Georgia Legislature continues to refuse to advance cannabis policy reforms in 2024

The 2024 General Assembly has proven to be a disappointment with no movement on improving the Peachtree State’s archaic policies towards cannabis. Georgia remains one of only 19 states that still jails individuals for simple possession of cannabis and its limited medical cannabis program remains subpar.

Two pieces of legislation carried over from 2023. H388, which would make possession of under an ounce of cannabis a civil, not criminal, violation with no custodial arrest or jail time. HB 337 would create a comprehensive medical cannabis program. Neither bill has been scheduled for committee hearings in 2024.

• Ask your lawmakers to stop jailing cannabis consumers (“decriminalization”) or
• Ask them to end marijuana prohibition entirely.

Georgia voters support legalization, but tens of thousands of arrests continue

Georgia’s cannabis policy is grossly out of step with public opinion: Two-thirds of Georgians believe cannabis possession should be legal. Currently, first-offense possession for an ounce or less of cannabis carries a maximum penalty of up to one year of imprisonment, and more than 40,000 Georgians are arrested every year for marijuana possession. Further, a report by the ACLU shows staggering inequality in the enforcement of marijuana laws. Although Black and white individuals use marijuana at nearly identical rates, Black Georgians are three times more likely than whites to be arrested for marijuana possession.

MPP released a report in 2022 that highlights states like Georgia that have yet to decriminalize cannabis and the negative consequences of this inaction. Local allies have been successfully implementing local decriminalization ordinances in cities and counties in the state, but statewide reform is still desperately needed.

• Contact your lawmakers and ask them to make cannabis decriminalization a priority.

While legalization does not eliminate disparities, it dramatically reduces the total number of cannabis arrests — and thus the damage done by unequal enforcement. Encouragingly, five of the seven states with the lowest disparities had previously enacted legalization laws.

Georgia implements law allowing in-state access to low-THC oil

On April 17, 2019, Gov. Brian Kemp (R) signed Georgia's Hope Act — HB 324 — into law. This bill allows patients to safely access low-THC medical cannabis oils (with up to 5% THC) within Georgia. Sales began in the summer of 2023, with a limited number of dispensaries.

The Georgia Access to Medical Cannabis Commission has tried to expand access to patients by allowing independent pharmacies to carry medical cannabis products, however the Drug Enforcement Administration threatened these pharmacies that they may lose their license to disperse scheduled drugs if they participate in the program. We have yet to see if this threat will be effective in keeping the pharmacies from providing medicine to patients.
 
In 2021, lawmakers enacted SB 195 and expanded low-THC products beyond oils. Patients are now allowed to purchase tinctures, transdermal patches, lotions, and capsules. Unfortunately, edible products, vaporization, and raw flower remain illegal.

Under the 2019 Georgia’s Hope Act, six producers are allowed to cultivate medical cannabis preparations in Georgia. In November 2023 the Commission issued four more licenses to Class 2 cultivators for a total of the six licenses total in the state.  As of July 2023, around 30,000 patients were signed up for the program. For more details, check out our summary.

Work remains to be done in future legislative sessions to improve the law. Given the 5% THC cap, it still does not meet MPP’s definition of an effective medical cannabis law. Make sure you’re signed up for our email updates so you don’t miss out on opportunities to speak out for compassionate cannabis policy.

Stay connected

To stay updated on the status of marijuana policy reform in Georgia, be sure to subscribe to MPP's alerts, if you haven't done so already.