Since last Friday, I have read headlines and social media posts that House Bill 1, the bill attempting to legalize medical cannabis in Georgia, had been gutted or was dead. Let me assure you, that is the furthest thing from the truth.
There were two main objectives to HB 1. First, to provide immediate immunity from prosecution for possession of cannabis oil, so that the 17 families who have moved to another state to obtain medical cannabis oil for their children could come home, and not fear arrest or having DFCS showing up at their door to take their child away. Second, to implement a comprehensive regulatory structure so medical cannabis can be cultivated, processed, and distributed in a safe, timely and effective manner in Georgia.
After intense discussions with Gov. Nathan Deal, the decision was made to delay the in-state growth model for a year for more study to make sure we get it right. So, the agreement was to set up a commission charged with making a recommendation by December to the governor and Legislature on the best model for dispensing medical cannabis in Georgia.
This commission will be made up of medical professionals, pharmacists, law enforcement officials, Department of Agriculture personnel, lab experts and members of the governor’s leadership team. I hope to be intimately involved in this commission as well. Obviously, there is no guarantee the General Assembly will move on the commission’s recommendations in 2016, but I am confident action will be taken to implement an in-state growth model very early in the 2016 legislative session.
The governor also agreed to support the passage of HB 1, which will include complete immunity for those possessing cannabis oil with less than 5 percent THC (the psychoactive component of the cannabis plant) and who have been diagnosed by a physician with certain medical conditions — including cancer, glaucoma, AIDS, ALS, seizure disorders, multiple sclerosis, Crohn’s disease, mitochondrial disease, Alzheimer’s, Parkinson’s disease, post-traumatic stress disorder, autism, sickle cell anemia, Tourette’s syndrome, muscle spasticity disorders, fibromyalgia and terminal illnesses.
All of these medical conditions have seen positive results from cannabis oil. This is the compassionate and right move for our state, to allow citizens in pain to make the personal decision with their physician to access cannabis oil that can ease their suffering.
There are clearly challenges to gaining access to cannabis oil, even with immunity in Georgia, because transporting cannabis across state lines is a violation of federal law. Many families and citizens fear being arrested. So we came up with four options for access to cannabis oil:
• We have had discussions with a cannabis oil manufacturer in a legal state that is prepared to ship cannabis oil so low in THC it is considered hemp. This strain has been used with amazing results by many families whose children suffer from seizures; they have seen reduced seizures, improved cognitive ability, and reduced use of FDA-approved drugs. I have been assured that if our immunity language passes, this manufacturer will begin shipping to Georgia immediately, allowing most of our medical refugees to come home and giving access to hundreds of Georgia children who suffer from seizures. This is a very real and viable option.
• Several neighboring states are very close to producing a strain of cannabis oil similar to the product being used in Colorado, which again will be considered hemp. Therefore, many families and citizens could legally obtain the oil from these states, drive back to Georgia, and have immunity once they are back inside our borders.
• We will ask Governor Deal to seek an exemption from the Drug Enforcement Administration and Justice Department to ship cannabis oil from another state to a state agency in Georgia to be distributed on a compassionate-need basis. This is similar to what officials in other states have requested, most recently Gov. Andrew Cuomo in New York.
• Finally, it may be time for some civil disobedience — not by parents who need to be with their sick child, but by citizens like me. I am fully prepared to risk going to jail to get medicine for these children with seizure disorders. Maybe it will take someone like me getting arrested to show the lunacy of a federal law that allows me to be in possession of cannabis oil legally in Colorado and in Georgia, but be arrested because I am traveling with the oil through Kansas. Maybe that’s what it will take, and I’m willing to pursue this option, if the first three options fail to deliver for our citizens.
The fight for medical cannabis is Georgia is far from over, but we are moving in a very positive direction.
For more information, go to: http://www.latimes.com/nation/la-na-medical-pot-20141216-story.html
State Rep. Allen Peake, R-Macon, is the sponsor of House Bill 1, Georgia’s medical marijuana bill.
