November 2014 Newsletter

Marijuana: Three Pre-filed Bills¹ for 2015

H.B. 1 is a bare-bones bill, a skeletal outline to be “fleshed-out” later. It does not mention children. S.R. 6 amends the State Constitution to legalize medical and recreational use of marijuana. S.B. 7 would authorize, regulate, and oversee marijuana use in Georgia.

H.B. 1 is so broadly written that it would allow (a) unrestricted use of cannabis and its derivatives (b) supplied by unmentioned sources (c) for innumerable patients birth until death, (d) administered through an unidentified private or state entity, (e) for an indeterminate period of time, (f) prescribed by unnamed entities, (g) with protection from prosecution given anyone possessing “a stated maximum amount of THC,” with no maximum amount of THC stated.

Possible end game: If H.B. 1 passes the House and S.B.7 passes the Senate, a conference committee could combine both and produce a transformational bill such as S.B. 7, outlined below and on page 2. Since conference committee bills cannot be amended, they pass or fail as written by the committee.

S.R. 6 Constitutional Amendment; Legalizes Marijuana for 21-Year-Olds & Older This pre-filed resolution by Senator Curt Thompson would add a new section to the Constitution of the State of Georgia to accomplish three things. It would authorize personal use of marijuana, direct the distribution of tax revenue collected from the commercialization of marijuana, and provide for the following question voters would decide in a referendum.

“Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by general law for the legalization and regulation of the production and sale of marijuana for personal use by individuals 21 years of age or older and may further provide that the taxes from such production and sale shall be appropriated equally between educational programs and purposes and capital outlay projects for transportation infrastructure purposes within this state?”

S.B. 7 Controlled Substances Therapeutic Relief Act, by Senator Curt Thompson, allows the use of marijuana for the treatment of diseases and their symptoms, as follows:

Diseases to be treated: Cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, or agitation of Alzheimer’s disease

Symptoms to be treated include any medical condition that produces cachexia (a weak or emaciated condition) or wasting syndrome; severe and chronic pain; severe nausea²; seizures, epilepsy or severe and persistent muscle spasms; multiple sclerosis; or any other medical condition or treatment added by the Department of Public Health or as petitioned by the public.

Medical use of marijuana defined: “the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer, or transportation of marijuana or paraphernalia for the administration of marijuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.”

Click here to view the party platforms and to read the rest of the November 2014 Newsletter.