Compilation of Rules and Regulations of the State of Georgia
Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE
Chapter 40-32 - HEMP GROWERS AND PROCESSORS
Subject 40-32-2 - HEMP GROWERS
Rule 40-32-2-.02 - Grower License Terms and Conditions
Current through Rules and Regulations filed through September 23, 2024
Each Licensee must acknowledge and agree to the terms and conditions governing the Hemp Grower License which include, but are not limited to, the following:
(1) Except as explicitly provided for in these Rules or corrections of typographical errors approved by the Department, no alterations will be allowed to any Hemp Grower License or to any Grow Site once approved.
(2) The Licensee must notify the Department, via e-mail to hemp@agr.georgia.gov, of any theft or loss of hemp or hemp materials, whether growing or not, within forty-eight (48) hours of the discovery of such theft or loss.
(3) The Licensee must report any felony convictions or misdemeanor convictions, of itself or any of its key participants, relating to controlled substances under Georgia law or under Federal law to the Department, via e-mail to hemp@agr.georgia.gov, within five (5) calendar days of receiving notice of such conviction.
(4) The Licensee must notify the Department, via e-mail to hemp@agr.georgia.gov, within ten (10) calendar days of the following:
(5) Any information provided to the Department may be publicly disclosed in accordance with the Georgia Open Records Act (O.C.G.A. § 50-18-70 et. seq.) and may be provided to law enforcement agencies without further notice to the applicant.
(6) No Hemp Grower License shall be issued to any applicant who has been convicted of a misdemeanor involving the sale of or trafficking in a controlled substance or a felony or who materially falsifies any information contained in a license application. Each owner, key participant, and person holding a beneficial interest in the Licensee will be subject to this restriction for purposes herein.
(7) No person will be issued more than one Hemp Grower License, nor will any person be permitted to have a beneficial interest in more than one Hemp Grower License, regardless of the degree of such interest, as provided in O.C.G.A. § 2-23-5.
(8) Hemp Grower Licenses cannot be sold, assigned, transferred, pledged, or otherwise disposed of, alienated, or encumbered to or by another person, business, individual, or entity.
(9) The Licensee must have the legal right to cultivate hemp on the Grow Site(s) listed on the Hemp Grower License and must have the legal authority to grant the Department physical access to all land and buildings for inspection and sampling purposes. Legal authority includes, but is not limited to, clear title, necessary easements, necessary licenses, and/or current leases.
(10) The Licensee must allow and fully cooperate with all required sampling, testing, audits, and inspections.
(11) The Licensee must provide for a right of way or other access point allowing the Department and law enforcement agencies to access the licensed Grow Site(s).
(12) The Licensee must maintain all records, documents, or information and make all reports within the applicable time frames as required in these Rules.
(13) Hemp must not be cultivated, handled, harvested, or stored in any location that is not listed in the Hemp Grower License.
(14) The Licensee must scout and monitor unlicensed fields for volunteer cannabis plants and dispose of those volunteer cannabis plants for three (3) years past the last date of planting reported to the Department. In fulfilling Licensee's obligation under this Rule, Licensee is not required to enter property for which it does not have a legal right to enter.
(15) The Department will require disposal, without compensation, of plants located in an area that is not licensed by the Department as well as plants not accounted for in records required to be maintained by the Licensee.
(16) In the event that a tested official sample for a lot exceeds the acceptable hemp THC level upon its final retest, the Licensee's entire lot with the same GPS coordinates must either be disposed of or remediated in accordance with these Rules.
(17) The Licensee must not handle, dry, process, store, sell, transfer, ship, transport, deliver, distribute, or otherwise provide any cannabis that exceeds the acceptable hemp THC level. The Licensee must ensure that cannabis exceeding the acceptable hemp THC level does not enter the stream of commerce.
(18) The Licensee must ensure that hemp and hemp plant material from one lot is not commingled with hemp or hemp plant material from other lots. Licensees must label or otherwise reasonably identify lots sufficiently to enable Department inspectors or law enforcement to distinguish different lots.
(19) The Licensee must not ship, transport, deliver, or allow Live Hemp Plants and materials produced by the Licensee to be shipped, transported, or otherwise delivered to unlicensed areas including, but not limited to, trade shows, county fairs, educational events, or other events.
O.C.G.A. § 2-23-12.
