Prohibition on Purchase and Sale of Marijuana Flavored Products

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Controlled Substances
  5. Regulation of Controlled Substances
  6. Schedules, Offenses, and Penalties
  7. Prohibition on Purchase and Sale of Marijuana Flavored Products

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  1. As used in this Code section, the term:
    1. "Marijuana flavored product" means any product, including lollipops, gumdrops, or other candy, which is flavored to taste like marijuana or hemp. The term shall include, but is not limited to, "Chronic Candy," "Kronic Kandy," or "Pot Suckers."
    2. "Minor" means any person under the age of 18 years.
    3. "Person" means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, limited liability company, joint venture, joint stock association, or other entity or business organization of any kind.
  2. The General Assembly finds and determines that:
    1. According to the "2004 Monitoring the Future Study" conducted by the University of Michigan, 16.3 percent of eighth graders, 35.1 percent of tenth graders, and 45.7 percent of twelfth graders reported using marijuana at least once during their lifetimes;
    2. According to a 2002 Substance Abuse and Mental Health Service Administration report, "Initiation of Marijuana Use: Trends, Patterns and Implications," the younger children are when they first use marijuana, the more likely they are to use cocaine and heroin and become drug dependent as adults;
    3. Marijuana abuse is associated with many negative health effects, including frequent respiratory infections, impaired memory and learning, increased heart rate, anxiety, and panic attacks;
    4. Marijuana users have many of the same respiratory problems that are associated with tobacco use;
    5. According to the "2001 National Household Survey on Drug Abuse," marijuana is the nation's most commonly used illicit drug, and more than 83,000,000 Americans aged 12 and older have tried marijuana at least once;
    6. Use of marijuana has been shown to lower test scores among high school students, and workers who smoke marijuana are more likely to have problems on their jobs;
    7. Federal, state, and local governments spend millions of dollars annually on programs educating people about the hazards of drugs, and the marketing of marijuana flavored substances would have an adverse impact upon these programs;
    8. The sale of marijuana flavored products, including lollipops and gum drops, which claim "every lick is like taking a hit" is a marketing ploy that perpetuates an unhealthy culture and should not be permitted in the State of Georgia;
    9. Marijuana flavored products are a threat to minors in the State of Georgia because such products give the false impression that marijuana is fun and safe;
    10. Marijuana flavored products packaged as candy or lollipops falling into the hands of unsuspecting minors may serve as a gateway to future use of marijuana and other drugs; and
    11. Merchants who sell marijuana flavored products are promoting marijuana use and creating new customers for drug dealers in the State of Georgia.

      Therefore, the purpose of this Code section is to prohibit the purchase and sale of marijuana flavored products to minors in the State of Georgia.

  3. It shall be unlawful for any person knowingly to sell, deliver, distribute, or provide to a minor or knowingly possess with intent to sell, deliver, distribute, or provide to a minor any marijuana flavored product in the State of Georgia.
  4. It shall be unlawful for any minor falsely to represent to any person that such minor is 18 years of age or older with the intent to purchase or otherwise obtain any marijuana flavored product.
  5. Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor and shall be subject to a fine of $500.00 for each offense. Each sale in violation of this Code section shall constitute a separate offense.

(Code 1981, §16-13-30.6, enacted by Ga. L. 2008, p. 129, § 1/HB 280; Ga. L. 2009, p. 8, § 16/SB 46.)

Editor's notes.

- Ga. L. 2008, p. 129, § 2/HB 280, not codified by the General Assembly, provides that this Code section shall apply to offenses committed on or after July 1, 2008.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- Offenses arising under O.C.G.A. § 16-13-30.6(c) are designated as offenses for which those charged are to be fingerprinted. 2009 Op. Att'y Gen. No. 2009-1.


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