Out with the Old; In with the New Marijuana Law
Radio Commentary, 90.7, 91.7 New Life FM, April 10, 2015 – By Sue Ella Deadwyler
Most people might not know that Georgia victims of cancer and glaucoma have been eligible for marijuana medication for 34 years, but that law is about to change through a process that began last year.
The bill introduced last year to legalize marijuana failed to pass, but the General Assembly did pass S.R. 981 authorizing a study committee to hold hearings across the state and recommend legislation for this year’s session. However, in November Representative Peake pre-empted the committee’s final meeting and subsequent report, by pre-filing H.B. 1, which he officially introduced January 27th. It passed the General Assembly on March 25th. Two days later the governor signed an executive order instructing the Public Health Department and the Board of Regents to get ready to implement the law as soon as he signs it.
To get ready, the Public Health Department will write procedures, rules and regulations, and create a registry for individuals or caregivers authorized to possess low THC oil. To qualify for the registry, patients must be under treatment for cancer, Lou Gehrig’s disease, multiple sclerosis, seizure disorders, Crohn’s disease, mitochondrial disease, Parkinson’s or sickle cell anemia.
Also to get ready, the Board of Regents of the University System of Georgia will create, or work with others to develop, a low THC oil research program that will produce data about potential treatment for childhood seizures and other debilitating conditions.
The Georgia Composite Medical Board will draft a patient waiver and physician certification to authorize individuals to possess low-THC cannabis oil. When Governor Deal signs H.B. 1 into law, patients and caregivers that have registration cards from the Department of Public Health may legally possess 20 fluid ounces of THC oil. That means law enforcement agencies must be able to determine whether the person with the oil is authorized to have it and whether the product is, actually, low THC oil, and is in a pharmaceutical container labeled by the manufacturer with the correct percentage of THC. Unauthorized possession will be punished as a misdemeanor or a felony, depending on the amount of oil involved. Ten classifications of clinical research participants will have permits to possess, or have under personal control, 20 fluid ounces of low THC oil. A twenty-ounce measure is two and one-half cups or four ounces more than a pint or four ounces over a half-quart or enough to fill a soft-drink bottle.
A 17-member Georgia Commission on Medical Cannabis will be appointed to determine how to regulate medical cannabis in Georgia and report its findings to the governor and General Assembly by December 31st, just in time for the new law to be amended in 2016. So, expect additional legislation authorizing the cultivation of marijuana, which is already included in Senator Curt Thompson’s S.B. 7, introduced this session, and alive for 2016. For Georgia Insight I’m Sue Ella Deadwyler, your capitol correspondent.