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 to

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

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

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

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

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

for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

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SECTION 1-1.

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

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SECTION 1-2.

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

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

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definitions of controlled substances, as follows:

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

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

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(ii) The the seeds thereof,;

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

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

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such plant, its seeds, or resin;.

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

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

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

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

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

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

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

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Agricultural Act of 2014;

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

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germination; or

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

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

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

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wasting;

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(II) Glaucoma;

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(III) AIDS;

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(IV) ALS;

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(V) Seizure disorders;

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(VI) Mutiple sclerosis;

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(VII) Crohn's disease,

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(VIII) Mitochondrial disease;

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(IX) Alzheimer's disease;

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(X) Muscle spasticity disorder;

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(XI) Fibromyalgia;

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(XII) Parkinson's disease;

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(XIII) PTSD;

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(XIV) Autism;

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(XV) Sickle cell anemia;

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(XVI) Tourette syndrome; or

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

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

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who are being treated with an extracted cannabinol or cannabidiol oil that does not

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

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

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

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

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

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part of the total amount of tetrahydrocannabinol."

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SECTION 1-3.

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

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

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

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

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by weight of tetrahydrocannabinols; and

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

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

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cannabis;.

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

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extracted oil form that:

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

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

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than one part of the total amount of tetrahydrocannabinol; or

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

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

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

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tetrahydrocannabinol; and

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

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

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

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

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

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

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

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

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

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

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PART II

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SECTION 2-1.

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

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

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

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SECTION 2-2.

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

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a new chapter to read as follows:

"CHAPTER 50

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31-50-1.

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

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

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

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

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

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

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

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

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Medical Cannabis Regulation.

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31-50-2.

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

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

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

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

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

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

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

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

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

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designee.

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

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

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

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

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

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elected or appointed official.

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

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

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

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

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

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to break a tie.

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

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

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

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support the work of the commission.

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31-50-3.

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

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

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

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

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every year.

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

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commission.

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

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

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

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

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are state officials, other than legislative members, or state employees shall receive no

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

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

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

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

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

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

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

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appropriated to the Senate and the House of Representatives.

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31-50-4.

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(a) The commission shall have the following duties:

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

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cannabis in this state.

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

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

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

Such recommendations shall include, without limitations,

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

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medical cannabis and any recommended action or proposed legislation which the

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

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

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Committee on Appropriations, the Senate Appropriations Committee, the House

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

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

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other states with regard to medical cannabis; and

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

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

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

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cannabis.

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(b) The commission shall have the following powers:

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

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in this state;

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

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to the greatest extent allowed by state and federal law;

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

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

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chairperson necessary or incidental to the performance of its duties;

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

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

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commission deems necessary to fulfill its responsibilities.

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

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

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

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the commission.

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

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to legislate as authorized by the Constitution of Georgia.

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31-50-5.

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

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PART III

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SECTION 3-1.

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

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without such approval.

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SECTION 3-2.
All laws and parts of laws in conflict with this Act are repealed.

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