What we want
We believe the State of Georgia should legalize the use of cannabis by responsible adults. Cannabis and hemp industries in Georgia should be opened up to create jobs and economic development within the state. Restorative measures should be taken by the state to help heal the harm inflicted upon individuals and communities that have been disproportionately impacted by cannabis laws.
At the state and level, in the absence of comprehensive reform, marijuana decriminalization can be an effective harm reduction measure.
Comprehensive Cannabis Reform Policy Platform
Our platform for comprehensive cannabis reform involves five parts:
- Adult Use and Commercial Sale
- Medical Use
- Restorative Justice
- Social Equity Program
- Rural Georgia Economic Development
You can view our Comprehensive Platform Statement and view its signatories here.
1. Adult Use and Commercial Sale
- Creation of a state regulatory authority on cannabis.
- Implementation of a seed-to-consumer tracking system.
- Legalization of adult use of cannabis.
- Commercial production and processing.
- Cultivation for personal use.
- Sale and taxation like alcohol and tobacco.
Massive Positive Economic Potential
Georgia Grown cannabis and hemp can generate billions of dollars in state commerce.
A sales tax on commercial cannabis sales in Georgia could generate nearly 500 million dollars in revenue for the state.
Reform Georgia
The creation of a legal cannabis industry in Georgia will grow local economies and create thousands of jobs throughout the state across multiple sectors.
Based on the revenue generated in other states and adjusted for Georgia’s population, a sales tax on commercial cannabis sales in Georgia could generate nearly 500 million dollars in revenue for the state. That is state revenue that can be used to serve the needs of Georgians across the state via education, healthcare, and infrastructure.
The legalization of cannabis will allow local governments to more effectively utilize limited public safety resources and prioritize more serious violent and property crimes.
2. Medical Use
- Cannabis shall be recognized as having legitimate medicinal applications as supported by scientific research.
- In state medical research should be encouraged.
- Doctors shall be authorized to recommend cannabis for adults and minors.
Cannabis is a Safe Medical Alternative for Many Patients
Cannabis is already recognized as having medicinal benefits by numerous US states. Georgia has already recognized the benefits of CBD oil for a variety of conditions, having first been legalized to provide children with access to effective medicine for epileptic conditions.
The use of cannabis does not result in overdoses. It has a low-risk for addiction and can therefore provide a safer alternative for pain management than opioids for many patients.
– Reform Georgia
The current medical system is extremely limited and still lacks a means for patients to safely access their medicine. The passage of HB324 in 2019 allows the cultivation of cannabis in Georgia for the production of low-THC oil. It currently authorizes the first in-state sale by January 1, 2021.
Legalization will resolve the issues of access and will allow for further in-state medical research.
Georgia has several medical research universities that could engage in valuable and important research into further medical and health applications.
3. Restorative Justice
- Arrest records for cannabis offenses that will no longer be illegal shall be eligible for record restriction.
- Convictions and active sentences for cannabis offenses that will no longer be illegal shall become eligible for retroactive sentencing.
- A state-funded commission will oversee a judicial review of all cannabis convictions, to complete within 24 months.
- Through this process, all those convicted of a non-violent cannabis offense prior to its legalization shall have their conviction retroactively discharged without a judgment of guilt, releasing those incarcerated and clearing people’s criminal history.
Retroactive Sentencing
Retroactive sentencing refers to a judicial process where a previously decided case can be reconsidered and the judgment of guilt can be withdrawn by our court system. It also means that the charges are eligible for restriction from background checks. This does not mean that someone that committed a separate crime would be released of that crime or punishment. The primary goal of this action is to remove anyone being incarcerated or supervised by the state from the system. The secondary goal is the retroactive correction of sentences already served in order to help eliminate marijuana-related criminal records.
Georgia has taken this type of measure before through the First Offender Act which seeks to allow first-time offenders to avoid jail time and a criminal record. We do not wish to replicate the structure and restrictions of FOA exactly but it underlines that this is something we can do and have done before.
The platform calls for the creation of a commission to oversee the judicial review of all cannabis related sentences to identify those for whom retroactive sentencing can be applied. This process needs to be funded and given a deadline of 24 months so that people are not left languishing in the system. Active sentences should be prioritized to remove those incarcerated or on probation, followed by the retroactive sentencing for served sentences to allow the restriction of those criminal records.
Record Restriction
Currently under Georgia state law, arrests that did not result in convictions are eligible for restriction but the vast majority of adult convictions can never be restricted. Record restriction or “expungement” as it is known elsewhere, means a record is restricted from view to public background checks, i.e. those run by employers. It does not erase the record and it can still be accessed by law enforcement.
Criminal records frequently restrict access to employment opportunities, housing, scholarships, and public services. This means someone in Georgia could have been convicted of misdemeanor marijuana possession at 22, and at 62, they are still being followed around and punished by their record. By restricting records, individuals who have served their time can have an opportunity to move forward, re-enter the workforce and create financial stability that is proven to reduce the likelihood of someone returning to the justice system.
This platform seeks to make marijuana related crimes eligible for restriction so that no one is carrying that obstacle to employment with them after reform takes place. This should be extended to felony marijuana charges that include sale and manufacturing of marijuana, a business activity that will be legal after reform. All those released through a process of retroactive sentencing should also have their records simultaneously restricted.
Read our general platform position on the need for record restriction reform in Georgia.
4. Industry Social Equity Program
- Creation of a state social equity program administered by the state regulatory body and tasked with ensuring that the communities and populations that have been disproportionately impacted by cannabis laws will have equitable access to and benefit from the economic opportunities that legalization will create.
- This means transitional services, job training, and access to resources for those exiting the system as well as their families and members of disproportionately impacted communities.
- Require that all cannabis businesses seeking a license have a diversity plan and positive community impact plan.
5. Rural Georgia Economic Development
- Hemp and cannabis shall be differentiated legally so that hemp, which is a low-THC plant, does not face as much restriction, and the Georgia Grown hemp industry is allowed to expand.
- Hemp processing and manufacturing shall also be legalized to allow for more revenue to stay in the state.
- Provide no limit on licenses for hemp production to allow competition and encourage market growth in rural Georgia communities that rely on the agricultural industry.
Agricultural Hemp Can Drive Economic Development in Rural Georgia
Nearly two-thirds of Georgia’s 159 counties are primarily engaged in agriculture. One in seven Georgians is employed in agriculture, forestry or related fields.
Reform Georgia
Agricultural hemp has dozens of industrial and commercial applications. It represents a major industry in other states that could create thousands of jobs in Georgia and drive an economic renaissance in rural Georgia.
Nearly two-thirds of Georgia’s 159 counties are primarily engaged in agriculture. One in seven Georgians is employed in agriculture, forestry or related fields.
Hemp is a type of cannabis that has almost none of the psychoactive THC compound in it so it is does not have the same effect as typical cannabis.
Commercial applications of agricultural hemp include:
- Commercial food products
- Pet food products
- Plastic products
- Paper products
- Clothing and textiles
- Oil based products
- Construction materials
- Fuel (biodiesel)
The hemp industry should also be included under a statewide social equity program in order to facilitate entry into the market by members of the most disproportionately impacted communities, as well as to ensure that the industry is making a positive impact where laws have historically harmed families and communities.
Reasons for Reform
Unjust Punishment and Disproportionate Impact
- The application of cannabis law in Georgia communities across the state has proven to be discriminatory and has a disproportionate impact on communities of color.
- Black Georgians are 3.7 times more likely to be arrested for cannabis possession than their white counterparts, despite equal rates of use.
- The punishment has proven far worse than the offense. Georgia citizens are being incarcerated for years for an activity that is legal in other states and generating millions for other state governments. Arrest and incarceration for cannabis disrupts families, threatens employment and financial independence, and does not help make anyone safer.
- 70% of adults in jail for cannabis-related offenses in Georgia have a child, more than the general jail population. Children are unfairly impacted by these unnecessary punishments.
Incarceration for Marijuana Crimes in Georgia Reflects Racial Inequality
The chart below shows that today in Georgia, 75% of those being incarcerated by the state for marijuana crimes are black, compared to representing only about 32% of the state population.
Back in 1990-95, incarceration for marijuana was a near 1-to-1 split between white and black Georgians. Even then, that was a disproportionately high rate for blacks. Now, it’s 1-to-3.
The next chart illustrates why we see such a dramatic shift in percentage.
While incarceration numbers for white Georgians stays relatively steady and even declines over time, the number of black Georgians entering state correctional facilities triples from 1995 to 2012 and still remains three times greater than white entries in 2017.
In 1995, white entries were 584 and black entries only slightly higher at 599. In 2017, white entries were 432 while black entries totaled 1,363.
Let’s think about this another way.
In the 23 years since 1995, the number of Georgians incarcerated each year by the state for marijuana crimes grew 100% from about 900 to over 1800.
That means for over two decades, absolutely all of the growth in the state’s incarceration for marijuana has been among Georgians of color.
Because the populations are different in size, we also calculated the 2017 rate per 100,000 for black and white Georgians to give a more accurate comparison between the two populations.
For white Georgians, it was 6.8 admissions per 100,000. For black Georgians, it was 40.6.
That means black Georgians are nearly 6x as likely as their white counterparts to enter state corrections for marijuana related crimes, despite equal rates of use.
Rate of Use Among Black and White Americans About Equal
Brookings Institute reported that as of 2014, the prevalence of marijuana use was around 14% among white Americans and 16% among black Americans.
Rising Probation Rates Mean More Penalties Follow After Release
The graph below reflects data taken from the Georgia Department of Corrections. Starting in 2005, the annual inmate profiles start to indicate what percentage of the incoming admissions for marijuana crimes were expected to have probation following their eventual release.
In 2005, that likelihood was 47%. It has gradually risen and as of 2017, sits at 90%, a practical guarantee.
Probation often comes with hundreds of dollars in monthly fees depending on the level of supervision and the type of private probation company involved. It disrupts employment and creates a financial burden for families. It also puts individuals under a high level of scrutiny and any mistake can mean revocation of probation and return to prison, making them more likely to return the longer they remain on probation.
Not only do we see a disproportionate rate of incarceration among black Georgians for marijuana crimes but they now also face increased probation rates following their release.
Juvenile Justice Data
The chart below shows that juvenile arrests (under 18 years old) for the possession and sale of cannabis have been trending downward over the last ten years but remain unnecessarily high. In 2017, nearly 2200 juveniles were arrested for possession by the state and over 250 for sale and manufacturing. This does not account for city and county level arrests.
This highlights the importance of addressing the juvenile justice angle of this issue as well. It is important that possession or sale by minors (under the legal age) should be addressed through accountability courts, community service, or counseling, as well as a possible fine for those above 18, but no one should be punished by arrest or confinement for misdemeanor violations.
Majority of Georgians Support Legal Adult Use
According to a 2018 scientific poll commissioned by 11Alive News and conducted by SurveyUSA in May ’18, most voters in Georgia believe that marijuana should be legal for adult use.
According to the poll, 55% of Georgia voters support legalizing the adult use of cannabis, while 35% said it should remain against the law. Two years ago in 2016, a similar survey indicated that 48% of Georgians were in favor and 38% against. This reflects an ongoing evolution in the public perception and understanding of the issue. Georgia has reached its proverbial tipping point.
“Voters also overwhelmingly support the idea of state-regulated cultivation of marijuana in order to produce legal medical cannabis oil, according to the poll, with 71% saying they’d be in favor. Only 16% said they don’t support state-regulated cultivation, and 12% said they weren’t sure.”
“HOW THE POLL WAS CONDUCTED: 11Alive commissioned the scientific poll with SurveyUSA. They interviewed 2,875 state of GA adults 05/10/18 through 05/15/18. Of the adults, 2,339 were registered to vote.”
Georgia is Lagging Behind Other States
- In 10 states, Washington DC, and Northern Mariana Islands adult use of cannabis is legal.
- In 13 states and the US Virgin Islands, cannabis has been decriminalized.
- In 33 states, Washington DC, Guam, and Puerto Rico, the use of medical cannabis is legal.
Georgia is not in any of these groups.
Georgia is one of 14 states that have allowed the use of only low-THC CBD products for medicinal purposes.
As of 2019, the passage of HB324 by the Georgia General Assembly will allow in-state cultivation of marijuana, its processing to produce low-THC oil, and its dispensing in licensed dispensaries. Sale will not begin until January 1, 2021.
Common Myths and Questions
The following information comes from the National Institute for Drug Abuse (NIDA) operated by the federal government.
Is marijuana a ‘gateway drug’?
“The majority of people who use marijuana don’t go on to use other “harder” drugs.”
– NIDA
Is marijuana dangerous?
“An overdose occurs when a person uses enough of the drug to produce life-threatening symptoms or death. There are no reports of teens or adults dying from marijuana alone. However, some people who use marijuana can feel some very uncomfortable side effects, especially when using marijuana products with high THC levels.”
– NIDA
Is marijuana addictive?
“Marijuana use can lead to the development of a substance use disorder, a medical illness in which the person is unable to stop using even though it’s causing health and social problems in their life. Severe substance use disorders are also known as addiction. Research suggests that between 9 and 30 percent of those who use marijuana may develop some degree of marijuana use disorder. People who begin using marijuana before age 18 are four to seven times more likely than adults to develop a marijuana use disorder.
“Many people who use marijuana long term and are trying to quit report mild withdrawal symptoms that make quitting difficult. These include: grouchiness, sleeplessness, decreased appetite, anxiety, and cravings.”
– NIDA