07 LC
38 0335S
House
Bill 280 (COMMITTEE SUBSTITUTE)
By:
Representatives Manning of the
32nd,
Johnson of the
37th,
Tumlin of the
38th,
Teilhet of the
40th,
Mumford of the
95th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to regulation of controlled substances, so as to present
legislative findings; to define terms; to ban the sale of marijuana flavored
products to minors; to provide for a penalty; to provide an effective date; to
provide for applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to regulation of controlled substances, is amended by inserting a new Code
section to read as follows:
"16-13-30.6.
(a)
As used in this Code section, the term:
(1)
'Marijuana flavored product' means any product, including lollipops, gumdrops,
or other candy, which is flavored to taste like marijuana or hemp. The term
shall include, but is not limited to, 'Chronic Candy,' 'Kronic Kandy,' or 'Pot
Suckers.'
(2)
'Minor' means any unmarried person under the age of 18 years.
(3)
'Person' means any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, limited liability company, joint
venture, joint stock association, or other entity or business organization of
any kind.
(b)
The General Assembly finds and determines that:
(1)
According to the '2004 Monitoring the Future Study' conducted by the University
of Michigan, 16.3 percent of eighth graders, 35.1 percent of tenth graders, and
45.7 percent of twelfth graders reported using marijuana at least once during
their lifetimes;
(2)
According to a 2002 Substance Abuse and Mental Health Service Administration
report, 'Initiation of Marijuana Use: Trends, Patterns and Implications,' the
younger children are when they first use marijuana, the more likely they are to
use cocaine and heroin and become drug dependent as adults;
(3)
Marijuana abuse is associated with many negative health effects, including
frequent respiratory infections, impaired memory and learning, increased heart
rate, anxiety, and panic attacks;
(4)
Marijuana users have many of the same respiratory problems that are associated
with tobacco use;
(5)
According to the '2001 National Household Survey on Drug Abuse,' marijuana is
the nation´s most commonly used illicit drug, and more than 83,000,000
Americans aged 12 and older have tried marijuana at least once;
(6)
Use of marijuana has been shown to lower test scores among high school students,
and workers who smoke marijuana are more likely to have problems on their
jobs;
(7)
Federal, state, and local governments spend millions of dollars annually on
programs educating people about the hazards of drugs, and the marketing of
marijuana flavored substances would have an adverse impact upon these programs;
(8)
The sale of marijuana flavored products, including lollipops and gum drops,
which claim 'every lick is like taking a hit' is a marketing ploy that
perpetuates an unhealthy culture and should not be permitted in the State of
Georgia;
(9)
Marijuana flavored products are a threat to minors in the State of Georgia
because such products give the false impression that marijuana is fun and safe;
(10)
Marijuana flavored products packaged as candy or lollipops falling into the
hands of unsuspecting minors may serve as a gateway to future use of marijuana
and other drugs; and
(11)
Merchants who sell marijuana flavored products are promoting marijuana use and
creating new customers for drug dealers in the State of Georgia.
Therefore,
the purpose of this law is to prohibit the purchase and sale of marijuana
flavored products to minors in the State of Georgia.
(c)
It shall be unlawful for any person knowingly to sell, deliver, distribute, or
provide to a minor or knowingly possess with intent to sell, deliver,
distribute, or provide to a minor any marijuana flavored product in the State of
Georgia.
(d)
It shall be unlawful for any minor falsely to represent to any person that such
minor is 18 years of age or older with the intent to purchase or otherwise
obtain any marijuana flavored product.
(e)
Any person who violates subsection (c) of this Code section shall be subject to
a fine of $1,000.00 for each offense. Each sale in violation of this Code
section shall constitute a separate offense."
SECTION
2.
This
Act shall become effective on July 1, 2007, and shall apply to offenses
committed on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.