2025 Georgia Codes – Page 206

(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 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 infec-
tions, 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 custom-
ers for drug dealers in the State of Georgia.
Therefore, the purpose of this Code section is to prohibit the purchase and sale of marijuana flavored prod-
ucts 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 know-
ingly 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 guilty of a misdemeanor and shall
be subject to a fine of $500.00 for each offense. Each sale in violation of this Code section shall constitute a
separate offense.

Added 2024
(a) As used in this Code section, the term:
(1) “Controlled substance” has the same meaning as provided in Code Section 16-13-21.
(2) “Controlled substance counterfeiting material” means a punch, die, plate, stone, or other item
designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint,
or device of another or any likeness of any of the foregoing upon a drug or container or the labeling
thereof so as to render such drug a counterfeit substance.
(3) “Counterfeit substance” has the same meaning as provided in Code Section 16-13-21.
(4) “Encapsulating machine” means manual, semiautomatic, or fully automatic equipment that may be
used to fill shells or capsules with powdered or granular solids or semisolid material to produce coherent
solid tablets.
(5) “Pill press” means a mechanical device that compresses powder substances into tablets by running
such powder substance through a machine fitted with a die mold that determines the shape and markings
on such tablets.
(6) “Regulated person” means a person or entity described in paragraph (22), (28), (29), (30), (33), or
(41) of Code Section 26-4-5.
(7) “Tableting machine” means manual, semiautomatic, or fully automatic equipment that may be used to
compact or mold powdered or granular solids or semisolid material to produce coherent solid tablets.
(b) It shall be unlawful for any person other than a regulated person to possess, purchase, deliver, sell, or
possess with intent to sell or deliver a pill press or tableting machine, an encapsulating machine, or other
controlled substance counterfeiting materials knowing, intending, or having reasonable cause to believe
that such items or materials will be used to manufacture a controlled substance or counterfeit substance.
(c) Except as provided in subsection (b) of this Code section, a person who violates this Code section shall
be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than
one year nor more than ten years.