Effective transportation of hemp and hemp products must comply with the Georgia Hemp Farming Act (the “Act”) (O.C.G.A. § 2-23-1, et seq.) and Rules (GA. R. & Regs. 40-32-1, et seq.) administered by the Georgia Department of Agriculture (the “Department”). Below, the Department addresses frequently asked questions to help licensed growers, permitted processors, and third-party logistics providers better understand Georgia’s transportation requirements.
No. Under the Act, anyone handling hemp needs a Hemp Grower License, other than during the actual transport of hemp from a licensed grower to a licensed grower or permitted processor.
No. The Act only exempts the actual transport of hemp from the licensing generally required to handle hemp. The Department will assess actual transport on a case-by-case basis. For example, storage in a transport vehicle during refueling, rest breaks for drivers, or even overnight, given transport over distances too long to be travelled in a single day, are acceptable. However, once the reasonable progress of transport to the destination on the bill of lading ceases, the transporter will be deemed to have begun storing the hemp, which requires licensure.
No. Once hemp is processed by a permitted processor into a form available for legal commercial sale, anyone may handle the hemp products.
Anyone shipping, transporting, or delivering hemp must have documentation to prove that 1) the hemp was lawfully produced under a USDA-approved state or tribal hemp plan, and 2) that the hemp is under the federally defined THC level for hemp. Practically, this means you should carry 1) a copy of the grower’s license, and 2) Certificates of Analysis for the transported lot(s) of hemp.
You must also carry a bill of lading stating: (i) the name and address of the hemp’s owner, (ii) the point of origin, (iii) the point of delivery, including name and address, (iv) the kind and quantity of packages, or total quantity of hemp, if in bulk, and (v) the shipment date. You should work with the licensed grower and the hemp’s recipient to produce the bill of lading.
Anyone shipping, transporting, or delivering hemp products must have documentation to prove that the hemp products were produced from hemp lawfully grown under a USDA- approved state or tribal hemp plan. Practically, this means you should carry 1) a copy of the grower’s license and processor’s permit, and 2) Certificates of Analysis for the lot(s) of hemp products.
You must also carry a bill of lading stating: (i) the name and address of the hemp products’ owner, (ii) the point of origin, (iii) the point of delivery, including name and address, (iv) the kind and quantity of packages, or total quantity of hemp products, if in bulk, and (v) the shipment date. You should work with the permitted processor and the hemp products’ recipient to produce the bill of lading.