curt thompson Archives - Georgia Campaign for Access, Reform and Education

Georgia Marijuana Legislation 2015 – Three Bills Filed

Reformers 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.

Reformers 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 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.

In Support of Georgia Senate Bill 7 – Sen. Curt Thompson

Kason Jiles, who celebrated his first birthday last October, is learning to sit up and eat.

That may seem normal for a tot his age, but Kason has a very young life that is not so normal. He has a neurological disease called Ohtahara Syndrome that is characterized by seizures that can number from 10 to 75 a day.

Many infants with Ohtahara Syndrome do not even make it to their first birthday. But Kason is beating the odds, according to his father Jonathan, who says Kason is improving lately with only a few seizures a week.

Jiles, a Villa Rica resident, said his son is on a special ketogenic diet, and some changes to his medication regimen have helped. Another thing that could help Kason is cannabis oil. It could reduce his number of seizures and improve his quality of life dramatically.

Medical marijuana nearly passed the Georgia General Assembly in 2014, but got caught up in political wrangling in the final hours of the 40-day session.

As legislators get ready to head back to Atlanta for the start of the 2015 session Monday, there are already several bills being talked about that could legalize cannabis oil and give the Jiles family and others like them the relief they’re looking for.

Jiles said last month that he prefers Senate Bill 7 over the House Bill 1.

“After reading HB 1, I am somewhat disappointed in what I have read so far,” Jiles said in an email recently. “Nearly all Georgia families currently in Colorado are presently using THC alongside CBD oils to control seizures. I believe HB 1 as written is too restrictive to be effective legislation for Georgia families. Sen. Curt Thompson, D-Norcross, has pre-filed a bill, SB 7, which I believe is much closer to the legislation that exists in states where Georgia families are currently moving to provide life-saving medication to their children.”
Jiles’ comments came before changes announced late last Friday by HB 1’s primary sponsor, Rep. Allen Peake, R-Macon.

In a press release, Peake said he met Friday with Gov. Nathan Deal regarding his medical cannabis legislation.

“I have been in intense conversations with the governor over the last several days about HB 1, and I view today’s progress as a huge step in the right direction,” Peake said. “After much discussion, it is clear that we need to conduct more research on setting an in-state growing scenario in order to provide the best and most effective infrastructure for our citizens. Last year, I made a promise to bring our families home and to give Georgians a chance to obtain cannabis oil in our state without fear of prosecution, and this has remained a priority. The changes that we have agreed upon for HB 1 vary slightly from the original version, but the bottom line is that we will be bringing Georgia families back home.”

Proposed changes to HB 1 include immediate decriminalization, upon the governor’s signature of HB 1, for possession of cannabis oil containing between 3-5 percent THC for individuals with certain medical conditions who have obtained the cannabis legally in another state. Also included in the changes to HB 1 is the creation of a council whose sole charge will be to examine the future establishment of a regulatory model for an in-state growth and distribution infrastructure in Georgia. The committee will also be charged with making its recommendations to the General Assembly by Dec. 31, 2015.

“With this news, I am happy to say that our medical refugees in other states can start packing to come home and reunite with their families,” Peake continued. “Once the updated legislation is formally introduced and passed by both House and Senate chambers, decimalization would be effective as soon as the governor signs HB 1 into law. Families in Georgia who are seeking medical cannabis will now be able to go to another state to legally obtain the treatment and then come back home without fear of being prosecuted in Georgia. The Journey of Hope Fund will still be operating to help Georgians travel to other states to legally obtain this treatment. We are headed down the right path in Georgia, and I thank Governor Deal for his support of this newly proposed version of the legislation.”

But while Peake lauded the proposed changes to HB 1, Jiles said Saturday the changes only strengthen his support of SB 7.

“‘More research’ of in-state growth means only one thing — no in-state growth,” Jiles said. “Without in-state growth there is no safe access to medicinal cannabis in Georgia. Period. There is no third option.

Representative Peake’s statements that Georgia families will now ‘be able to go to another state to legally obtain the treatment and then come back home without fear of being prosecuted in Georgia’ ignores the fact that doing this is against both federal drug trafficking laws as well as against the law in Colorado. This does not even address the fact that dispensary owners in Colorado will not sell to those who they know are living out of state, thereby requiring the patient to lie about their address to a dispensary, which, like taking cannabis outside the state, is against Colorado law. It is also noteworthy that through the act of taking medicinal cannabis outside the state, the patient is putting the license of the dispensary at risk.
Jiles continued: “I have no desire to be encouraged to be a drug runner, when the possibility of having medicine in a controlled environment can happen right here in Georgia.”

Thompson pre-filed legislation that would legalize medical marijuana, along with a separate measure that would legalize and regulate marijuana retail sales to adults.

“Few would disagree that physicians need every good tool in their medical toolbox to provide the best health care possible to their patients,” Thompson said. “Whether that tool is a new diagnostic test, a new antibiotic or a form of proven pain reliever, doctors need the ability to provide the best possible short and long-term health care for their patients. SB 7 is designed to do just that.”

Thompson’s SB 7 would allow doctors to prescribe 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 chronic or debilitating conditions that cause Cachexia (wasting syndrome), severe and chronic pain, severe nausea and seizures/muscle spasms from epilepsy or MS. 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.

In addition, Thompson has filed Senate Resolution 6 to advance the conversation of marijuana use. This constitutional amendment, if approved by voters, would legalize, regulate and tax the sale of retail marijuana through licensed establishments. The tax collections would be constitutionally earmarked for education and transportation infrastructure. Many other states have passed similar measures.

Thompson said the retail marijuana would co-exist with, not replace, medical marijuana. SB 7 includes lengthy requirements about licensing facilities, excise taxes and fees, and the creation of a state authority to regulate the sales. SR 6, while separate from medical marijuana treatment, puts the discussion of retail marijuana regulation and taxation on the table.

Thompson said SR 6 provides an opportunity to regulate sales and to make available another revenue stream without raising existing taxes.

THC Euphoria – “Get over it”

Georgia State Representative Allen Peake – (R-Macon) , a sponsor of a medical cannabis extract (CBD) bill continues to ignore the medical benefits of the whole plant cannabis and THC the active compound known for its euphoric effects and medical benefits. Peake down plays the role THC plays in treating medical condition such as glaucoma and cancer.

James Bell, director of Georgia C.A.R.E. Project said he supports full plant medicine and was quoted in a recent article concerning proposed legislation being considered for the 2015 legislative session. Georgia Senate Bill 7 – 2015

Here is what Bell had to say:

Peake also emphasized that cannabis oil contains a relatively low percentage of tetrahydrocannabinol, known as THC, the active psychoactive ingredient in cannabis.

But some say that in trying to get conservatives to embrace some form of medical marijuana legislation, Peake has distorted the science by playing down the medical potential of THC.

“I think we have maybe one opportunity to get [medical marijuana legislation] right,” said James Bell, the director of the Georgia Campaign for Access, Reform and Education, or CARE, which supports (Sen. Curt) Thompson’s bill.

Georgia Senate Bill 7 – 2015

“When Allen Peake talks about ‘[cannabis oil] won’t get you high,’ my point is ‘So what if it gets you high?’” he said.

“They’re already on…drugs I can’t even pronounce. One parent said his six-year-old was going into puberty; another said that his child’s gums were growing over his teeth…and Allen Peake is worried about some child feeling euphoric…They need to get over it.”

Bell accused GW Pharmaceuticals, which makes Epidiolex, a cannabis oil treatment currently in the clinical trial process, of lobbying to essentially limit legalization to their product when the whole plant could be used to treat a wider array of medical conditions.

Bell said he hoped a compromise bill would eventually emerge from committee.

The Covington News is a community based tri-weekly newspaper that serves the citizens of Newton County, Georgia as it has since its inception in 1865. The News has won a myriad of awards for the wide-ranging coverage it provides its readers. As the legal organ of the county, The News is the source of local information for Newton residents.