§ 16-12-231. Exemptions From Arrest, Prosecutions, or Penalty

The following persons and entities, when acting in accordance with the provisions of this article, shall not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the medical use, prescription, administration, manufacture, distribution, or transport of low THC oil or products:

1. A registered patient who is in possession of an amount of low THC oil or products authorized under Code Section 16-12-191 or such patient’s caregiver, parent, or guardian;
2. A physician who certifies a patient to the Department of Public Health as being diagnosed with a condition or in a hospice program and authorized to use low THC oil or products for treatment pursuant to Code Section 31-2A-18;
3. A pharmacist or pharmacy that dispenses or provides low THC oil or products to a registered patient;
4. The commission or its employees or contractors associated with the production of low THC oil or products in accordance with this article;
5. A designated university, an employee of a designated university, or any other person associated with the production of low THC oil or products in accordance with this article; and
6. An employee, contractor, or agent of a licensee with proper identification associated with the production, manufacture, distribution, transport, or sale of low THC oil or products in accordance with this article.

History. Code 1981, § 16-12-231 , enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 20/SB 195.

The 2021 amendment, effective July 1, 2021, inserted “or products” throughout this Code section; substituted “distribution, or transport” for “or distribution” near the end of the introductory paragraph; deleted “and” at the end of paragraph (4); substituted “; and” for a period at the end of paragraph (5); and added paragraph (6).

Editor’s notes.

Ga. L. 2021, p. 184, § 28/SB 195, not codified by the General Assembly, provides that: “Nothing in this Act shall be deemed to change, amend, or alter any criteria for applications for a Class 1 or Class 2 production license submitted to the Georgia Access to Medical Cannabis Commission on or prior to January 27, 2021.”