Category Archives: Newsletters

January 2019 Newsletter

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Three-pronged Pressure to Cultivate Marijuana In-state

1. H.B. 65 Study Committee on Low THC Medical Oil Access

The official quest for in-state cultivation of marijuana in Georgia began in 2015, when H.B. 1 became law authorizing tetrahydrocannabinol1 (THC) treatment for eight2 specific conditions.

A 2017 law provided reciprocity for states requiring state-issued cards for THC treatment, cut physician reporting to twice a year, and made hospice patients and six more ailments3 eligible.

In 2018 post-traumatic stress disorder (PTSD) and intractable pain were added when H.B. 65 passed to create a ten-member Joint Study Committee on Low THC Medical Oil Access. After holding five public meetings across the state, committee co-chairmen filed the following final recommendations:

H.B. 65 Study Committee Recommendations

1. Reclassify THC from a Schedule I drug to Schedule II, to legalize physician prescriptions.

2. If marijuana is not reclassified federally, the 2019 General Assembly should do so.

3. The Commission wants marijuana to be exempted from the Georgia Seed Law4.

4. Licenses: 10 for cultivation, 10 for manufacturing, and license dispensaries as necessary.

5. The Commission recommends control of labeling and state-wide laboratory testing.

6. The Commission recommends that the Georgia Department of Health oversee the process.

7. The Commission recommends prohibiting pesticides and insecticides on marijuana plants.

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October 2018 Newsletter

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November Ballot: Constitutional Amendments and Referenda

In addition to electing candidates for various offices, voters will answer “yes” or “no” on seven or eight questions on the November ballot. All ballots contain five proposed constitutional amendments and two statewide referenda questions. However, some voters may be asked an eighth question. Their answers will determine whether local retail liquor sales should start an hour earlier on Sunday. The amendments and referenda are on the ballot in the following order:

Amendment 1 creates the Georgia Outdoor Stewardship Act to govern the conservation of land and water. If it passes, up to 80 percent of sales taxes collected on the sale of sporting goods must be dedicated to land conservation, regardless of other critical needs. Legislators already have the authority to allocate such funds via the annual budget. Vote NO

Amendment 2 creates, as part of the superior court, a state-wide business court with judges appointed and reappointed by the governor. Regulations would be legislated in the future. Locally elected judges would serve with more accountability. Vote NO

Amendment 3 changes the assessment and taxation of “forest land conservation use property” by requiring each tract to be “at least 200 acres in aggregate” in one or two counties with at least 100 acres within a county. Would imminent domain condemnations be used to acquire the 200 acres? How would this affect the conservation of smaller tracts? Vote NO

Amendment 4 authorizes victims of crimes to request a court notification when the defendant in the case is released or escapes from prison. Also, victims would be assured a right to speak at scheduled proceedings. Vote YES

Amendment 5 in locales that contain independent or combination school districts voters could direct full-time equivalent funding to the school attended by the student. Vote YES

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September 2018 Newsletter

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Voter Registration, Early Voting, and a “Do-Over” Election

  • October 9 Last day to register and be eligible to vote November 6
  • October 15 – 31 Advanced absentee in-person voting for November 6
  • October 27 Mandatory Saturday voting for November 6
  • November 2 Last day for a registrar to issue or mail absentee ballots for November 6

May 22nd Election Overturned in House District 28, Do-Over December 4

“More votes than 67 were cast in an incorrect district. Outcome of the election is in question because we do not know how those votes would have been voted. A new election must be held.”
– Banks County Superior Court Senior Judge David Sweat, September 18, 2018

News Flash! Her ballot was for the wrong district. During a conversation, Representative Dan Gasaway’s wife learned that her co-worker would have voted for Mr. Gasaway in the May 22nd Primary Election, but couldn’t because his name was not on her ballot. So, why not request a correct ballot? Perhaps, she wasn’t familiar with her House district number or the names of candidates running in her district. All are very important facts to know before voting.

After incumbent Representative Gasaway lost the Primary by 67 votes, he soon learned that seventy-four people had been given wrong ballots and had voted on wrong ballots in the State House Primary for District 28, which includes Habersham, Banks, and Stephens Counties.

In Habersham County 72 people voted the wrong ballot; two voted wrong ballots in Stephens County; but no votes were contested in Banks County.
Gasaway filed a lawsuit, claiming that some voters who live along the District 28/District 10 dividing line in Habersham County were given the wrong ballots for the May Primary Election.

The complexity of the situation was explained by Habersham County Commission Chairman Victor Anderson who said, “On some properties they had to actually determine where the house is in relation to that line [on the reapportionment map showing district boundaries], even though part of the property was in 28 and part in 10. Where the house resides, determines where the voter lives. It was a fairly complicated process.”

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August 2018 Newsletter

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Voters have the final word!

Amendments to the Constitution or a new Constitution may be proposed by the General Assembly or by a constitutional convention, as provided by this article. Only amendments which are of general and uniform applicability throughout the state shall be proposed, passed, or submitted to the people.
– Constitution of the State of Georgia, Article X, Section I, Paragraph I

Proposed Amendment: H.R. 51 Forest Land Fair Market Value Assessment, Taxation
“Shall the Constitution of Georgia be amended so as to revise provisions related to the subclassification for tax purposes of and the prescribed methodology for establishing the value of forest land conservation use property and related assistance grants, to provide that assistance grants related to forest land conservation use property may be increased by general law for a five-year period and that up to 5 percent of assistance grants may be deducted and retained by the state revenue commissioner to provide for certain state administrative costs, and to provide for the subclassification of qualified timberland property for ad valorem taxation purposes?” Yes____No____

Note: This changes the methods of assessing and taxing “forest land conservation use property.” Currently, such must exceed 200 acres. This changes the required acreage to “at least 200 acres in aggregate” in one or two counties with at least 100 acres within a county. It defines a fair market value of forest land and allows the state to tax assistance grants five-percent for administration costs. A qualified timberland property appraisal manual would be adopted. However, Department of Revenue appraisals of timberland could be appealed.

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