Georgia and Medicinal Marijuana since 1980???

steakii · 09-18-2008, 05:52 PM

I was looking through the georgia state code book (lexis-nexis.com/hottopics/gacode/default.asp) and apparently the state of georgia enacted medical marijuana for cancer in glaucoma patients in 1980, i think...

Quote:

*** Current through the 2008 Regular Session ***

TITLE 43. PROFESSIONS AND BUSINESSES
CHAPTER 34. PHYSICIANS, ACUPUNCTURE, PHYSICIAN'S ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE
ARTICLE 5. USE OF MARIJUANA FOR TREATMENT OF CANCER AND GLAUCOMA

O.C.G.A. § 43-34-125 (2008)
§ 43-34-125. Receipt of marijuana by composite board; distribution; responsibility for costs of obtaining and testing marijuana

(a) The composite board shall apply to contract with the National Institute on Drug Abuse for receipt of marijuana pursuant to this article and pursuant to regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administration, and the Federal Drug Enforcement Agency.

(b) The composite board shall cause marijuana approved for use in the program to be transferred to a certified pharmacy, licensed by the state, for distribution to the certified patient by a licensed pharmacist upon a written order for research medication of the certified physician, pursuant to this article. Any reasonable costs incurred by the composite board in obtaining or testing marijuana shall be charged to participating physicians who may seek reimbursement from their research subjects utilizing the marijuana.

HISTORY: Code 1933, § 84-906A, enacted by Ga. L. 1980, p. 82, § 1.

TITLE 43. PROFESSIONS AND BUSINESSES
CHAPTER 34. PHYSICIANS, ACUPUNCTURE, PHYSICIAN'S ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE
ARTICLE 5. USE OF MARIJUANA FOR TREATMENT OF CANCER AND GLAUCOMA
O.C.G.A. § 43-34-126 (2008)
§ 43-34-126. Immunity of program participants from state prosecution for possession or use of authorized marijuana

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 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.

HISTORY: Code 1933, § 84-907A, enacted by Ga. L. 1980, p. 82, § 1; Ga. L. 1992, p. 1634, § 1.

Does anyone know what to make of this? I always thought that GA had no medical marijuana clause. Is this just to protect the very few Federal medicinal marijuana patients? Is it only for a certain study that they were trying to do?

Maybe im missing something big, but it seems to me like GA has to potential and legal right to distribute and prescribe marijuana?

I just need some clarity on the law here, its just confusing to me. Any law people here have some input?

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