GA 2020-1 April 13, 2020

Should fingerprinting be required for the new high-and-aggravated misdemeanor in Georgia's medical low-THC oil program?

Short answer: Yes for § 16-12-225(b), the misdemeanor of high and aggravated nature for gross, willful, or wanton negligence by acts or omissions that contribute to or cause endangerment of patients, trafficking of low THC oil or its manufacturing byproducts, or criminal distribution of raw materials and agricultural inputs. The AG reviewed the broader low-THC oil sections in §§ 16-12-210 through 16-12-222 and § 16-12-226 and found no other misdemeanor offenses to designate.

Disclaimer: This is an official Georgia Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Georgia attorney for advice on your specific situation.

Plain-English summary

The 2019 General Assembly enacted HB 324, the Georgia's Hope Act, which created the framework for an in-state low-THC oil production and dispensing program for registered medical patients. The provisions are codified at O.C.G.A. §§ 16-12-210 through 16-12-222, with related sections at § 16-12-225 and § 16-12-226. The 2019 GCIC fingerprintable-offense review (2019 Op. Att'y Gen. 2019-3) had not addressed these provisions. In January 2020, the Deputy Director of GCIC asked AG Chris Carr to supplement that review.

The supplemental opinion focused on O.C.G.A. § 16-12-225(b), a misdemeanor of high and aggravated nature for "[a]ny person, whose acts or omissions of gross, willful, or wanton negligence contribute to or cause the endangerment of patients, trafficking of low THC oil or its manufacturing byproducts, or criminal distribution of raw materials and agricultural inputs." The AG designated this offense as fingerprintable. The high-and-aggravated nature, the patient-safety focus, and the connection to the trafficking and criminal-distribution context all supported the designation.

The AG also reviewed the broader sections in §§ 16-12-210 through 16-12-222 and § 16-12-226. Those sections set the regulatory framework for the low-THC oil program (licensing of production facilities, cultivation rules, dispensing rules, etc.). The AG identified no other misdemeanor offenses in those sections that needed designation, so no additional designations were made.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What's the Georgia Hope Act low-THC oil program?
A: A 2019 law (HB 324) creating an in-state production and dispensing system for low-THC oil for registered medical patients. It covers cultivation licenses, dispensing licenses, and patient access through registered providers.

Q: What kind of conduct does § 16-12-225(b) target?
A: Gross, willful, or wanton negligence that contributes to or causes patient endangerment, low-THC oil trafficking, or criminal distribution of raw materials and agricultural inputs. The provision is broad enough to reach industry insiders whose negligent conduct enables criminal misuse of the program.

Q: Why was this designated fingerprintable?
A: The misdemeanor is "of a high and aggravated nature" and the conduct involves patient safety and connection to felony-level trafficking and criminal distribution. The AG designated it consistently with other patient-safety and drug-related fingerprintable offenses.

Q: Were the related criminal provisions in the low-THC oil framework fingerprintable?
A: The AG reviewed §§ 16-12-210 to 16-12-222 and § 16-12-226 and identified no additional misdemeanors warranting designation. Most violations of the regulatory framework are felonies (covered automatically by § 35-3-33) or are subject to separate licensing penalties.

Q: What about CBD products?
A: The Georgia Hope Act applies to "low THC oil" as defined under Georgia law. The opinion did not address CBD products from hemp under the federal 2018 Farm Bill, which are governed by separate provisions.

Background and statutory framework

Georgia's Hope Act (HB 324, 2019) was a partial answer to a long-running policy debate over medical access to cannabis-derived products. The Act established a tightly regulated production and dispensing system rather than a broad medical-marijuana program. The Georgia Access to Medical Cannabis Commission was created to administer the program, including licensing of production facilities and dispensaries.

The criminal-enforcement structure built into the Act includes both felony provisions (for trafficking, unlicensed production, and similar serious offenses) and the high-and-aggravated misdemeanor in § 16-12-225(b) for the negligence-based contributory conduct.

Because the 2019 GCIC review predated full attention to the Hope Act provisions, the GCIC asked for a supplemental opinion in January 2020. The supplemental opinion's narrow focus reflects the narrow scope of the question.

Citations and references

Statutes:
- O.C.G.A. § 35-3-33 (Crime Information Center fingerprintable-offense provisions)
- O.C.G.A. §§ 16-12-210 through 16-12-225 (Georgia Hope Act low-THC oil framework)
- HB 324 (2019)

Prior opinions:
- 2019 Op. Att'y Gen. 2019-3 (annual GCIC review, supplemented here)

Source

Landing page: https://law.georgia.gov/opinions/2020-1

Original opinion text

You have requested in your letter of January 21, 2020, my opinion whether the misdemeanor offense contained in O.C.G.A. § 16-12-225(b), enacted during the 2019 Session of the General Assembly, should be designated as an offense for which persons charged with violations are to be fingerprinted. You have further requested guidance in identifying any additional misdemeanor offenses in O.C.G.A. §§ 16-12-210 -16-12-22 and 16-12-226, also enacted during the 2019 Session of the General Assembly, and if so identified, whether they should be designated as offenses for which persons charged with violations are to be fingerprinted. Pursuant to Georgia law, I make the following designations in relation to your question. Generally, under Georgia law, in addition to the determination of fingerprintable offenses which the General Assembly may mandate by statute, O.C.G.A. § 35‑3‑33 (a)(1)(A)(v) provides that the Attorney General may designate any other offense as one for which those charged with violations are to be fingerprinted. See, e.g., 2018 Op. Att'y Gen. 2018‑3, 2017 Op. Att'y Gen. 2017‑1, 2015 Op. Att'y Gen. 2015‑2, 2014 Op. Att'y Gen. 2014‑2, 2013 Op. Att'y Gen. 2013‑4, 2012 Op. Att'y Gen. 2012‑6, 2011 Op. Att'y Gen. 2011‑5, 2011 Op. Att'y Gen. 2011‑1. The misdemeanor offense at issue is O.C.G.A. § § 16-12-225(b). This Code section provides that it shall be a misdemeanor of high and aggravated nature for "[a]ny person, whose acts or omissions of gross, willful, or wanton negligence contribute to or cause the endangerment of patients, trafficking of low THC oil or its manufacturing byproducts, or criminal distribution of raw materials and agricultural inputs." I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16-12-225(b) as offenses for which those charged are to be fingerprinted. After reviewing O.C.G.A. §§ 16-12-210 -16-12-22 and 16-12-226, I did not identify any other misdemeanor offenses contained in these Code sections. I, therefore, do not designate any additional offenses for which those charged are to be fingerprinted. I trust that my revisions of the specific designations of those offenses for which persons charged with violations are to be fingerprinted will aid you in discharging your duties pursuant to the Georgia Crime Information Act. Prepared by: Rebecca Dobras Assistant Attorney General