Category: Legal Reform

    Georgia Marijuana Legislation 2015 – Three Bills Filed

    georgia-legislatureReformers in Georgia have been lobbying for marijuana law reform for decades. But only in the past two years have activists seen a change in public attitude and growing support from lawmakers.

    Georgia C.A.R.E. Project is busy building grassroots support and educating the public on the need for policy reform. With the help of position papers and face to face conversations, lawmakers have a better grasp of the issue and are seeking more information. In January 2014, a poll commissioned by Peachtree N.O.R.M.L. of 800 likely Georgia voters showed 62% support decriminalization.

    wmaz PeakeReformers got a huge boost in 2014 when State Representative Allen Peake (R-Macon) unexpectedly took up the issue of medicinal cannabis and filed House Bill 885, a limited use bill that focused on CBD oil (Cannabidiol) for patients with epilepsy. The billed died on the final day of the session after Sen. Renee Unterman (R- Buford) attached HB-885 to another bill dealing with autism and insurance coverage. The bill (885) had been stripped down and only offered “immunity from prosecution”. The bill’s failure was a shock to political pundits and players due to the overwhelming support from the General Assembly.

    With the session ended and no cannabis bill to consider, Gov. Nathan Deal ( R ) seized the opportunity during an election year to keep the issue rolling by announcing a partnership with GW Pharmaceutical to conduct limited trials on a CBD product called Epidiolex. Gov. Nathan Deal, Georgia Regents University and GW Pharmaceuticals signed a “memorandum of understanding” which could allow GRU in the company’s (GWP) clinical trials of a cannabidiol oil. It is estimated that the limited trials may cost taxpayers $8 million per year to conduct the studies.

    A last minute resolution was added during the session establishing a joint study committee on medical cannabis. The hearings took place in Atlanta, Macon, Augusta and Gwinnett County. Various stakeholders were invited to testify including Georgia C.A.R.E director James Bell who spoke at the first hearing at the state capitol in September. Activists, patients, law enforcement, medical & business professionals were given time to speak. After a final hearing under the gold dome the committee disbanded without making a formal recommendation. This may have been due to the fact that committee member Sen. Curt Thompson pre-filed a medical cannabis bill (SB-7) considered to be comprehensive, broader and includes whole plant medicine and personal cultivation.

    Sen Thompson News 2Sen. Thompson also filed a resolution calling for a constitutional amendment (SB-6) to be voted on by the public. These bills have changed the direction of the marijuana law reform debate in Georgia.

    On November 17, 20014 Rep. Allen Peake was first in line to pre-filed House Bill 1 for the 2015 session. The bill was filed as a placeholder for the HB-1 designation. Peake has not filed the details of HB-1. Peake hopes to have the draft ready by the start of the legislative session which begins January 12. He is promising a bill with an expanded list of medical conditions – no whole plant medicine or smoking of the cannabis flowers – the issue of allowing vaporization is still begin debated. The arbitrary number of 3 to 5 percent THC is being considered – No indication if the percentage is applicable to the plant content and/or prepared compounds.

    Let’s take a look at the bills:

    Pre-filed Bills for 2015 Legislative Session

    House Bill – 1: Filed by Rep. Allen Peake – A BILL to be entitled “Haleigh’s Hope Act” to amend Chapter 34 of Title 43 -121 of the Official Code of Georgia Annotated.

    This bill amends the original medical marijuana act (Controlled Substance Therapeutic Research Act) that allowed a smokable form of cannabis for cancer treatment therapy (nausea / appetite stimulant) and eye pressure reduction for patients with glaucoma. Details of the bill have not been filed or released. Release is expected by January 12, 2015, the start of the session. www.legis.ga.gov/Legislation/en-US/display/20152016/HB/1

    Our Recommendation: Watch – We will continue to watch the progress of this bill and will offer a summary. We can not make a recommendation of support or opposition until the bill has been filed.

    Senate Bill – 7: Filed by Sen. Curt Thompson – A BILL to be entitled “Controlled Substances Therapeutic Relief Act” also amends Chapter 34 of Title 43 of the O.C.G.A.

    SB-7, would allow doctors to “prescribe” (recommend) marijuana of up to two ounces for specific debilitating medical conditions, including cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, Chrone’s Disease, Alzheimer’s and the chronic or debilitating condition that cause Cachexia (wasting syndrome), severe and chronic pain, severe nausea, and seizures/muscle spasms from epilepsy or multiple sclerosis.
    SB -7 also includes a number of common-sense limitations and guardrails for dispensing the drug. Marijuana, like any other prescription drug, would be regulated. The bill would allow for whole plant and compound extracts. http://www.legis.ga.gov/Legislation/en-US/display/20152016/SB/7

    Our Recommendation: Support – We support legislation that allows whole plant medicine, cultivation, smoking and other appropriate delivery methods for a broad list of medical conditions. We believe SB-7 will establish the best approach to providing cannabis to those in need in a manor that enhances public safety.

    Senate Resolution- 6: Filed by Sen. Curt Thompson – A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to provide by law for the legalization and regulation of marijuana; to permit persons 21 years of age or older to purchase limited amounts of marijuana for personal use; to provide that the fees and tax proceeds from the sale of such marijuana be dedicated equally between education and transportation infrastructure purposes; to provide that such funds shall not lapse; to provide for submission of this amendment for ratification or rejection;

    This resolution would call a vote by Georgia voters (YES or NO) to amended the state constitution to allow the legalization of marijuana (cannabis) for personal use, commerce and taxation. http://www.legis.ga.gov/Legislation/en-US/display/20152016/SR/6

    Our Recommendation: Support – We believe citizens (21+) have the right to possess and use marijuana in a responsible manor without interference from our government. Marijuana is not a crime and responsible citizens should not be treated as criminals.

      Why Isn’t Georgia Voting on Cannabis Legalization?

      We’ve received questions from supporters asking why Georgians don’t see anything on the ballot about cannabis legalization in 2016. You’ve also asked what has to happen in order for Georgians to be able to vote on these issues.

      We are so glad to hear these questions! They are the exact questions anyone who wants to see legal reforms should ask, and we’re here to answer them.

      The answers, which we have explained below, are why we do the work that we do, and why we need your support.

      Below are answers to these questions along with explanations so you can understand exactly how things work in Georgia. We’ve taken some of this info from Ballotpedia, which is also a good source to check out for political info on Georgia and elsewhere.

      Q: Why isn’t there anything on the ballot about cannabis legalization?

      A: Because Georgia legislators decided against including it on the ballot.

      In Georgia, “the legislature can put a proposed amendment on the ballot upon a two-thirds majority vote in both the legislative chambers.”

      This means the Georgia State Senate and the Georgia State House of Representatives must both vote on including the amendment on the ballot. AND at least two-thirds (2/3) of both chambers must approve the decision in order for it to be included.

      The voting does not rely upon a simple majority of 51% but a “supermajority” rule of two-thirds. That means 120 votes in the House and 38 votes in the Senate.

      Q: What about the ballot measure that was proposed in 2015?

      A: The ballot measure did not pass both chambers in 2015. It was not reintroduced in 2016.

      Senator Curt Thompson of District 5 introduced Senate Resolution 6 on November 24, 2014. This submitted the ballot for consideration in the 2015-2016 session. It did not pass both chambers and was not reintroduced after its failure to pass.

      It can be reintroduced again, but it will require support from more legislators to pass.

      Q: What about Washington, D.C.? They petitioned to vote on the issue.

      A: Georgia’s constitution “does not currently allow for any form of citizen initiated ballot measures, so all ballot measures must be referred by the legislature.”

      The District of Columbia allows for “citizen initiated ballot measures.” This means if enough citizens sign a petition in support of an initiative, the issue will be placed on the ballot and it does not require the legislature’s approval. The legislature still has the power to introduce ballot measures but citizens can bypass them and force the issue to a vote.

      This is a powerful form of direct democracy. However, it is not something that is allowed in Georgia’s constitution. This means it is not an option for cannabis legalization.

      Instead, one or more Georgia legislators must sponsor the ballot measure in order for it to go to a vote in the two chambers. Then, each chamber must vote in support of the ballot measure (at least 2/3 as described above) in order for it to be included on the ballot on election day.

      This means Georgia must approach things differently than Washington, D.C. and hey, we’ve been doing things differently for years!

      Q: So – what do we do to see a ballot measure for cannabis legalization in the future?

      A: We have to lobby Georgia legislators of both parties, in the House and the Senate, to make them understand the majority of Georgians support reform and want to vote on a ballot measure.

      Beyond that, we have to elect representatives who are ready to support this issue.

      This is where the Georgia CARE Project and our partners come into the picture.

      It is our job to talk with legislators in both chambers and explain the merits of these legal reforms.

      We advocate for these issues on your behalf. As part of our #40DaysCampaign, we want to be present for all forty days of the legislative session. Legislators need to hear our message on cannabis legalization every single day. You can support that initiative by pledging to support a day or more of lobbying.

      We will help organize Georgians to reach out to their representatives to let them know we want to see change. This shows them we want representatives who understand how important this issue is for the future of our state.

      We have also recently launched a City by City initiative to push forward cannabis legalization reform on the local, city level across Georgia.

        Marijuana advocates continue to press case with Athens-Clarke County

        Our affiliate, Athens C.A.R.E. Project continues to push for some form of marijuana decriminalization in Athens-Clarke County GA.  Headed by UGA student Josh Wayne, Athens C.A.R.E. has been attending commission meetings seeking reform. Here is the latest news on their efforts.

        True to their word, a group of young advocates for local liberalization of marijuana possession laws rolled into City Hall for Tuesday’s meeting of the Athens-Clarke County Commission, once again arguing for a “parallel ordinance” allowing police officers the discretion to determine whether someone found in possession of marijuana should simply be cited and fined, or arrested and taken to jail.

        “We’re not going to give up,” one of the young people told commissioners Tuesday. Since March, the group, affiliated with the Athens Campaign for Access, Reform and Education — part of Georgia C.A.R.E., a group working to “end marijuana prohibition in Georgia” — has been a regular presence at the commission’s monthly voting meeting.