arrested for marijuana Gwinnett

Georgia Low THC Oil Law Amended

Georgia lawmakers managed to pass a meaningful expansion of the two year-old cannabis oil law by adding several new qualifying conditions and making it easier for some patients with a current qualifying condition to receive certification, although in-state cultivation is still off the table (for now).

The law was signed by the governor on May 7, and will mean patients who suffer from Tourette’s Syndrome, Autism and other medical conditions that have shown promise with the treatment of medical marijuana will now qualify for certification under Georgia’s Low THC Oil program. In addition, patients who are under the care of a Georgia hospice will also qualify for cannabis oil. Specifically, patients with the following medical conditions will now qualify for a low THC oil card:

  1. Cancer, when the disease is severe or end stage OR treatment produces wasting or nausea and vomiting
  2. ALS (severe or end stage)
  3. Seizure disorders related to epilepsy or head trauma
  4. MS (severe or end stage)
  5. Crohn’s disease
  6. Mitochondrial disease
  7. Parkinson’s disease (severe or end stage)
  8. Sickle Cell disease (severe or end stage)
  9. Tourette’s Syndrome (severe)
  10. Autism (all patients over 18 qualify, under 18 must be diagnosed as severe)
  11. Epidermolysis bullosa
  12. Alzheimer’s disease (severe or end stage)
  13. AIDS (severe or end stage)
  14. Peripheral neuropathy (severe or end stage)

In addition to the new conditions listed above, SB16 makes other changes to Georgia’s low THC oil law, including:

  • Removes the one-year residency requirement.
  • Allows certification for patients that are in either an inpatient or outpatient hospice program, regardless of diagnosis.
  • Requires semi-annual reporting by recommending physicians to include the level of THC in the oil the patient has been taking.
  • Provides reciprocity for qualified patients from other states that allow the patient to possess low THC oil

MORE TO DO:

The law did not include a mechanism for in-state cannabis cultivation or cannabis oil production, as well as the exclusion of conditions like PTSD and Fibromyalgia. Rep. Alan Peake offered a separate resolution earlier in the legislative session  that would have given Georgia voters a say on the issue of in-state cultivation but it was defeated in the House.

If you or your loved ones suffer from the above medical conditions and need more information, you can contact me or go to georgiacannabis.org

 

 

States Are Struggling In Defining Marijuana DUIs

As more states legalize personal use of marijuana, they are now trying to define just how much marijuana in a person’s blood would be considered as an impaired driver.  States such as Colorado and Washington are trying to agree on an amount of Delta 9 THC (the active ingredient in marijuana) that would cause someone to be impaired to drive, and would therefore constitute a “per se” DUI.  The amount that they came up with is five or more nanograms of Delta 9 THC per milliliter, yet there are disagreements on whether even that amount is too low or too high.  “Even the National Highway Traffic Safety Administration (NHSTA) acknowledges that detecting impairment caused by use of marijuana can be trickier than it is for alcohol.”  (NY Times, June 9, 2013)Police Officer - Eye Coordination




“Earlier this year, in a widely viewed broadcast, a Seattle TV station, KIRO, had three volunteers smoke marijuana before driving.  They started out well enough, and each were capable of driving safely even after they far exceeded the state’s 5 nanogram limit.”  (NY Times, June 9, 2013)




In states that have not legalized recreational use, such as Georgia, the legal definition of someone under the influence of marijuana is someone who is rendered “incapable of driving safely.”  There is currently no “per se” marijuana in Georgia.  There is a DUI “per se” level which is .08 grams but in Georgia the State must prove that you are “rendered incapable of driving safely due to marijuana.”  The State generally must show less safe driving, failure to perform balance tests, or physical manifestations of being “stoned.”  Most officers lack the training to accurately articulate someone who may be impaired due to marijuana; therefore, it is important that you do NOT voluntarily give the State any evidence which would incriminate you.




The Simple Rules apply if you are stopped in Georgia and are suspected of being under the influence of marijuana:

  • Don’t admit to smoking.
  • Don’t do any field tests.
  • Don’t agree to a blood or urine test.
  • Make the State prove that you are under the influence to the extent you were “rendered incapable of driving safely.”





For the latest on DUI and traffic laws news, visit the MRGADUI blog.  To inquire about legal representation for traffic offenses, contact Mickey Roberts today.  Also be sure to connect with Mickey on Facebook,Twitter and Google+.