A first step can be hard, joyful and wobbly. It takes courage, faith, determination and pure grit. House Bill 1 is a bit of all these.
Once HB 1 is signed into law by the governor, Georgia families will be able to use the oil from marijuana plants in the treatment of certain medical conditions, bringing relief and hope to many. Cannabis oil with THC has shown excellent results treating childhood seizures and many other conditions, including pain and appetite loss from cancer, ALS, multiple sclerosis, Crohn’s disease and sickle cell anemia.
HB 1 is an incredible first step, and it was a hard one. Proponents, including the governor, Rep. Allen Peake and Sen. Renee Unterman, should be commended for helping Georgia take this step. With their thoughtfulness and leadership, the next step will be easier.
Georgia will create a limited drug study program and a commission of experts to help resolve some of the issues that were left on the table — namely, the use of inhalers, creams, patches and smokable forms of cannabis/marijuana; and expanding the list of illnesses that can be treated, such as to autism and fibromyalgia.
There will be limitations on the ability of physicians to prescribe marijuana except in severe or final-stage illnesses. Physicians are also limited on the appropriate delivery system of medical marijuana. Many patients who might benefit from the use of medical cannabis have difficulty ingesting the oil or taking shots. For them, the ability to use an inhaler or apply a topical cream might be the only appropriate delivery method. A doctor, not legislators, should have the ability to prescribe the best method based on a patient’s illness and need.
Possibly the largest step not taken in HB 1 is addressing the federal penalties that still apply. Marijuana remains a Schedule I drug. Transportation of cannabis oil across state lines remains illegal, with penalties of five years’ imprisonment or a $250,000 fine for an individual and up to $1 million for a corporation selling across state lines.
Federal authorities have indicated they would not pursue charges against individuals using cannabis or marijuana for medical reasons if they reside within the state in which the product is manufactured. HB 1 prohibits the manufacture of cannabis oil or marijuana leaf products in Georgia, and families continue to run the risk of federal criminal activity transporting it home.
The shortcomings of HB 1 are not problems of intention, but execution. To legally obtain cannabis oil, a family or individual would still need to travel to a state where manufacturing is legal. That requires money or the continued splintering of family residences.
My hope is the new commission will make recommendations to perfect Georgia’s law and face head-on the matter of cannabis production in Georgia. Doing so is the only solution to ensure our citizens protection under the federal guidelines, and to ease fears of researchers who worry about losing grant funding.
It is time to face old fears and stigmas attached to marijuana, recognizing marijuana has real medicinal benefits.
All Georgians, regardless of age, geography or income level, should be able to get the medical relief they need. We should not get caught up politics, but provide suffering Georgians access to potentially life-saving medicine in whatever form necessary. We should do this without having to turn them into federal drug traffickers. The stakes are too high for our families not to get this right.
State Sen. Curt Thompson, D-Norcross, is a lawyer.
