Ga. Comp. R. & Regs. R. 40-32-4-.03 - Retail Consumable Hemp Establishments

(1) License Required. Any person desiring to sell, offer for sale, or otherwise distribute any consumable hemp product to consumers in this state must first obtain a retail consumable hemp establishment license issued by the Department.

(a) Retail consumable hemp establishment licenses issued by the Department shall be issued in connection with a single retail location where consumable hemp products will be sold or offered for sale to consumers by the licensee. For a person to sell or offer for sale consumable hemp products to consumers at multiple retail locations, such person shall be required to obtain separate retail consumable hemp establishment licenses for each such retail location. No licensee may transfer a retail consumable hemp establishment license between locations.

(2) License Application. As part of the retail consumable hemp establishment license application, each applicant must submit to the Department the following:

(a) An annual retail consumable hemp establishment license fee of $250.00;

(b) Information regarding the applicant's business including, but not limited to:

1. Legal individual or entity name;

2. Principal office address;

3. Telephone number and email address;

4. The location (street address) where the applicant will sell or offer for sale consumable hemp products in Georgia and whether the location is owned or leased by the applicant;

(i) Retail consumable hemp establishment licensees without a physical location within the state and that only sell to Georgia customers online, must provide the location (street address) in the licensee's home jurisdiction from which they ship consumable hemp products to Georgia customers.

5. If the applicant is a business entity, a current Certificate of Existence obtained through the Georgia Secretary of State's Office; and

(i) If the applicant is a business entity formed in a foreign jurisdiction, including a different state, it must submit an equivalent certificate of existence from its home jurisdiction, as well as a Georgia Certificate of Authority to conduct business.

6. If the applicant is an entity, the names of the owners, partners, members, or shareholders of the entity.

(c) An attestation that the applicant has legal permission to commercially sell consumable hemp products on the property listed on the application.

(i) For purposes of satisfying this requirement, sufficient ownership of property or legal permission to commercially sell consumable hemp products includes property specifically deeded or leased to the applicant, whether an individual or entity, use of which will not be in violation of local zoning or other ordinances or O.C.G.A. § 2-23-9.3.

(d) The approximate dimensions or square footage of the retail consumable hemp establishment;

(e) Written consent, allowing representatives of the Department to enter all premises where consumable hemp products are stored and sold for the purpose of conducting inspections and ensuring compliance with the requirements of the Georgia Hemp Farming Act and this Chapter;

(f) An attestation that the applicant understands the restrictions on sale of consumable hemp products in O.C.G.A. §§ 16-12-240 through 16-12-243, including applicable signage requirements and the prohibition of sale or furnishing of consumable hemp products to persons under 21 years of age; and

(g) An acknowledgment of the general requirements set forth or referenced in this rule.

(3) License Timing.

(a) Retail consumable hemp establishment licenses will be issued on January 1 of each year, or otherwise when approved by the Department. Retail consumable hemp establishment licenses will expire on December 31 of each calendar year for which the Department issued the license.

1. Notwithstanding the above, retail consumable hemp establishment licenses issued by the Department between July 1, 2024, and December 31, 2024, will expire on December 31, 2025.

(b) At the conclusion of any calendar year during which a licensee holds a retail consumable hemp establishment license, a licensee may renew its retail consumable hemp establishment license upon timely submission of the $250.00 licensee fee, so long as:

1. No administrative action has been taken by the Department against the licensee; and

2. The information in the licensee's original application is current and accurate.

(c) A retail consumable hemp establishment licensee may request to update the information associated with the license. To request a change to information associated with a retail consumable hemp establishment license, the licensee must, at least ten (10) calendar days prior to effectuating the change, submit the proposed changes on the Department's website used to administer retail consumable hemp establishment licenses. Changes to information associated with a license will be valid only upon the Department's approval.

Licensees may request changes to the following information associated with a license:

1. The information originally submitted in the licensee's retail consumable hemp establishment license application in satisfaction of GA. Comp. R. & Regs. r. 40-32-4-.03(2)(b) and (d).

(i) Licensees will be limited to a maximum of ten (10) changes per license year.

(4) General Requirements. Retail consumable hemp establishment licensees shall abide by the following minimum requirements set forth in the Georgia Hemp Farming Act.

(a) Retail consumable hemp establishment licensees are prohibited from selling hemp or hemp products in violation of the Georgia Hemp Farming Act, including by:

1. Selling or offering for sale the flower or leaves of the Cannabis sativa L. plant, regardless of the total delta-9-THC concentration in such flower or leaves;

2. Selling non-compliant consumable hemp products, including, but not limited to, consumable hemp products:

(i) For which a full panel certificate of analysis has not been obtained within the past 12 calendar months and made available to the public;

(ii) Without a warning sticker of the universal symbol identified in GA. Comp. R. & Regs. r. 40-32-5-.03;

(iii) Without a conspicuous label providing the information required in GA. Comp. R. & Regs. r. 40-32-5-.03;

(iv) With a total delta-9-THC concentration that exceeds the legal limit;

(v) That contain one or more contaminants in excess of the maximum levels established in Subject 40-32-5 of this Chapter;

(vi) That contain a materially different composition from what is shown on the label or relevant full panel certificate of analysis;

(vii) That are packaged in a container that fails to comply with the requirements established in GA. Comp. R. & Regs. r. 40-32-5-.04;

(viii) That are advertised in any manner that fails to comply with the requirements established in GA. Comp. R. & Regs. r. 40-32-5-.05;

(ix) That constitute a food product; or

(x) Contain alcohol or constitutes an alcoholic beverage under Title 3 of the Official Code of Georgia Annotated.

3. Selling or distributing consumable hemp products to consumers from a retail establishment located within 500 feet of any educational institution, public or private, providing elementary or secondary education to children at any level, kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used by such institution, unless such establishment began operation prior to July 1, 2024;

4. Naming or advertising the consumable hemp retail establishment in such a way as to violate GA. Comp. R. & Regs. r. 40-32-5-.05.

(5) Compliance and Enforcement.

(a) The Department will conduct inspections at retail consumable hemp establishments for compliance with the Georgia Hemp Farming Act, this Chapter, and O.C.G.A. §§ 16-12-240 through 16-12-243. The Department may randomly inspect and test consumable hemp products offered for sale.

(b) A retail consumable hemp establishment licensee violates the Georgia Hemp Farming Act when failing to comply with any provision of the Georgia Hemp Farming Act or the applicable requirements set forth in this Chapter.

(c) A violation of the Georgia Hemp Farming Act or this Chapter by a retail consumable hemp establishment licensee is subject to enforcement in accordance with the Georgia Hemp Farming Act and O.C.G.A. § 2-2-1 et seq. including, but not limited to, the imposition of monetary penalties, license revocation, or the disposal of non-compliant consumable hemp products.

Notes

Ga. Comp. R. & Regs. R. 40-32-4-.03

O.C.G.A. §§ 2-2-9; 2-5-1 et seq.; 2-23-1 et seq.

Original Rule entitled "Retail Consumable Hemp Establishments" adopted. F. Sept. 11, 2024; eff. Oct. 1, 2024.