Required Licenses; Research by Colleges and Universities; Processing of Other Products

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  2. Georgia Code
  3. Agriculture
  4. Hemp Farming
  5. Required Licenses; Research by Colleges and Universities; Processing of Other Products

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  1. Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful for:
    1. Any person to cultivate, handle, or process hemp in this state unless such person holds a hemp grower license or a hemp processor permit issued by the department pursuant to this chapter or is employed by a licensee or permittee;
    2. A permittee to accept hemp for processing from any person other than a 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 licensee to provide or sell hemp to any person other than another licensee, a college or university authorized to conduct research pursuant to subsection (b) of this Code section, or a permittee with whom the 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 under 7 U.S.C. Section 5940, 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 of the United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture;
    6. Any licensee or permittee to otherwise fail to comply with the requirements of this chapter or any applicable state or federal law or regulation; or
    7. Offer for sale at retail the unprocessed flower or leaves of the hemp plant.
  2. Colleges and universities of the University System of Georgia and institutions of higher education as defined in 20 U.S.C. Section 1001 are hereby authorized pursuant to 7 U.S.C. Section 5940 on and after May, 10, 2019, or pursuant to a plan to regulate hemp production pursuant to 7 U.S.C. Section 1639p, to conduct research under an agricultural pilot program or other agricultural or academic research, including research on the cultivation and uses of hemp grown within the State of Georgia, breeding and developing new hemp varieties, seed development, consumer uses, and marketing. Pursuant to a written agreement, colleges and universities authorized to conduct research pursuant to this Code section shall also be authorized to engage third parties to assist in the conduct of such research, and such third parties may cultivate, handle, and process hemp when assisting such college or university in such research pursuant to the terms of such written agreement.
  3. It shall be lawful for a permittee to process products other than hemp products at a facility when such products are lawfully processed in the state and stored separately from hemp products.

(Code 1981, §2-23-4, enacted by Ga. L. 2019, p. 1030, § 1/HB 213; Ga. L. 2020, p. 292, § 2/HB 847.)

The 2020 amendment, effective July 22, 2020, inserted "or a college or university authorized to conduct research pursuant to subsection (b) of this Code section," in the middle of paragraph (a)(2); substituted the present provisions of paragraph (a)(3) for the former provisions, which read: "A licensee to provide or sell hemp to any person other than a permittee;"; inserted "or any applicable state or federal law or regulation" at the end of paragraph (a)(6); and, in subsection (b), in the first sentence, inserted "and institutions of higher education as defined in 20 U.S.C. Section 1001" at the beginning and inserted "or pursuant to a plan to regulate hemp production pursuant to 7 U.S.C. Section 1639p," in the middle, and added the last sentence.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2019, "on and after May 10, 2019" was substituted for "immediately upon this chapter becoming effective" in subsection (b).

U.S. Code.

- Section 5940 of Title 7 of the U.S.C., referred to in this Code section, concerns the legitimacy of industrial hemp research.


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