Georgia Medical Marijuana Reform in 2017:

State Rep. Allen Peake (R-Macon) announced his plans to file legislation seeking a public vote on in-state cultivation of cannabis for medicinal use.

Peake has taken on the medical cannabis issue over the past several years with some success. The successful House Bill 1 allows some patients to use low-THC cannabis oil. However, no legal supply of the medicine was, or is, as of yet, available in Georgia.

As a result, many families are now in the difficult position of having to violate state law in order to import medicine.

Georgia CARE Project (Campaign for Access, Reform and Education) supports a ballot initiative that takes the issue directly to the public, in order to resolve this issue.

According to James Bell, Director of Georgia CARE, the public understands the issue and can make a rational decision on their own.

“We know there is huge support amongst the public and General Assembly”, Bell said. A recent Atlanta Journal Constitution poll found that 71% of Georgians support the expansion of medical marijuana. “They trust us to vote for them each election cycle. Therefore they should trust us to make a decision on the medical cannabis issue.”

Bell points out that Gov. Deal and his floor leaders push back on in-state cultivation, claiming the industries are unable to keep cultivation under control. This is in contrast to the dozens of states that currently produce cannabis. Experience shows us that producers and regulators can effectively track the plant from seed to patient.

Looking Forward

“Both medical cannabis and ‘recreational’ cannabis will be legal. It’s not a matter of if, but when. These are two separate issues that deserve separate consideration. One issue should not disqualify the debate over the other. We want all issues on the table. Decriminalization and harm reduction through criminal justice reform is the first step,” Bell said.

Georgia CARE Project focuses on three areas of reform: criminal justice, medicinal cannabis, and industrial hemp.

Why Isn’t Georgia Voting on Cannabis Legalization?

We’ve received questions from supporters asking why Georgians don’t see anything on the ballot about cannabis legalization in 2016. You’ve also asked what has to happen in order for Georgians to be able to vote on these issues.

We are so glad to hear these questions! They are the exact questions anyone who wants to see legal reforms should ask, and we’re here to answer them.

The answers, which we have explained below, are why we do the work that we do, and why we need your support.

Below are answers to these questions along with explanations so you can understand exactly how things work in Georgia. We’ve taken some of this info from Ballotpedia, which is also a good source to check out for political info on Georgia and elsewhere.

Q: Why isn’t there anything on the ballot about cannabis legalization?

A: Because Georgia legislators decided against including it on the ballot.

In Georgia, “the legislature can put a proposed amendment on the ballot upon a two-thirds majority vote in both the legislative chambers.”

This means the Georgia State Senate and the Georgia State House of Representatives must both vote on including the amendment on the ballot. AND at least two-thirds (2/3) of both chambers must approve the decision in order for it to be included.

The voting does not rely upon a simple majority of 51% but a “supermajority” rule of two-thirds. That means 120 votes in the House and 38 votes in the Senate.

Q: What about the ballot measure that was proposed in 2015?

A: The ballot measure did not pass both chambers in 2015. It was not reintroduced in 2016.

Senator Curt Thompson of District 5 introduced Senate Resolution 6 on November 24, 2014. This submitted the ballot for consideration in the 2015-2016 session. It did not pass both chambers and was not reintroduced after its failure to pass.

It can be reintroduced again, but it will require support from more legislators to pass.

Q: What about Washington, D.C.? They petitioned to vote on the issue.

A: Georgia’s constitution “does not currently allow for any form of citizen initiated ballot measures, so all ballot measures must be referred by the legislature.”

The District of Columbia allows for “citizen initiated ballot measures.” This means if enough citizens sign a petition in support of an initiative, the issue will be placed on the ballot and it does not require the legislature’s approval. The legislature still has the power to introduce ballot measures but citizens can bypass them and force the issue to a vote.

This is a powerful form of direct democracy. However, it is not something that is allowed in Georgia’s constitution. This means it is not an option for cannabis legalization.

Instead, one or more Georgia legislators must sponsor the ballot measure in order for it to go to a vote in the two chambers. Then, each chamber must vote in support of the ballot measure (at least 2/3 as described above) in order for it to be included on the ballot on election day.

This means Georgia must approach things differently than Washington, D.C. and hey, we’ve been doing things differently for years!

Q: So – what do we do to see a ballot measure for cannabis legalization in the future?

A: We have to lobby Georgia legislators of both parties, in the House and the Senate, to make them understand the majority of Georgians support reform and want to vote on a ballot measure.

Beyond that, we have to elect representatives who are ready to support this issue.

This is where the Georgia CARE Project and our partners come into the picture.

It is our job to talk with legislators in both chambers and explain the merits of these legal reforms.

We advocate for these issues on your behalf. As part of our #40DaysCampaign, we want to be present for all forty days of the legislative session. Legislators need to hear our message on cannabis legalization every single day. You can support that initiative by pledging to support a day or more of lobbying.

We will help organize Georgians to reach out to their representatives to let them know we want to see change. This shows them we want representatives who understand how important this issue is for the future of our state.

We have also recently launched a City by City initiative to push forward cannabis legalization reform on the local, city level across Georgia.

Governor Nathan Deal Kills Medical Marijuana Bill

Atlanta GA: The headline screamed “Gov Deal Supports New Medical Marijuana Bill”. What it did not say was this “new bill” essentially killed any efforts to get legal cannabis medicine to the people of Georgia. House Bill 1, sponsored by Rep Allen Peake (R) is DEAD!

“They have pulled the wool over our eyes and pulled the rug out from under the citizens of Georgia that support medical marijuana”, said James Bell director of Georgia C.A.R.E. Project. “They have betrayed the will and desire of the people of Georgia with their political shenanigans.”

Until last Friday (Jan. 9), advocates were being told by Rep. Allen Peake that medical marijuana was on track for the 2015 legislative session. But Deal and Peake has agreed upon a back room deal undermining the efforts.

Instead of a bill allowing for cannabis cultivation and formulation of cannabis extracts in-state, the new version according to Peake and Deal would offer some form of “immunity” from prosecution for certain people able to smuggle the CBD/THC extracts from other states. This was revealed Friday in controlled public relations event staged in the governors office with a reporter from WSB TV news.

“Disappointment does not describe our feeling in this matter”, said James Bell. “The least we expected was a fair hearing on HB-1 during the session. Instead, Allen Peake gave into the demands of Gov. Deal and left the sick children to deal with their medical conditions on their own. Lawmakers look to states like Colorado for the answer but refuse to implement a similar policy.”

According to Bell, Allen Peake is setting up patients to violate federal and other state’s laws concerning possessing and transporting a controlled substance across state lines. Patients and parents would essentially become drug smugglers and only certain people would be immune from prosecution.

Georgia C.A.R.E. encourages the public to abandon Allen Peake’s efforts with HB-1 and focus attention on Senate Bill 7 authored by Sen. Curt Thompson (D).

“We know the general assembly supports medical cannabis, we know the public overwhelmingly supports it, so why did Allen Peake cave into the demands of the governor? POLITICS !”