In March 2015, amidst tearing eyes and a sea of hopeful supporters and families, Georgia Gov. Nathan Deal made history by signing House Bill 1 into law. Families battling with conditions such as epilepsy, cancer, Parkinson’s and ALS changed the hearts and minds of Georgians regarding the pressing need for access to medical cannabis treatments.
Like 23 states that have enacted medical cannabis programs, Georgia is fortunate to have political leaders willing to open their minds in the face of a new and oftentimes controversial policy issue. Georgia families have returned home after spending more than a year separated from loved ones. As they return, however, they are finding the battle isn’t finished.
House Bill 1 did not provide for the production of, and access to, medical cannabis treatments in Georgia. We must take the next step, organizing an in-state program to regulate the production and distribution of cannabis-based treatments.
While Georgians suffering from debilitating conditions can legally possess low-THC oils, there is no legal way for them to purchase the product in Georgia. Unfortunately for those Georgians affected most, legal treatment and legal access to that treatment are not the same thing.
This conundrum has forced patients into a very hard, and very dangerous, legal situation: risk bringing these products to Georgia illegally, or risk the health of their loved ones until further progress is made in Georgia. Many families are buying unmarked products online, often at shockingly high prices, without any knowledge of the product’s quality, efficacy or consistency. Others are transporting the best products they can find via airline or driving across state lines — both of which are expressly illegal under federal law.
Federal regulations prohibit the interstate transportation of any cannabis-derived materials or products. In the 2014 Farm Bill, while industrial hemp may be legally purchased and transported, the Food and Drug Administration clearly reiterated hemp-derived products such as cannabidiol are not dietary supplements and remain illegal for sale and transport.
As recently as February 2015, the FDA sent letters to 18 companies illegally manufacturing and distributing cannabidiol products, threatening legal action if they did not cease and desist production and distribution. Cannabidiol and other cannabis materials cannot be legally produced, purchased or transported through interstate commerce in the United States.
The FDA had good reason for the intervention: None of the products the agency tested contained anywhere near the amounts of cannabidiol claimed by the producers, and seven did not include any cannabis material whatsoever. While state systems are currently operating under a federal hands-off policy, the FDA and U.S. Department of Justice will have to make significant changes to existing cannabis policies governing interstate commerce before any FDA-approved solutions are legal.
Georgia’s patients, however, cannot wait for the federal government to take action. Georgia needs to legalize in-state cannabis production.
The only solution currently protected under federal guidance is the creation of in-state production programs. There are already several good examples of states that have legalized medical cannabis production in a responsible and regulated program.
Florida and New York, for example, are licensing five companies to manufacture cannabis products in a competitive application process. Louisiana will produce its own cannabis products through state-chartered universities. Connecticut licensed four producers and six retail stores operated by pharmacists. Colorado isn’t the only model, and certainly not the best model, for Georgia.
The legislative progress has yet to create a system for legal access to the treatments HB 1 intended to provide. HB 1 was a historic first step we are all grateful for, though it only begins to address the pressing issue of access. We must develop a regulated program for the cultivation and manufacture of cannabis into medical-grade treatments for our citizens. We cannot continue to risk the health or legal well-being of Georgians in need.
As compassionate members of the community who recognize the job is not yet finished, we must take the next step organizing a legal, sustainable and safe solution that provides access for our families in Georgia.
Jake Bergmann is founder and CEO at Surterra Holdings Inc.
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