Proposed Laws

(1)  Proposed Bill to be submitted during 2011 – 2012 session creating a medical marijuana program in Georgia that legalizes possession and cultivation of marijuana by patients and caregivers similar to the original California law from 1996.

A BILL TO BE ENTITLED

AN ACT

To amend Article 5 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the Use of Marijuana for Treatment of Cancer and Glaucoma, so as to provide that seriously ill Georgians shall have the right to obtain and use Marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief; to provide for the continued prosecution of persons possessing marijuana for illicit purposes; to provide an effective date; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Article 5 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the Use of Marijuana for Treatment of Cancer and Glaucoma is amended by adding a new Code Section to read as follows:

“43-34-127

(a) This section shall be known and may be cited as the “Compassionate Use Act of 2011.”

(b)(1) The people of the State of Georgia hereby find and declare that the purposes of the Compassionate Use Act of 2011 are as follows:

(A) To ensure that seriously ill Georgians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.

(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.

(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.

(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.

(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.

(d) Code Sections 16-13-30(j) and 16-13-2(b), relating to the Purchase, Possession, Manufacture, Distribution, Or Sale Of Controlled Substances Or Marijuana, Code Section 16-13-31(c) relating to Trafficking in Marijuana, and Code Section 16-13-30.5(a), relating to possession with intent to manufacture marijuana, shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.

(e) For the purposes of this section, “primary caregiver” means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.”

SECTION 2.

Code Section 43-34-126 shall be amended to read as follows: “Patient participants in the program are immune from state prosecution for possession of marijuana as authorized by this article and under the program established in this article. A person authorized under this program shall not possess an amount of marijuana in excess of the amount prescribed under the authority of this article. The amount prescribed shall be maintained in the container in which it was placed at the time the prescription was filled. Physician, pharmacy, and pharmacist participants in the program are immune from state prosecution for possession, distribution, and any other use of marijuana, which use is authorized such persons by this article. Any such possession, distribution, or other use not authorized by this article or subsections (c), (d) or (e) of Code Section 43-34-127 shall be enforced and punished as provided in Chapter 13 of Title 16, relating to controlled substances and dangerous drugs, and Chapter 4 of Title 26, relating to pharmacists and pharmacies.”

SECTION 3.

If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.

SECTION 4.

This Act shall become effective July 1, 2011

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

(2) A second (more conservative) proposed Bill, leaving marijuana illegal but providing an affirmative defense (exception) for terminally ill and AIDS patients who have a doctor’s recommendation and were not using marijuana in the presence of children or in public:

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to Physicians, Acupuncture, Physician Assistants, Cancer and Glaucoma Treatment, Respiratory Care, Clinical Perfusionists, and Orthotics and Prosthetics Practice, so as to provide for an affirmative defense to criminal prosecution for patients using marijuana for the treatment of a terminal illness or HIV/AIDS with a doctor’s written recommendation; to  limit such affirmative defense to possession of less than three (3) ounces for personal medical purposes; to limit such defense to possession in private and away from children, to provide an effective date; and to repeal conflicting laws.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 5 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to use of marijuana for treatment of cancer and glaucoma, is amended by adding Code Section 43-34-127 as follows:

“43-34-127.  Affirmative defense to prosecution for possession of marijuana by terminally ill persons and AIDS patients.

(a) It is an affirmative defense to a prosecution for violation of Code Sections 16-13-30(j) that the person:

(1) Was, at the time of possession of marijuana, suffering from a terminal illness or AIDS, and was personally using marijuana to alleviate physical pain and suffering;

(2) Was in possession of less than three (3) ounces of marijuana for personal use only;

(3) Was using marijuana for medical reasons upon the written recommendation of a licensed physician; and

(4) Was not using marijuana in the presence of children under the age of eighteen, or in a public place.

(b)  No law enforcement agency in this state shall have any civil liability resulting from the lawful arrest of any person to whom this affirmative defense may apply.

(c) Nothing in this Code Section shall be interpreted as decriminalizing or legalizing recreational marijuana use, or preventing the enforcement and application of any part of the Georgia Controlled Substances Act in any case anywhere in this state, except as specifically stated herein.”

SECTION 2.

The effective date of this law shall be July 1, 2010, and it shall apply to any prosecutions in progress on that date and all future prosecutions.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

Which approach do you think is better?  Or would you rather see us go all out for full legalization in Georgia? Leave your comments below – I assure you we read them!