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-.06 - Disposal or Remediation of Non-Compliant Cannabis

Universal Citation: GA Rules and Regs r 40-32-2-.06

Current through Rules and Regulations filed through March 20, 2024

(1) Cannabis exceeding the acceptable hemp THC level constitutes marijuana, a schedule I controlled substance under Georgia law and federal law.

(2) Licensees must either arrange for a Reverse Distributor to dispose of non-compliant cannabis or ensure the disposal of non-compliant cannabis at the Grow Site using one of the methods identified in these Rules.

(3) Prior to disposal, Licensees may attempt to remediate non-compliant cannabis using one of the methods identified in these Rules. After attempted remediation, an additional sample of the lot must be taken by a Department-approved sampling agent and tested in accordance with these Rules to confirm the lot contains an acceptable THC level.

(a) A lot that has undergone attempted remediation and yields an official sample test result that exceeds the acceptable THC level must not enter the stream of commerce and must be disposed of in accordance with these Rules.

(4) Upon notice and confirmation that a lot has exceeded the acceptable hemp THC level, the Department will issue an Order of Disposal or Remediation requiring the entire lot to be disposed of or remediated within a reasonable time to be determined by the Department. Within five days of receipt of an Order of Disposal or Remediation, a Licensee must notify the Department by email to hemp@agr.georgia.gov of its intent to either dispose of or attempt remediation of the non-compliant cannabis.

(5) The Licensee will be responsible for arranging disposal through a reverse distributor, disposal at the Grow Site using one of the methods identified in these Rules, or remediation.

(6) The Licensee will be responsible for all costs and fees associated with the disposal or remediation of cannabis exceeding the acceptable hemp THC level. No compensation will be owed by the Department to the Licensee for any such disposal or remediation.

(7) Cannabis subject to disposal or remediation must not be removed from the Grow Site or from any other area where such cannabis is being handled or stored.

(8) Within 14 days of the date of completion of disposal or remediation, the Licensee must submit a "Disposal or Remediation Report" form to the Department, which must contain the following information:

(a) Name and address of the Licensee;

(b) Hemp Grower License number;

(c) Geospatial location, including location type, or other valid land descriptor, for the production area subject to disposal or remediation;

(d) Descriptive information related to the disposal or remediation, including, as applicable:
1. Information on the reverse distributor agent handling the disposal and reverse distributor certification of completion of the disposal;

2. Evidence sufficient, in the Department's sole discretion, to document disposal of the non-compliant cannabis at the Grow Site by Licensee; or
i. Video or time-stamped photographic evidence of disposal will constitute sufficient evidence of disposal in most cases.

3. A written description of the remediation performed and post-remediation official sample test results.

(e) Total acreage or square footage disposed or remediated;

(f) Date of completion of disposal or remediation; and

(g) Signature of the Licensee.

O.C.G.A. § 2-23-12.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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