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 - Hemp Grower License Terms and Conditions
Current through Rules and Regulations filed through September 23, 2024
Each hemp grower 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 this Subject 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 hemp grower 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 hemp grower licensee must report any felony convictions, of itself or any of its key participants, relating to controlled substances under Georgia or 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 hemp grower 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 felony related to a State or Federally controlled substance within ten years of the date of the application, or to an applicant with a key participant that has been convicted of the same, or who materially falsifies any information contained in a license application.
(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, 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 hemp grower 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, or current leases.
(10) The hemp grower licensee must allow and fully cooperate with all required sampling, testing, audits, and inspections.
(11) The hemp grower 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). The hemp grower licensee must not deny or impede any Department or law enforcement official access for compliance, sampling, or inspection purposes.
(12) The hemp grower licensee must maintain all records, documents, or information and make all reports within the applicable time frames as required in this Subject.
(13) Hemp must not be cultivated, handled, harvested, or stored in any location that is not listed in the hemp grower license application or a subsequent change request.
(14) The hemp grower 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 this requirement, a hemp grower licensee is not required to enter property onto which it does not have a legal right to enter.
(15) A hemp grower licensee must dispose, 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 hemp grower licensee.
(16) In the event that a tested official sample for a hemp lot exceeds the legal limit of total delta-9-THC concentration upon its final retest, the hemp grower licensee must dispose of or remediate the entire lot of hemp with the same GPS coordinates in accordance with this Subject.
(17) A hemp grower licensee must not handle, dry, process, store, sell, transfer, ship, transport, deliver, distribute, or otherwise provide any cannabis that exceeds the total delta-9-THC concentration legal limit. Hemp grower licensees must ensure that cannabis exceeding the total delta-9-THC concentration legal limit does not enter the stream of commerce.
(18) Hemp grower licensees must ensure that hemp and hemp plant material from one lot is not commingled with hemp or hemp plant material from other lots. Hemp grower licensees must label or otherwise reasonably identify lots sufficiently to enable Department inspectors or law enforcement officials to distinguish between lots.
(19) Hemp grower licensees must not ship, transport, deliver, or allow live hemp plants and materials produced by the hemp grower 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. §§ 2-2-9; 2-5-1 et seq.; 2-23-1 et seq.
