My reason to legalize marijuana is not because I use it — I don’t nor do I plan to ever use it. Additionally, I do not condone any crimes associated with marijuana use such as DUI or underage use. Once legal, we need to continue to strictly enforce laws that prohibit blackmarket sales and trafficking.
My goals with legalization of marijuana is to enact legislation that:
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- Enables adults to safely, responsibly use marijuana and ends a vicious cycle of incarceration that affects too many Georgia citizens.
- Captures a massive, untapped revenue stream through taxes that can contribute a positive economic impact for Georgians. Michigan is similar in size to Georgia and generated $290 million in marijuana tax revenue in 2023. The average for all states that collected marijuana tax revenue in 2023 was $196 million. According to Motley Fool, a trusted financial service company, Georgia’s annual marijuana tax revenue is estimated at $198 million. In Fiscal Year 2023, Georgia generated $227 million from alcohol beverage taxes.
- Establishes retail store fronts and removes the criminal element.
- Directs marijuana tax revenue to fund health care and public school initiatives.
- Standardizes laws across the state and removes the patchwork of “decriminalization zones” (see below).
- Allows Georgia residents and visitors to our state who are over 21 to possess up to 3 ounces (85 grams).
- Regulates the quality of the product to avoid the current risks of cross contamination with other drugs, such as fentanyl, and harmful chemicals.
- Makes available all forms of non-smokable marijuana to avoid the health risks of smoking.
If we enact smart legislation, we can:
- Protect public health and safety by allowing adults to access legal cannabis, reducing an undue burden on families, law enforcement and the judicial system.
- Empty the pockets of criminals and use the taxes generated from retail cannabis sales to fund core priorities for Georgia residents like health care and public schools.
- Keep cannabis away from kids.
Today’s approach to marijuana law enforcement is not working.
A vast and growing number of Georgians use marijuana, not alcohol, as their recreational drug of choice. But unlike alcohol, the only legal recreational drug, simply possessing marijuana carries the threat of prison, thousands of dollars in fines and legal fees, and the potential loss of your drivers license. These consequences deprive people of their freedom and ability to work and separate them from their families and communities.
Other states have taken a common-sense, productive approach to marijuana. Twenty-four states, The District of Columbia, and multiple U.S. territories have legalized its recreational use. In Georgia, 16 cities and municipalities (see below) have “decriminalized” marajuana possession — more than 13% of Georgians live outside of our very stringent state code. But that doesn’t mean weed is legal or safe to acquire. Even where marijuana is decriminalized, it’s provided by “dealers,” who by definition are engaged in felony-level criminal activity at the state and likely the federal level.
This patchwork of decriminalization is unacceptable, not to mention confusing for Georgians.
If you cross from unincorporated Fulton County into Cherokee County while possessing marijuana, what was a fine and slap on the wrist becomes serious legal and financial trouble.
Or, if your college student is driving from home in Stonecrest to Georgia Southern in Statesboro (where possession has been decriminalized in both locations) and they get stopped for speeding on I-16 outside of Dublin, they are going to be arrested and booked into the Laurens County Jail facing the laws of Georgia.
Possession for Personal Use
- Possession of 1 ounce (28 grams) or less of marijuana is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $1,000, or public works for up to 12 months.
- Possession of over 1 ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment and a fine up to $5,000. The minimum sentence falls under MMS, mandatory minimum sentence, and cannot be overridden by the judge.
Click here for a full summary of marijuana laws in Georgia compiled by the NORML organization.
Things are beginning to change at the federal level. Drug schedules, also known as controlled substance schedules, are classifications established by the U.S. federal government to categorize drugs based on their potential for abuse and accepted medical use. The schedules range from Schedule I to Schedule V, with Schedule I being the most restrictive and Schedule V being the least restrictive.
The U.S. Department of Justice has proposed changing the classification of marijuana from a Schedule I to a Schedule III drug. The rescheduling would remove marijuana from the class of drugs that includes heroin and LSD, classifying it with drugs such as Tylenol (with codeine), ketamine, anabolic steroids, and testosterone.
Georgia’s Marijuana “Decriminalization Zones”
This is a summary of Georgia cities and municipalities that have decriminalized marijuana, since publishing, additional cities and municipalities may have enacted decriminalization laws and existing laws may have changed. Check the city or municipality directly to ensure you have the most updated information.
Athens
Passed: August 2022
City Council Ordinance
Quantity: Less than one ounce
Penalty: $35
Atlanta
Passed: October 2017
City Council Resolution
Quantity: 1 Ounce
Penalty: $75
Augusta
Passed: August 2019
Commission vote
Quantity: 1 Ounce
Penalty: $150
Camilla
Passed: April 2023
City Council Ordinance
Quantity: Less than one ounce
Penalty: $35 or community service
Chamblee
Passed: September 2019
City Council Ordinance
Quantity: 1 ounce
Penalty: $75
Clarkston
Passed: July 2016
City Council Resolution
Quantity: 1 ounce
Penalty: $75
East Point
Passed: December 2023
City Council Ordinance
Quantity: 1 ounce
Penalty: $75 or community service
Forest Park
Passed: July 2018
City Ordinance
Quantity: 1 ounce
Penalty: $100 / $300
Fulton County (unincorporated)
Passed: June 2018
Commission Resolution
Quantity: 1 ounce
Penalty: $75
Kingsland
Passed: 2018
City Ordinance
Quantity: 1 ounce
Penalty: $150
Macon-Bibb County
Passed: 2019
County Ordinance
Quantity: 1 ounce
Penalty: $75
Savannah
Passed: March 2018
Council Resolution
Quantity: 1 ounce
Penalty: $150
South Fulton
Passed: March 2018
Council Resolution
Quantity: 1 ounce
Penalty: $150
Statesboro
Passed: December 2018
City Council Ordinance
Quantity: 1 ounce
Penalty: $500
Stonecrest
Passed: August 2022
City Council Ordinance
Quantity: 1 ounce
Penalty: $100
Tybee Island
Passed: 2021
City Council Ordinance
Quantity: 1 ounce
Penalty: $150
Once marijuana is legalized, we need to review all convictions for marijuana use and anyone convicted for what is now legal, should have their record expunged, or better, pardoned.
My goals for criminal justice reform as it relates to marijuana convictions are to:
- Reduce incarceration and enact legislation to reduce the prison population by expunging the record of anyone convinced for marijuana-related crimes that have been decriminalized or legalized. Such crimes include possession of 3 ounces of marijuana or less and violating probation due to marijuana possession or use.
- For those pardoned, offer access to a jobs skill training program in the trades, funded through a public-private partnership with trade associations. Imprisonment for low-level, nonviolent marijuana crimes has deprived too many Georgians of their ability to support their families. We must put them on a path to success as they re-enter their communities and the workforce.
- Create state-funded housing subsidies for all those pardoned for up to 12 months as they obtain the skills and income needed to sustain themselves and their families after incarceration
My stance on criminal justice reform is not a critique of the Department of Corrections nor the Georgia Penal System. But a person convicted of nonviolent marijuana possession should not be housed with violent criminals, nor should they endure the mental and physical stress of a prison sentence. Those convicted are thrown into a system that is underfunded, understaffed, and increasingly more violent.
By pardoning these individuals (or at a minimum, expunging their record), we could return productive Georgians to the workforce and reunite families separated by an over-strict legal code.
The following was compiled from the 2023 Georgia Department of Corrections Inmate Statistical Profile report.
- According to the campaign’s reading of the report, fully one-half of the 1,317 people incarcerated may have had convictions for nonviolent marijuana crimes, and the majority held full or part-time jobs and are the sole or co-provider for their children. Of course, each person’s conviction needs to be reviewed to determine the correct number of nonviolent offenders.
It’s clear that our current marijuana policies over-criminalize productive citizens and parents — the vast majority of whom are Black men under 40 years old — removing them from their communities and separating them from their families. They should have their cases reviewed for pardon consideration. If elected, I will fight to make sure they do.
The following are the highlights from the 2023 Georgia Department of Corrections Inmate Statistical Profile for those incarcerated for crimes categorized as “Marijuana Crimes”. Click to access the GBC 2023 inmate admissions for marijuana crimes report and reports for prior years.
In 2023, a total of 1,317 people were incarcerated in Georgia prisons for marijuana crimes.
Gender
- 1,250 (95%) Men
- 67 (5%) Female
Employment
- 178 were full-time employees and 52 were employed part-time
- 139 were unemployed, 118 of those were unemployed for more than 6 months
- 9 were students
Dependent Children
- 573 of Men incarcerated had one to four dependents
Race and Age
- Black men, and young men in general, are disproportionately incarcerated for marijuana crimes – the vast majority of those incarcerated are black men under 40
- 965 Black Men were incarcerated, representing 77% of all male incarcerations
- 932 Men incarcerated were between the ages of 20-40, representing 75% of all male incarcerations
Veterans
- 34 Veterans were incarcerated for marijuana crimes. Why should those who have served the country end up behind bars for marijuana use?
Recidivism
- We need to end the cycle of “weed recidivism” where those who violate their parole or probation agreement for simply using marijuana.
- 385 Men who were on parole or probation were re-incarcerated due to marijuana use, representing 30% of all male incarcerations
Additional Information
Click to learn about current Georgia marijuana laws
Click to learn about current states that have legalized marijuana
Click to learn more about the DOJ/DEA drug schedules.
Click to read an April 2024 Forbes article “2024 Marijuana Legalization Review: A Guide For Employers In A Complex Legal Landscape” to learn more about the complexity for businesses who operate in multiple states.
Click to read an AJC Article on the violence inside Georgia’s prisons