State senator wants to make marijuana possession a misdemeanor

Backers say bill is not a step toward legal marijuana

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State Sen. Harold Jones II, D-Augusta, is fed up with hearing about people whose lives are ruined by simple pot possession. In the spirit of statewide criminal justice reform, Jones introduced a bill that says getting caught with a bag of marijuana shouldn’t be a felony.

Since the dawn of weed prohibition, Georgians caught with more than an ounce of cannabis have been charged with a felony. But that could change if Jones’ Senate Bill 254 passes and becomes law.

Under SB 254, students would not lose scholarships or federal aid funding if they get convicted for marijuana possession. People convicted of possession also wouldn’t have to lose their right to vote or serve on a jury under SB 254, as they would with a felony.

“The incarceration goes much further than just being in the penitentiary,” said Jones, who previewed the proposal surrounded a posse of pro-cannabis advocates such as Georgia CARE and Peachtree NORML. “This bill would bring people out from economic and social prison.”

State Sen. Vincent Fort, D-Atlanta, who also attended the press conference, said he frequently hears from Georgians who are living with a felony record for minor drug offenses.

“They don’t have access to education,” he said. “They don’t have access to jobs. Too often possession of a small amount of marijuana is a barrier that follows Georgians for the rest of their lives.”

But could breaking that barrier lead Georgia down the slippery slope to pot legalization? James Bell, director of the Georgia CARE Project, says no way. 

“This is not a slippery slope,” Bell said. “It’s a path to some justice in the state. We estimate 1 million Georgians currently use marijuana in some form or fashion for either relaxation or medicine.”

Peachtree NORML Executive Director Sharon Ravert said the country has already poured enough money into declaring war on illicit drugs.

“We waste $93 billion a year fighting this war on drugs,” she said. “As Georgia continues the work on criminal justice reform, we would be remiss not to look at the one thing that entangles the most citizens in Georgia into the criminal justice system for their first time: Cannabis.”

Tom McCain, a member of NORML and a former Johnson County police officer, said his tenure as a cop helped him understand the effect a minor pot charge could have on a person’s life:  ”During my law enforcement career, I saw too many young lives ruined over quantities of marijuana between one and four ounces. But the old stigmas are starting to fall away, and that’s not going to stop. It’s time to stop ruining lives over a plant.”

Jones’ proposal is one of several weed-related pieces of legislation filed this session. State lawmakers are already mulling over House Bill 722, a proposal by state Rep. Allen Peake, R-Macon, which, if passed, would create a heavily regulated in-state cultivation network for medical marijuana. Other proposals would legalize the use of industrial hemp, permit smokable medical marijuana, and legalize recreational marijuana.

Charles Bullock, a political science professor at the University of Georgia, said he thinks Peake’s proposal is far more likely to make its way to Gov. Nathan Deal’s desk for a signature than SB 254. He notes the amount of time it took to build support for last year’s House Bill 1, which legalized low-THC cannabis oil for medical use.

“I think it’s gonna be hard to get it passed this year,” he said. “It took two or three years just to lay the foundation to get HB 1 passed.”

Regardless, that’s not stopping other lawmakers from pushing on the issue. State Rep. Dee Dawkins-Haigler, D-Lithonia, said at Jones’ press conference that she plans to introduce legislation to marry with SB 254.

“It will go a step further,” she said. “If detained for simple possession of marijuana, punishment would be a ticket.”