Georgia GreenScapes Legislative Series: Senate Bill 79 – Incarceration or Rehabilitation? The Fight for Fair Cannabis Policy in Georgia
Georgia Medical Cannabis Society
Georgia Medical Cannabis Society (Inc.)
By Yolanda Bennett, Co-Founder & Director of Operations, Social Justice & Advocacy – Georgia Medical Cannabis Society (GMCS)
The Hidden Consequences of Senate Bill 79: Georgia Needs Real Reform, Not More Incarceration
The Georgia General Assembly is moving forward with Senate Bill 79 (S.B. 79), better known as the "Fentanyl Eradication and Removal Act." Lawmakers claim this bill is aimed at tackling the fentanyl crisis, but in reality, it reinforces mass incarceration, strengthens mandatory minimums, and expands criminal penalties for cannabis-related offenses—without addressing addiction as a public health issue.
Instead of focusing on treatment, prevention, and harm reduction, S.B. 79 doubles down on outdated policies that disproportionately impact vulnerable communities.
At a time when Georgia’s prisons are overcrowded and under federal scrutiny for inhumane conditions (U.S. Department of Justice, 2024), adding more nonviolent drug offenders to an already failing system is not the answer.
Why S.B. 79 is the Wrong Approach
1. Mandatory Minimums Do More Harm Than Good
S.B. 79 relies on mandatory minimum sentencing, which removes judicial discretion and forces long prison sentences regardless of circumstances.
?? This bill needs to be amended to prioritize rehabilitation before incarceration, rather than sending people into an already broken prison system.
2. Cannabis is NOT Fentanyl—Remove It from This Bill
One of the most alarming aspects of S.B. 79 is that marijuana is included in the list of substances subject to harsher trafficking penalties, despite the fact that cannabis has never caused a fatal overdose.
The 1972 Schaefer Report, commissioned by the federal government, even concluded that marijuana should never have been classified as a Schedule I drug (National Commission on Marihuana and Drug Abuse, 1972). Yet, here we are, still fighting the same outdated policies.
All references to marijuana and cannabis must be removed from S.B. 79.
3. Legal THCA Consumers Could Be Wrongfully Targeted
S.B. 79 doesn’t mention hemp directly, but it could have serious consequences for consumers who legally purchase THCA, a cannabinoid that is federally legal under the 2018 Farm Bill (U.S. Department of Agriculture, 2018).
S.B. 79 must be revised to ensure Georgia’s hemp laws do not criminalize consumers following federal regulations.
The Cost of Locking Up More People
Georgia already spends billions on incarceration instead of investing in solutions that actually work.
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Instead of funding prisons, we should be funding treatment programs and reentry services.
What Needs to Change in S.B. 79
? Remove marijuana from this bill. Cannabis is not fentanyl and should not be treated as such.
? Eliminate mandatory minimums. Judges should have discretion to assess cases individually.
? Mandate treatment before incarceration. Nonviolent drug offenders should be given access to rehabilitation first.
? Protect legal THCA consumers. Georgia’s laws must align with federal hemp regulations.
Georgia should focus on public health solutions instead of doubling down on the failed War on Drugs.
Take Action: Contact Your Legislators
?? This bill may move fast, and lawmakers need to hear from YOU.
?? Find your legislator here: Georgia My Voters Page
?? Contact the bill’s sponsors directly:
?? Tell them:
Join Us – Pressure Squad Meeting on February 10th
?? We are hosting a virtual Pressure Squad Meeting on Monday, February 10th at 7:10 PM.
? Registration is required. This is your chance to stand up for criminal justice reform and cannabis policy in Georgia.
?? It’s time to take action. Let’s get to work.
Support the Fight for Fair Cannabis and Hemp Laws
The Georgia Medical Cannabis Society (GMCS) has been on the frontlines advocating for responsible cannabis and hemp legislation that protects farmers, consumers, and patients. Our mission is clear: to ensure that Georgia’s cannabis laws are fair, transparent, and work for the people, not against them. But we can’t do this alone.
Your support is crucial in helping us continue our efforts to fight harmful legislation like SB 494 and to ensure that Georgia’s cannabis industry thrives while protecting patients' rights and privacy. By donating to the Georgia Medical Cannabis Society, you’re directly supporting grassroots efforts, advocacy, and education aimed at shaping a future where cannabis laws are built with compassion and fairness.
Donate today to help fund our advocacy work and join us in making a lasting impact. Every dollar goes toward legislative outreach, patient education, community workshops, and legal defense to protect the rights of our citizens. Together, we can push for change and protect Georgia’s hemp and cannabis communities.