Marijuana clones are monitored inside the "Vegetative Room" at the Ataraxia medical marijuana cultivation center in Albion, Ill. After the plants take root, they are potted and moved into this room where they'll spend about two months under lights for 18 hours a day.
Photo: SETH PERLMAN/AP
Photo: SETH PERLMAN/AP

Why not allow in-state cultivation?

The following information is based on reporting by AJC staffers Aaron Gould Sheinin and Kristina Torres.

The state-sanctioned Commission on Medical Cannabis this week voted down a proposal to allow the cultivation of marijuana in Georgia. Earlier this year, the General Assembly passed House Bill 1, Haleigh’s Hope Act, allowing Georgians to use a limited form of cannabis oil to treat severe forms of eight illnesses including cancer, Parkinson’s disease and epilepsy — but did not provide a way for them to get the substance legally.

Both law enforcement officials and Gov. Nathan Deal have expressed concerns about contradicting federal law if Georgia were to allow cultivation in-state. Cannabis is still illegal under federal statutes.

“Federal law makes criminals out of people who would cultivate” marijuana even for medicinal purposes, said Brian Rickman, a commission member and North Georgia district attorney. “I will vote against it, but it is not because I have some moral opposition. I feel so strongly the federal government needs to step up to the plate” and change its laws.

The commission also wants lawmakers to urge Congress to lift a federal ban on the transportation of medical cannabis across state lines. Several members of the panel said fears over federal prohibitions caused them to vote against the cultivation question.

“This is not a ‘no’” forever, said state Rep. Katie Dempsey, R-Rome, another commission member. “It is a ‘no’ today. Literally, the federal government could come in and shut down the progress we’ve made to date.”

Lawmakers in March approved the landmark law that allows patients to possess up to 20 ounces of cannabis oil if a physician signs off. About 300 families are enrolled in the program, which went live in June when a new state registry began signing up patients.

But while state law makes it legal for those patients to have and use the drug, they must travel to other states to get it, which makes them vulnerable to criminal charges of drug possession in other states.

Essentially, state lawmakers only created a way for some people to be protected from prosecution for having the oil while within Georgia’s borders.

Many families now struggle with how to buy the oil and get it home. Some have talked about traveling to other states including Colorado, where companies manufacture strains of the oil most effective for their children. If they’re flying home, they’re left with a decision of sneaking the oil on board carry-on luggage or stuffing it in a checked suitcase — or, to try to ship it.

The commission’s decision to vote against cultivation came one day after House Speaker David Ralston, R-Blue Ridge, told The Atlanta Journal-Constitution that he wants to give Georgians access to cannabis oil made from homegrown marijuana.

Ralston said he considered legislation to approve cultivation of medical marijuana “the next step.” He also praised state Rep. Allen Peake, R-Macon, who authored HB 1 and has been trying to gain traction for in-state cultivation.

The commission’s report is due to Deal by year’s end. State lawmakers reconvene Jan. 11, when they could debate the limited recommendations the commission made, including a new advisory board to oversee expansion of the number of illnesses eligible for the program.

Peake said he still expects to file a bill to allow cultivation, but acknowledged it would “take a miracle” to get it passed, given opposition from the governor, law enforcement agencies and now the commission. He took heart, however, that the commission backed his suggestion that Minnesota had the most promising law, should Georgia ever consider cultivation.

Minnesota created a medical marijuana program in 2014. Two companies were awarded contracts to manufacture the medicine, which is available as pills, liquids or oils at eight state distribution centers. As in Georgia, patients in Minnesota must be certified by a physician. That state allows medical marijuana use for nine disorders including HIV/AIDS, glaucoma, Tourette Syndrome and terminal illness. For information: http://www.health.state.mn.us/topics/cannabis/

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