2025 Georgia Codes – Page 190

(a) A licensee or licensee’s employee who knowingly or willfully encourages, causes, abets, connives, con-
spires, or aids in the endangerment of patients, trafficking of low THC oil, products, or its manufacturing by-
products, or criminal distribution of raw materials and agricultural inputs, including but not limited to seeds,
under this part shall be guilty of a felony and, upon conviction thereof, be punished by a fine not to exceed
$100,000.00, imprisonment for not less than five nor more than ten years, or both.
(b) Any person whose acts or omissions of gross, willful, or wanton negligence contribute to or cause the
endangerment of patients, trafficking of low THC oil, products, or its manufacturing by-products, or criminal
distribution of raw materials and agricultural inputs, including but not limited to seeds, under this part shall
be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, be punished by a
fine of up to $5,000.00, imprisonment for up to 12 months, or both.
(c) Failure to comply with all other provisions of this part shall be punishable by a fine of up to $500.00 for
the first offense. All persons convicted of a second or subsequent offense shall be guilty of a misdemeanor
and, upon conviction thereof, be punished by a fine of up to $1,000.00, imprisonment for up to six months,
or both, for each violation.
(d) The provisions of this Code section shall not preclude prosecution and punishment for the commission of
any offense otherwise provided by law.

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, prescrip-
tion, 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 condi-
tion 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 prod-
ucts 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.

It shall be unlawful to ingest low THC oil or products in a manner that employs a heating element, power
source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size,
that can be used to produce vapor in a solution or other form, including but not limited to any electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor
cartridge or other container of low THC oil or product in a solution or other form that is intended to be used
with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or
device.