor or upon its becoming law195

without such approval.196

SECTION 3-2.197

All laws and parts of laws in conflict with this Act are repealed. 198

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