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 40-32-3 - HEMP PROCESSORS
Rule 40-32-3-.06 - Disposal of Non-Compliant Cannabis Products
Current through Rules and Regulations filed through September 23, 2024
(1) Cannabis products exceeding the acceptable hemp THC level constitute marijuana, a schedule I controlled substance under Georgia law and federal law.
(2) Cannabis products exceeding the acceptable hemp THC level must be disposed of in accordance with the CSA and DEA regulations found at 21 CFR 1317.15 by a reverse distributor or as otherwise approved in writing by the Department.
(3) The Permittee must immediately notify the Department via email to hemp@agr.georgia.gov any time analytical testing determines that cannabis products exceed the acceptable hemp THC level.
(4) Upon notice and confirmation that a cannabis product has exceeded the acceptable hemp THC level, the Department will issue an Order of Disposal requiring all related cannabis products to be disposed within a reasonable time to be determined by the Department.
(5) The Permittee will be responsible for arranging disposal through a reverse distributor.
(6) The Permittee will be responsible for all costs and fees associated with the disposal of cannabis exceeding the acceptable hemp THC level. No compensation will be owed by the Department to the Permittee for any such disposal.
(7) Cannabis products subject to disposal must not be removed from the permitted facility or from any other area where such cannabis is being processed, handled, or stored.
(8) Within 14 days of the date of completion of disposal, the Processor must submit a "Disposal Report" form to the Department, which must contain the following information:
O.C.G.A. § 2-23-12.