2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 12 - Offenses Against Public Health and Morals
Article 9 - Access to Medical Cannabis
Part 2 - Role of Commission
§ 16-12-213. Tracking Systems Required

1. The commission shall require that each Class 1 production licensee and Class 2 production licensee establish, maintain, and utilize, directly or by contract, a tracking system. The commission shall approve one or more vendors to provide or operate tracking systems.
2. A tracking system shall have the functions and capabilities described in subsections (c) and (d) of this Code section and shall be operated in compliance with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
3. The tracking system shall be hosted on a platform that allows for:
   1. Dynamic allocation of resources;
   2. Data redundancy; and
   3. Recovery from natural disaster within 12 hours.
4. The tracking system shall be capable of:
   1. Tracking all plants, products, packages, and registered patients' purchase totals, waste, transfers, conversions, sales, and returns that, if practicable, are linked to unique identification numbers;
   2. Tracking lot and batch information throughout the entire chain of custody;
   3. Tracking all marijuana, low THC oil, and products throughout the entire chain of custody;
   4. Tracking plant, batch, and marijuana, low THC oil, and product destruction;
   5. Tracking transportation of marijuana, low THC oil, and products;
   6. Performing complete batch recall tracking that clearly identifies all of the following details relating to the specific batch subject to the recall:
      1. Amount of low THC oil and products sold;
      2. Amount of low THC oil and products inventory that is finished and available for sale;
      3. Amount of low THC oil and products that is in the process of transfer;
      4. Amount of low THC oil and products being processed into another form; and
      5. Amount of postharvest raw marijuana, such as marijuana that is in the drying, trimming, or curing process;
   7. Reporting and tracking loss, theft, or diversion of marijuana, low THC oil, or products;
   8. Reporting and tracking all inventory discrepancies;
   9. Reporting and tracking adverse patient responses or dose related efficacy issues;
   10. Reporting and tracking all sales and refunds;
   11. Tracking purchase limits and flagging purchases in excess of authorized limits;
   12. Receiving electronically submitted information required to be reported under this Code section;
   13. Receiving testing results electronically from a laboratory via a secured application program interface into the tracking system and directly linking the testing results to each applicable source batch and sample;
   14. Flagging test results that have characteristics indicating that they may have been altered;
   15. Providing information to cross-check that low THC oil and product sales are made to a registered patient, caregiver, or designated caregiver and that the low THC oil and products received the required testing;
   16. Providing the commission with real-time access to information in the tracking system; and
   17. Providing real-time information to the commission regarding key performance indicators, including:
       1. Total low THC oil and products daily sales;
       2. Total marijuana plants in production;
       3. Total marijuana plants destroyed; and
       4. Total inventory adjustments.
5. A Class 1 production licensee or Class 2 production licensee shall supply the relevant tracking or testing information regarding each plant, product, package, batch, test, transfer, conversion, sale, recall, or disposition of marijuana, low THC oil, or products in or from such licensee's possession or control on forms created by the commission.

(Code 1981, §16-12-213, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 11/SB 195.)

The 2021 amendment, effective July 1, 2021, inserted "and products" throughout this Code section; substituted "marijuana, low THC oil, and products" for "marijuana and low THC oil" in paragraphs (d)(3) and (d)(5); substituted "marijuana, low THC oil, and product" for "marijuana and low THC oil" in paragraph (d)(4); substituted "marijuana, low THC oil, or products" for "marijuana or low THC oil" in paragraph (d)(7) and subsection (e); and inserted "and product" near the middle of paragraph (d)(15).

- Ga. L. 2021, p. 184, § 28/SB 195, not codified by the General Assembly, provides that: "Nothing in this Act shall be deemed to change, amend, or alter any criteria for applications for a Class 1 or Class 2 production license submitted to the Georgia Access to Medical Cannabis Commission on or prior to January 27, 2021."