Sampling and Random Testing of Hemp

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    1. The department shall have the right, either through its own personnel or through an independent contractor as provided for in Code Section 2-23-9, to collect samples of hemp for testing as provided for in this chapter from the fields and greenhouses of all licensees. Samples shall be representative of each crop with the same global positioning coordinates. No hemp shall be harvested until such samples are collected. Such testing, and the harvesting of the hemp tested, shall be conducted in compliance with this chapter and with regulations promulgated by the department.
    2. In the event that a test sample reveals a delta-9-THC concentration of more than the federally defined THC level for hemp, the licensee's entire crop with the same global positioning coordinates shall be destroyed in compliance with this chapter and with regulations promulgated by the department.
    1. The department shall, as provided for in Code Section 2-23-9, randomly test hemp products of the facilities of all permittees. Such testing shall be conducted in compliance with this chapter and with regulations promulgated by the department.
    2. In the event that a test sample reveals a delta-9-THC concentration of more than the federally defined THC level for hemp, all related hemp products shall be destroyed in compliance with this chapter and with regulations promulgated by the department.
    3. In the event that THC is removed from hemp during processing and not subsequently returned to hemp products produced from such hemp, such THC shall be destroyed in compliance with this chapter and with regulations promulgated by the department.

(Code 1981, §2-23-8, enacted by Ga. L. 2019, p. 1030, § 1/HB 213; Ga. L. 2020, p. 292, § 6/HB 847.)

The 2020 amendment, effective July 22, 2020, rewrote this Code section.


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