Ga. Comp. R. & Regs. R. 40-32-2-.06 - Disposal or Remediation of Non-Compliant Cannabis

(1) Cannabis exceeding the total delta-9-THC concentration legal limit constitutes marijuana, a Schedule I controlled substance under Georgia law and Federal law.

(2) Hemp grower 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 this Chapter.

(3) Prior to disposal, hemp grower licensees may attempt to remediate non-compliant cannabis using one of the methods identified in this Chapter. After attempted remediation, an additional sample of the lot must be taken by a Department-approved sampling agent and tested in accordance with this Subject to confirm the lot contains a total delta-9-THC concentration within the legal limit.

(a) A lot that has undergone attempted remediation and yields an official sample test result that exceeds the total delta-9-THC concentration legal limit must not enter the stream of commerce and must be disposed of in accordance with this Subject.

(4) Upon notice and confirmation that a lot has exceeded the total delta-9-THC concentration legal limit, 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 hemp grower licensee must notify the Department by email at hemp@agr.georgia.gov of its intent to either dispose of or attempt remediation of the non-compliant cannabis.

(5) The hemp grower licensee will be responsible for arranging disposal through a reverse distributor, disposal at the grow site using one of the methods identified in this Chapter, or remediation.

(6) The hemp grower licensee will be responsible for all costs and fees associated with the disposal or remediation of cannabis exceeding the total delta-9-THC concentration legal limit. No compensation will be owed by the Department to a hemp grower 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 hemp grower licensee must submit a "Disposal or Remediation Report" form to the Department, which must contain the following information:

(a) Name and address of the hemp grower 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 the hemp grower 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 hemp grower licensee.

Notes

Ga. Comp. R. & Regs. R. 40-32-2-.06

O.C.G.A. §§ 2-2-9; 2-23-1 et seq.

Original Rule entitled "Disposal of Non-Compliant Cannabis" adopted. F. Feb. 10, 2020; eff. Mar. 1, 2020. Amended: New title, "Disposal or Remediation of Non-Compliant Cannabis." F. Jan. 19, 2022; eff. Feb. 8, 2022. Amended: F. Sept. 11, 2024; eff. Oct. 1, 2024.