Rule 40-32-4-.02. Consumable Hemp Product Wholesalers
Rule 40-32-4-.02. Consumable Hemp Product Wholesalers
(1) License Required. Any person desiring to sell, offer for sale, or otherwise distribute prepackaged consumable hemp products to Georgia retail consumable hemp establishment licensees, or any person in Georgia desiring to sell prepackaged consumable hemp products to retail establishments located outside of Georgia that are authorized to sell consumable hemp products to consumers in the jurisdiction where such establishments are located, must first obtain a wholesale consumable hemp license issued by the Department.
- (a) Wholesale consumable hemp licenses issued by the Department shall be issued in connection with a single location where wholesale consumable hemp product licensees will store and otherwise operate as a wholesaler of consumable hemp products, whether such facility is owned or leased by the licensee. For a person to store and otherwise operate as a wholesaler of consumable hemp products at multiple locations, such person shall be required to obtain separate wholesale consumable hemp license for each such wholesale location. No licensee may transfer a wholesale consumable hemp license between locations.
(2) License Application. As part of the wholesale consumable hemp license application, each applicant must submit to the Department the following:
- (a) An annual wholesale consumable hemp license fee of $500.00;
(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 store consumable hemp products and otherwise operate as a wholesaler of consumable hemp products and whether the location is owned or leased by the applicant;
- (i) Wholesale consumable hemp licensees without a physical location within the state and that only sell to Georgia retail consumable hemp establishment licensees, must provide the location (street address) in the applicant's home jurisdiction from which they wholesale consumable hemp products to Georgia retail consumable hemp establishment licensees.
5. If the applicant is an entity, a current Certificate of Existence obtained through the Georgia Secretary of State's Office; and
- (i) If applicant is an 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 store and wholesale consumable hemp products on the property listed on the application;
- (i) For purposes of satisfying this rule, sufficient ownership of property or legal permission to store and wholesale 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.
- (d) The approximate dimensions or square footage of the wholesale consumable hemp location;
- (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; and
- (f) An acknowledgment of the general requirements set forth or referenced in this rule.
(3) License Timing.
(a) Wholesale consumable hemp licenses will be issued on January 1 of each year, or otherwise when approved by the Department. Wholesale consumable hemp licenses will expire on December 31 of each calendar year for which the Department issued the license.
- 1. Notwithstanding the above, wholesale consumable hemp 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 wholesale consumable hemp license, a licensee may renew its wholesale consumable hemp license upon timely submission of the $500.00 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 wholesale consumable hemp licensee may request to update the information associated with the license. To request a change to information associated with a wholesale consumable hemp 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 wholesale consumable hemp 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 wholesale consumable hemp license application in satisfaction of GA. Comp. R. & Regs. r. 40-32-4-.02(2)(b) and (d).
- (i) Licensees will be limited to a maximum of ten (10) changes per license year.
(4) General Requirements. Wholesale consumable hemp licensees shall abide by the following minimum requirements set forth in the Georgia Hemp Farming Act.
(a) Wholesale consumable hemp licensees are prohibited from wholesaling 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;
- (iii) Without a conspicuous label providing the information required in GA. Comp. R. & Regs. r. 40-32-5;
- (iv) With a total delta-9-THC concentration that exceeds the legal limit;
- (v) That contains one or more analytes 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) That contain alcohol or constitutes an alcoholic beverage under Title 3 of the Official Code of Georgia Annotated.
(5) Compliance and Enforcement.
- (a) The Department will conduct inspections at wholesale consumable hemp establishments for compliance with the Georgia Hemp Farming Act and this Chapter. The Department may randomly inspect and test consumable hemp products stored or offered for wholesale.
- (b) A wholesale consumable hemp 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 wholesale consumable hemp 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.
Authority: O.C.G.A. §§ 2-2-9; 2-5-1et seq.; 2-23-1 et seq.
History. Original Rule entitled "Consumable Hemp Product Wholesalers" adopted. F. Sept. 11, 2024; eff. Oct. 1, 2024.