Biden administration plans to reclassify marijuana. What does that mean for Georgia?

Miguel Legoas and Marina Johnson, USA TODAY NETWORK
Updated ·4 min read

A change in policy could be coming that would dramatically change how weed is perceived and criminalized in America.

USA Today reported that the U.S. Drug and Enforcement Administration is debating reclassifying marijuana under the Controlled Substances Act from a Schedule I drug to a Schedule III drug. It's been considered a Schedule I drug since the Controlled Substances Act was signed in 1970, falling into the same category as substances like heroin and making it a more serious drug than cocaine, methamphetamine, and fentanyl (which are Schedule II).

Here's a closer look at what this means on a nation level as well as what Georgians may expect:

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What are Schedule III drugs?

According to the DEA, Schedule III drugs are those with a moderate to low potential for physical and psychological dependence. Some examples of these are Tylenol with codeine, ketamine, anabolic steroids, testosterone.

According to Lawson and Berry Attorneys out of Atlanta, possession convictions for both Schedule I and III will be treated as felonies but the sentences are different. With a Schedule III drug, the initial punishment could be up to three years. With a Schedule I drug, depending on the amount of the possession, the punishment could be up to 15 years.

Is marijuana legal in Georgia?

Georgia law only allows possession of up to 20 fluid ounces of low THC oil (which is derived from the marijuana plant) for those who are qualified to have it, according to the Georgia Department of Public Health. Interested residents must obtain a Georgia Low THC Registry card and only qualify if they are one of the following:

  • An adult with cancer, Alzheimer's, Crohn’s disease, autism, PTSD, or one or more of the other specified medical conditions under the law. A full list is available to view at dph.georgia.gov/low-thc-oil-registry.

  • The parent or legal guardian of someone with one or more of the specified conditions.

Does Georgia plan to fully legalize marijuana?

According to the Marijuana Policy Project, a national cannabis legalization organization, there was no movement to expand the state's marijuana laws at the Georgia 2024 General Assembly. Two bills were carried over from 2023, but according to legislation tracker BillTrack50, both are in the "introduced" phase meaning there's a long way to go before they could become a reality. MPP says neither bill has been scheduled for committee hearings in 2024.

GA HB337 would authorize the use, production, manufacturing, and dispensing of medical marijuana in Georgia. It also sets up regulations for doctors as well as clarifies civil liberties and legalities for health care institutions and providers treating patients with medical marijuana.

GA HB388 would reclassify the possession of certain amounts of marijuana as a misdemeanor. It also includes amendments to sections of the Georgia code relating to state, probate, and magistrate courts adjusting their jurisdictions in cases involving the possession of one ounce or less of marijuana.

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How will reclassification affect marijuana laws and policies?

While reclassifying marijuana won't fully legalize it, bills like those mentioned may get more traction. Adam Terry, CEO and Co-Founder of Cantrip, said it would also benefit businesses.

"It will allow existing marijuana companies to be taxed like any other business — essentially a huge investment in the overall sector by the government by way of tax relief," he said. "It doesn't affect Cantrip directly as a hemp company, but improves the overall economic health of the industry and continues to inch towards legitimization in the eyes of the public."

Last Prisoner Project Executive Director Sarah Gertson added that these kinds of decisions will help form a more equitable criminal justice system.

"Complete de-scheduling and full legalization of cannabis is a necessary step towards correcting past injustices and creating a fair and equitable criminal legal system," Gertson said. "We will continue to work tirelessly to ensure that individuals burdened with past cannabis convictions have their records expunged and that all cannabis prisoners are released, regardless of the federal scheduling decision."

This article originally appeared on Augusta Chronicle: Biden plans to reclassify marijuana: What that means for Georgia