TITLE 16 CRIMES AND OFFENSES

Section 12. Offenses Against Public Health and Morals, 16-12-1 through 16-12-191.

ARTICLE 8 REGULATION OF LOW THC OIL

16-12-191. Possession, manufacture, distribution, or sale of low THC oil; penalties.

1. 1. Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any person to possess or have under his or her control 20 fluid ounces or less of low THC oil if such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein and:
      1. Such person is registered with the Department of Public Health as set forth in Code Section 31-2A-18 and has in his or her possession a registration card issued by the Department of Public Health; or
      2. Such person has in his or her possession a registration card issued by another state that allows the same possession of low THC oil as provided by this state's law; provided, however, that such registration card shall not be lawful authority when such person has been present in this state for 45 days or more.
   2. Notwithstanding any provision of Chapter 13 of this title, any person who possesses or has under his or her control 20 fluid ounces or less of low THC oil without complying with paragraph (1) of this subsection shall be punished as for a misdemeanor.
2. 1. Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any person to possess or have under his or her control 20 fluid ounces or less of low THC oil if:
      1. Such person is involved in a clinical research program being conducted by the Board of Regents of the University System of Georgia or any authorized clinical trial or research study in this state or their authorized agent pursuant to Chapter 51 of Title 31 as:
         1. A program participant;
         2. A parent, guardian, or legal custodian of a program participant;
         3. An employee of the board of regents designated to participate in the research program;
         4. A program agent;
         5. A program collaborator and their designated employees;
         6. A program supplier and their designated employees;
         7. A program physician;
         8. A program clinical researcher;
         9. Program pharmacy personnel; or
         10. Other program medical personnel;
      2. Such person has in his or her possession a permit issued as provided in Code Section 31-51-7; and
      3. Such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein.
   2. Notwithstanding any provision of Chapter 13 of this title, any person who possesses or has under his or her control 20 fluid ounces or less of low THC oil without complying with subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall be punished as for a misdemeanor.
3. Notwithstanding any provision of Chapter 13 of this title, any person having possession of or under his or her control more than 20 fluid ounces of low THC oil but less than 160 fluid ounces of low THC oil or who manufactures, distributes, dispenses, sells, or possesses with the intent to distribute low THC oil shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years, a fine not to exceed $50,000.00, or both.
4. Notwithstanding any provision of Chapter 13 of this title, any person who sells, manufactures, delivers, brings into this state, or has possession of 160 or more fluid ounces of low THC oil shall be guilty of the felony offense of trafficking in low THC oil and, upon conviction thereof, shall be punished as follows:
   1. If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid ounces, by imprisonment for not less than five years nor more than ten years and a fine not to exceed $100,000.00;
   2. If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,000 fluid ounces, by imprisonment for not less than seven years nor more than 15 years and a fine not to exceed $250,000.00; and
   3. If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for not less than ten years nor more than 20 years and a fine not to exceed $1 million.
5. Subsections (c) and (d) of this Code section shall not apply to a person involved in a research program being conducted by the Board of Regents of the University System of Georgia or its authorized agent pursuant to Chapter 51 of Title 31 as an employee of the board of regents designated to participate in such program, a program agent, a program collaborator and their designated employees, a program supplier and their designated employees, a physician, clinical researcher, pharmacy personnel, or other medical personnel, provided that such person has in his or her possession a permit issued as provided in Code Section 31-51-7 and such possession, sale, manufacturing, distribution, or dispensing is solely for the purposes set forth in Chapter 51 of Title 31.
6. Nothing in this article shall require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in any form, or to affect the ability of an employer to have a written zero tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any employee from having a detectable amount of marijuana in such employee's system while at work.

(Code 1981, §16-12-191, enacted by Ga. L. 2015, p. 49, § 1-2/HB 1; Ga. L. 2016, p. 864, § 16/HB 737; Ga. L. 2017, p. 611, § 1/SB 16.)

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted "Code Section 31-51-7" for "Code Section 31-5-7" near the end of subsection (e).

The 2017 amendment, effective July 1, 2017, rewrote paragraph (a)(1) and deleted "subparagraphs (A), (B), and (C) of" following "complying with" near the end of paragraph (a)(2).