2020 Georgia Code
Title 2 - Agriculture
Chapter 23 - Hemp Farming
§ 2-23-3. Definitions

As used in this chapter, the term:

1. "Commercial sale" means the sale of products in the stream of commerce at retail, at wholesale, and online.
2. "Cultivate" means to plant, water, grow, and harvest a plant or crop.
3. "Federally defined THC level for hemp" means a delta-9-THC concentration of not more than 0.3 percent on a dry weight basis, or as defined in 7 U.S.C. Section 1639o, whichever is greater.
4. "Handle" means to possess or store hemp plants for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or permitted to process hemp, or to possess or store hemp plants in a vehicle 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 this term shall not include possessing or storing finished hemp products.
5. "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 the federally defined THC level for hemp or a lower level.
6. "Hemp products" means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for legal commercial sale, but not including food products infused with THC unless approved by the United States Food and Drug Administration.
7. "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 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. This term shall not include nonexecutive managers, such as farm, field, or shift managers.
8. "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.
9. "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.
10. "Process" or "processing" means converting an agricultural commodity into a legally marketable form. This term does not include merely placing raw or dried material into another container or packaging raw or dried material for resale.
11. "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.
12. "THC" means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.

(Code 1981, §2-23-3, enacted by Ga. L. 2019, p. 1030, § 1/HB 213; Ga. L. 2020, p. 292, § 1/HB 847.)

The 2020 amendment, effective July 22, 2020, substituted "or as defined in 7 U.S.C. Section 1639o," for "or the THC concentration for hemp defined in 7 U.S.C. Section 5940," in paragraph (3); in paragraph (4), inserted "permitted to" twice, inserted "or a college or university authorized to conduct research pursuant to Code Section 2-23-4", inserted "or permitted", inserted "or to a college or university authorized to conduct research pursuant to Code Section 2-23-4" and substituted "this term" for "such term" near the end; added paragraph (7); redesignated former paragraphs (7)-(11) as present paragraphs (8)-(12), respectively; and added the last sentence in paragraph (10).