Gov. Nathan Deal will sign the medical marijuana bill at the state Capitol Thursday morning, another compassionate step for families seeing their children suffer from severe seizures.
A large crowd will gather at the Capitol steps for the event, with the legislation becoming law upon Deal’s signature. That will be another gratifying moment for Rep. Allen Peake, R-Macon, who led a two-year fight for the legislation’s passage after meeting Haleigh Cox, a young child who nearly died from a disorder that caused more than 200 seizures a day. Haleigh moved with her family to Colorado and received cannabis oil treatment that greatly reduced her seizures.
While the legislation will allow families like Haleigh’s to return home to Georgia, others covered by House Bill 1 will still face the risk of federal prosecution by having to go out of state for their cannabis oil, Peake told InsiderAdvantage Georgia.
“We knew all along that there would be challenges for our families, and until we have an in-state cultivation processing and delivery system, those challenges are going to remain,” Peake said.
The legislation, he continued, “is not the ideal solution, not the best one for all of our citizens, but it’s a great first step that provides them access and provides immunity.”
A Colorado manufacturer has agreed to ship cannabis oil with .3 percent THC to Georgia, Peake said, which will give relief to families of children with seizure disorders.
But the company’s plan won’t help others covered by the legislation. “For cancer and MS patients that need a higher level of THC, that’s not going to work,” Peake said. ”They’re going to have to go to another state, and bring it back by car by or by plane and risk potential violation of federal law.”
Peake said that the risk of prosecution would be minimal for such patients, but it would remain until they reach Georgia. The legislation gives immunity from prosecution in Georgia to those possessing up to 20 ounces of cannabis oil with up to 5 percent THC, the substance in marijuana that causes highs in greater amounts.
Deal signed an executive order March 27 allowing the Georgia Department of Public Health to begin setting up the process for patients to receive certification to possess the cannabis oil. The legislation requires that patients receive a doctor’s authorization to receive a registration card that allows them to possess the substance. Peake said he expects the registration procedures to be in place within 30 to 60 days after Deal signs the bill. Those suffering from cancer, ALS, seizure disorders, MS, Chrohn’s disease, mitochondrial disease, Parkinson’s disease and sickle cell disease can possess the substance.
“They are moving heaven and earth; I’ve never seen a state agency work this quickly,” Peake said about the Department of Public Health. “This makes clear they want to do everything they can to bring families home.”
The legislation also sets up a Georgia commission that will make recommendations to the governor and the General Assembly for developing a system of medical marijuana cultivation and delivery within Georgia. Peake said that 23 states have developed medical marijuana models. Deal would appoint the commission’s members by July 1. Peake and Deal have constantly said that they are opposed to marijuana cultivation for recreational use.
Peake said he supports legislation in the U.S. Senate that would allow patients and doctors to participate in state medical marijuana programs without fear of federal prosecution. The proposed Compassionate Access, Research Expansion and Respect States (CARERS) Act would remove the legal risks for all families, Peak said.
“Quite frankly, that federal bill is a solution,” Peake said, adding that he’s encouraging Georgia senators Johnny Isakson and David Perdue, both Republicans, to support it. The legislation is sponsored by Sens. Corey Booker, D-New Jersey, Kirsten Gillibrand, D-New York, and Rand Paul, R-Kentucky. Paul has announced his candidacy for the GOP presidential nomination.
The legislation would change marijuana from a Schedule 1 to a Schedule 2 drug under Drug Enforcement Administration rules. Schedule 1 includes dangerous drugs such as heroin seen as having no medical value. Schedule 2 drugs are those seen as having an accepted medical use.
