Section 2-23-3 - [Effective 10/1/2024] DefinitionsAs used in this chapter, the term:
(1) "Attractive to children" means the use of any characters or symbols designed to appeal, or would likely appeal, primarily to individuals under 21 years of age, including but not limited to anthropomorphized animals, creatures, promotional characters, licensed characters, or inanimate objects; depictions of children; or depictions of candy.(2) "Commercial sale" means the sale of products in the stream of commerce at retail, at wholesale, and online.(3) "Consumable hemp product" means a hemp product intended to be ingested, absorbed, or inhaled by humans or animals.(4) "Contaminant" means a foreign substance or compound that may, if ingested, absorbed, or inhaled, have an adverse effect on the health of a human or animal. Such term shall include, without limitation, heavy metals, pesticide residues, residual solvents or processing chemicals, and any other substance or compound that the department determines could, if ingested, absorbed, or inhaled, have an adverse effect on the health of a human or animal.(5) "Cultivate" means to plant, water, grow, and harvest a plant or crop.(6) "Delta-9-THC" means delta-9-tetrahydrocannabinol.(7) "Delta-9-THCA" means delta-9-tetrahydrocannabinolic acid.(9) "Full panel certificate of analysis" means a report, produced by a laboratory which is unaffiliated with the processor or manufacturer and which has been accredited pursuant to the standards of the International Organization for Standardization for the competence, impartiality, and consistent operation of laboratories, attesting to the composition of a product.(10) "Handle" means to possess or store hemp plants for any period of time other than during the actual transport of such plants from the premises of a person licensed to cultivate or permitted to process hemp or a college or university authorized to conduct research pursuant to Code Section 2-23-4 to the premises of another licensed or permitted person or to a college or university authorized to conduct research pursuant to Code Section 2-23-4; provided, however, that such term shall not include possessing or storing finished hemp products.(11) "Hemp" means the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9-THC concentration that does not exceed the legal limit.(12) "Hemp grower licensee" means an individual or business entity possessing a hemp grower license issued by the department under the authority of this chapter to handle and cultivate hemp in the State of Georgia.(13) "Hemp products" means all products with a total delta-9-THC concentration that does not exceed the legal limit that are derived from, or made by, processing hemp plants or plant parts and that are prepared in a form available for commercial sale.(14) "Industrial hemp product" means any hemp product that is not a consumable hemp product.(15) "Key participant" means a sole proprietor, a partner in a partnership, or a person with executive managerial control in a corporation when such sole proprietor, partnership, or corporation is an applicant to be a hemp grower licensee or a permittee. A person with executive managerial control in a corporation includes persons serving as a chief executive officer, chief operating officer, chief financial officer, or any other individual identified in regulations promulgated by the department. Such term shall not include nonexecutive managers, such as farm, field, or shift managers.(16) "Legal limit" means a total delta-9-THC concentration that is the lesser of:(B) The percentage limit set forth in 7 U.S.C. Section 1639o.(17) "Licensee" means an individual or business entity possessing a license issued by the department under the authority of this chapter .(18) "Manufacture" means to create, produce, manipulate, combine, or package.(19) "Manufacturer license" means a license issued by the department under the authority of this chapter to an individual or business entity that manufactures consumable hemp products or industrial hemp products in this state.(20) "Measurement of uncertainty" means the parameter, associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.(21) "Permittee" means an individual or business entity possessing a hemp processor permit issued by the department under the authority of this chapter to handle and process hemp in the State of Georgia.(22)(A) "Process" or "processing," except as otherwise provided in subparagraph (B) of this paragraph, means converting an agricultural commodity into a legally marketable form.(B) Such term shall not include:(i) Merely placing raw or dried material into another container or packaging raw or dried material for resale; or(ii) Traditional farming practices such as those commonly known as drying, shucking and bucking, storing, trimming, and curing.(23) "QR code" means a quick response code that is a type of machine-readable, two-dimensional barcode that stores information about a product.(24) "Registered laboratory" means an individual or business entity that tests or analyzes any plant within the genus Cannabis, including but not limited to hemp, and products made from or derived from such plant, including but not limited to hemp products and consumable hemp products, and that has registered with the department under this chapter.(25) "Research" or "researching" means experimental field, greenhouse, or laboratory activity for the ultimate purpose of developing new hemp varieties and products, improving existing hemp products, developing new uses for existing hemp products, or developing or improving methods for producing hemp products.(26) "Retail consumable hemp establishment license" means a license issued by the department under the authority of this chapter to an individual or business entity that prepares or sells prepackaged consumable hemp products to consumers.(27) "THC" means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.(28) "Total delta-9-THC concentration" means a concentration of delta-9-THC as determined by Code Section 2-23-3.1.(29) "Wholesale consumable hemp license" means a license issued by the department under the authority of this chapter to an individual or business entity that sells, in bulk, prepackaged consumable hemp products to retail consumable hemp establishment licensees or to other retail establishments located outside of the State of Georgia that are authorized to sell consumable hemp products to consumers in the jurisdiction where such establishments are located.Amended by 2024 Ga. Laws 498,§ 3, eff. 10/1/2024.Amended by 2021 Ga. Laws 261,§ 1, eff. 5/7/2021.Amended by 2020 Ga. Laws 484,§ 1, eff. 7/22/2020.Added by 2019 Ga. Laws 314,§ 1, eff. 5/10/2019.This section is set out more than once due to postponed, multiple, or conflicting amendments.