Senate committee trims hemp-beverage THC limit, removes liquor-store sales provision and advances substitute to full Senate

A Georgia Senate committee on [date] approved a substitute to House Bill 34 that lowers the allowable intoxicating-hemp THC in beverages from 10 milligrams to 5 milligrams per 12-ounce serving, requires a consumer warning that use may impair driving and potentially constitute a DUI under state law, and—after an amendment—the omits a provision that would have allowed those drinks to be sold in liquor stores.

The committee opened discussion on the substitute, which the chair described as targeting only beverages, not gummies or other consumables. The chair said the substitute also includes a definitional change to align with current law and noted a pending federal rule reported in the hearing that could set an even lower federal limit effective Nov. 1 (referenced in the hearing as roughly 0.4 milligrams per serving). Chair (speaker 1) argued the warning label is needed so consumers understand that “consumption of this product may impair the ability to operate a motor vehicle” and that drinking before driving “may constitute a violation of the DUI statute.” (Chair, speaker 1)

Opponents included members who said the Georgia Department of Agriculture had opposed the change. Senator Summers (speaker 5) urged tabling the bill until the federal government issues its rule, saying the state could be forced to relabel products and impose costs on producers and retailers. “I can assure you the agriculture department is not for this,” Summers said during debate. (Senator Summers, speaker 5)

Committee debate also turned to the effect on businesses and enforcement. Senator Jones (speaker 4) criticized some out-of-state debates as driven by commercial interests rather than child-safety concerns, calling them “a money battle,” and stressed that improving DUI testing (including saliva tests) affects enforcement strategy and outcomes. (Senator Jones, speaker 4)

At the appropriate point the committee voted on an amendment to remove section 4 of the substitute (the provision regarding sales in liquor stores). The transcript records the count on that amendment as five in favor and four opposed; the chair announced the amendment carried. After the amendment, the committee proceeded to vote on the substitute as amended; the transcript shows the chair announcing that the bill passed the committee. The hearing did not include a clear roll-call tally for the substitute's final passage in the transcript.

The committee chair recessed for five minutes to consider a late committee substitute on a separate bill before taking up the next agenda item. The substitute to HB 34, as amended, will move forward from committee for further consideration in the Senate process.

The committee record shows the statutory DUI reference discussed in the hearing as 46-3-91(a)(6), which committee members cited when explaining why a consumer warning was proposed. The committee also noted that the substitute leaves gummies and other hemp products' limits unchanged.

The committee did not receive a formal presentation from the Department of Agriculture in the room; the chair said the department had conferred with him and opposed the measure. No additional formal actions (appointments or implementation tasks) were recorded at the close of this item; the chair directed clerks to prepare edits and proceed to the next item.