Medical Marijuana in Georgia: Where We’ve Been, Where We’re Going
Slow but Steady
As of September 2017, more than 2,500 Georgians are allowed to use medical marijuana—specifically cannabis oil—to treat their various conditions. How did we get to this point? In this blog, we’ll look at the recent history of legislation and what’s in store for the future.
2015
In early April 2015, Governor Nathan Deal signed House Bill 1—also known as Haleigh’s Hope Act—into law. Written by State Representative Allen Peake (R-Macon), the bill legalized the possession of up to 20oz of low-THC (5 percent) cannabis oil for eight conditions that proved resistant to other treatment options. Eligible conditions included:
- Seizures
- Sickle-cell disease
- Cancer
The bill also created a research program for the oil as well as a registration process for it.
Haleigh’s Hope Act took its name from Haleigh Cox, a young girl who suffered hundreds of seizures each day. Prior to being prescribed medical marijuana, Haleigh took a variety of drugs, none of which seemed to alleviate her condition. Her mother, Janea Cox, told reporters in 2014 that the seizure medications caused Haleigh to stop breathing “several times a day.”
The Coxes moved to Colorado, where medical marijuana had already been legalized. Haleigh began taking cannabis oil five times each day, which improved her health considerably.
Representative Peake had first proposed a bill legalizing “CBD-only” products in 2014. It failed, but Haleigh’s Hope Act received widespread support in the Legislature when Peake introduced it the following year.
Haleigh’s Hope Act made it legal for Georgia citizens to possess CBD oil for medical purposes. However, it didn’t allow people to grow or sell the oil in the state. This meant that patients and families needed to buy the oil out-of-state and bring it back home, which would violate federal law.
2016
In Jan 2016, Rep. Peake introduced HB 722, which would have legalized the production of medical marijuana in Georgia. Nickamed “Haleigh’s Hope Act Part II,” the bill would have required the Georgia Dept. of Public Health to pick 2-6 manufacturers to produce CBD products.
The bill was assigned to the House Judiciary Committee (Non-Civil), which removed the sections involving in-state cultivation but kept the parts allowing for the expansion of eligible diseases to 14. It passed 152-8 in the House but didn’t get a hearing in the Senate.
In a December 2016 interview with SaportaReport, Rep. Peake cited opposition from Gov. Deal, the Sheriff’s Association and faith-based organizations (The Faith and Freedom Coalition, Georgia Baptist Association) as major factors in killing support for the bill.
2017
On January 12 of this year, Rep. Peake filed HR 36, which would allow medical marijuana to be grown and sold in-state. He also filed HB 65, which proposed an expansion of eligible conditions to include Alzheimers’, autism, AIDS and PTSD.
At the same time, State Senator Ben Watson (R-Savannah) introduced a much more limited bill, SB 16. In its original form, the bill only added autism to the list of eligible diseases and lowered the legal THC level of cannabis oil to 3 percent. Senator Watson argued that the reduced THC concentration would help prevent adverse reactions to the oil (A March 16 The Atlanta Journal-Constitution story noted “no reported problems with the higher percentage from state public health officials and law enforcement agencies”).
In the end, a revised form of SB 16 passed the House and Senate. It kept the legal THC percentage at 5 percent and expanded eligible conditions to include:
- Alzheimer’s disease
- AIDS
- Autism
- Tourette’s syndrome
- Peripheral neuropathy
- Epidermolysis bullosa
Gov. Deal signed the bill into law on May 9.
What’s In Store for 2018?
2018 should see Rep. Peake and fellow medical marijuana advocates pushing for the legalization of manufacturing CBD oil in-state. Their fight won’t be an easy one, though.
One of their major obstacles is federal law, which classifies marijuana as a Schedule I drug (i.e. drugs “with no currently accepted medical use and a high potential for abuse”). On top of this, U.S. Attorney General Jeff Sessions has opposed marijuana use in any form and urged members of Congress to eliminate medical protections for the drug.
On the other hand, an AJC poll showed that a majority of people support the expansion of medical marijuana. Rep. Peake has advised people to contact his fellow lawmakers in the months leading up to the 2018 legislative session.
Peake wrote the following in a May 2017 statement: “My hope is that in 2018, we can fill the gaping hole that still remains and provide legal access here in our state with a safe, lab tested product produced within our own borders. The job will not be finished until we accomplish this task.”
Sources
- http://www.cnn.com/2015/04/16/us/georgia-medical-marijuana-bill-signing-haleigh-cox/index.html
- https://www.nbcnews.com/storyline/legal-pot/battle-over-georgia-s-no-buzz-medical-marijuana-law-gets-n560136
- http://clhs.law.gsu.edu/2015/11/05/medical-marijuana-in-georgia-haleighs-hope-act/
- http://www.fox5atlanta.com/news/georgia-lawmaker-files-medical-cannabis-cultivation-bill
- https://saportareport.com/q-state-rep-allen-peake-georgias-dean-medical-marijuana/
- http://www.myajc.com/news/state–regional-govt–politics/bill-would-give-voters-say-growing-selling-medical-pot-georgia/8vqeY9YfibDh5Ws48ELfvO/
- http://www.ajc.com/news/state–regional-govt–politics/compromise-reached-over-expanding-georgia-medical-marijuana-law/Y3coremkdnXLP9s712m6HJ/
- http://www.myajc.com/news/state–regional-govt–politics/georgia-lawmaker-ups-plea-for-cultivation-medical-marijuana/0F3FEq2mzdRL183WjHLaHM/
- http://www.myajc.com/news/state–regional-govt–politics/ajc-poll-voters-don-favor-return-religious-liberty-gun-bills/pXLC2QfPxNZdG
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