Georgia’s Changing Hemp Laws: A Step Too Far?

Why Georgia’s New Hemp Regulations Could Devastate Local Farmers, Small Businesses, and Patients in Need

By Yolanda Bennett, Director of Operations, Social Justice & Legislative Initiatives, Georgia Medical Cannabis Society Date: September 5, 2024

Georgia’s hemp industry has grown to be a vital part of the state’s agricultural and health landscape, providing economic opportunities for farmers, small businesses, and critical treatment options for patients. However, Senate Bill 494 (SB 494) threatens to unravel much of the progress made since the Georgia Hemp Farming Act (SB 213) of 2018. The newly passed legislation introduces severe restrictions that could lead to devastating consequences for farmers, retailers, and patients who rely on hemp products for therapeutic purposes. The rushed and flawed legislative process that pushed SB 494 through in the final hours of the Sine Die session in 2024 only underscores the need for a deeper examination of how laws are passed in Georgia.

Farmers: The Backbone of Georgia’s Hemp Industry at Risk

The Georgia Hemp Farming Act (SB 213), passed in 2018, allowed farmers to cultivate and process hemp legally. For many struggling agricultural communities, this was a lifeline, offering an opportunity to diversify crops and tap into a growing market. The hemp industry flourished, and farmers invested heavily in equipment, land, and labor to support this new crop. But with SB 494, all of that progress is now in jeopardy.

SB 494 introduces:

1. Potency Caps on Topicals and Drinks: Many of the therapeutic products farmers produce, such as hemp-infused drinks and topicals, will face strict potency limits on cannabinoids. These potency caps reduce the effectiveness of these products, which are often used for pain relief and anxiety. As a result, the demand for these items will plummet, severely affecting farmers' revenues.
2. A Ban on Hemp-Derived Edibles: Edibles have long been one of the most popular and effective methods for patients to consume cannabinoids. The ban will severely limit the products farmers can grow and sell, further cutting into their profits.
3. Unrealistic Compliance Deadlines: The bill gives farmers a 90-day grace period to comply with the new regulations, which is simply not enough time for most operations to adjust. Many farmers have already invested significant sums into their hemp operations, and with long-term contracts and leases in place, shutting down or shifting production in such a short time frame is financially unfeasible. The result will likely be a wave of farm closures.

Pros and Cons for Farmers:

• Pros:The state aims to improve safety by enforcing stricter guidelines on products, ensuring they are properly tested and labeled.
• Cons:Increased costs of compliance, stricter testing, and product restrictions will disproportionately harm small and medium-sized farms.Farmers have little time to adjust to these new regulations, putting their investments and livelihoods at risk.The ban on edibles and potency caps will limit the products farmers can sell, shrinking their market and reducing income.

Consumers: Losing Access to Vital Treatments

Georgia’s medical cannabis registry is notoriously restrictive, with only a limited number of qualifying conditions. This has left many patients unable to access the medical cannabis they need through legal channels. For these individuals, hemp-derived products—especially CBD—have become a vital part of their treatment regimen. Hemp-based?products have offered relief for conditions like chronic pain, anxiety, and inflammation when traditional cannabis products were unavailable.

Under SB 494, patients will face new hurdles:

1. Potency Caps on Topicals and Drinks: For patients relying on hemp-infused topicals for chronic pain or drinks to manage anxiety, these new potency caps will diminish the effectiveness of the products they rely on. This will force them to purchase and use more products, driving up their costs and limiting their access to affordable care.
2. Ban on Edibles: Many patients use edibles as a discreet, controlled way to consume cannabinoids, offering long-lasting relief without the need for smoking or vaping. The ban on hemp-derived edibles will strip patients of this critical option, pushing them toward less effective alternatives or forcing them to go without.
3. Increased Costs: As retailers and farmers struggle to meet new compliance standards, these increased operational costs will likely be passed on to consumers. Patients already dealing with high medical costs will face rising prices for hemp-based products, further reducing accessibility.

Pros and Cons for Consumers:

• Pros:Stricter testing standards ensure safer, more reliable products.Clearer labeling will help consumers better understand the products they’re using.
• Cons:Potency caps reduce the effectiveness of many therapeutic products, making them less useful for patients managing chronic conditions.The ban on edibles removes one of the most popular and effective ways for patients to consume cannabinoids.Rising costs due to new compliance measures will place an added burden on patients, making treatment less affordable and accessible.

Retailers: An Economic Disaster for Small Businesses

Retailers have played a crucial role in bringing hemp products to consumers, particularly in underserved areas where medical cannabis dispensaries are scarce. SB 494 threatens the very existence of these small businesses by removing key products from their shelves and increasing the costs of compliance.

1. Restricted Product Lines: With the ban on edibles and the potency caps on topicals and drinks, retailers will be left with fewer products to sell. Edibles, in particular, represent a significant portion of sales for many CBD shops. Their removal will drastically reduce foot traffic and revenue.
2. Increased Compliance Costs: The new testing and labeling requirements under SB 494 will increase the costs for retailers. Larger companies may be able to absorb these costs, but small, independent shops will struggle to keep up. This could lead to widespread closures, particularly in rural areas where small businesses have been the lifeblood of local economies.
3. Impact on the Local Economy: As small retailers shut down, the ripple effect will be felt throughout Georgia’s economy. Landlords who have rented space to these businesses will be left with vacant properties, particularly in rural areas where the hemp industry has been a major driver of growth. Real estate markets in these communities will suffer, as businesses close and economic activity grinds to a halt.

Pros and Cons for Retailers:

• Pros:Clearer standards and regulations may improve consumer trust in products.
• Cons:Reduced product offerings due to the ban on edibles and potency caps will severely limit sales.Increased compliance costs will be difficult for small businesses to manage, leading to potential closures.The economic impact will ripple through communities as retailers shut down, leaving vacant properties and reducing local employment opportunities.

Legal Gray Areas: Fourth Amendment and HIPAA Concerns

SB 494 raises significant legal concerns, particularly related to privacy and constitutional rights. The smell of cannabis is still used as probable cause for law enforcement to conduct searches, despite the fact that many patients and consumers are using legal hemp products. The odor of hemp is indistinguishable from that of cannabis, creating a situation where legal users could be subject to unwarranted searches, in violation of their Fourth Amendment rights.

Additionally, the bill ties medical cannabis cards to driver’s license numbers, raising serious concerns about HIPAA violations. There have been reports that the state is considering adding medical cannabis patient status to driver’s licenses, which would be a clear violation of patient privacy. HIPAA exists to protect sensitive medical information, and no other medical condition—whether it be diabetes or the need for injections—is listed on driver’s licenses. Why should medical cannabis patients be treated differently?

The idea of labeling individuals as medical cannabis patients on their driver’s license opens the door for potential discrimination and privacy violations, and it’s a step Georgia should not take.

Gun Rights: The Unspoken Fear for Many Patients

Adding to the complexity, many medical cannabis patients are concerned that their Second Amendment rights could be jeopardized by their medical cannabis status. Despite recent rulings, such as the Supreme Court decision in *United States v. Daniels (2023), which ruled that blanket bans on gun ownership for cannabis users are unconstitutional, the fear persists.

Many patients rely on firearms for personal protection, particularly in rural areas where they may be transporting valuable medications. The fear that a medical cannabis card could lead to the revocation or denial of a gun permit is a real and valid concern. Even though officials claim that medical cannabis cards and gun permits are not directly linked, the possibility of information-sharing between agencies remains a significant worry for many patients.

The Passage of SB 494: A Flawed Legislative Process

Perhaps the most troubling aspect of SB 494 is how it was passed. Initially an 18-page bill, SB 494 ballooned to a 32-page bill through substitution in the final hours of the 2024 legislative session. This last-minute expansion gave legislators no real opportunity to review the additional pages before voting. Unfortunately, this has become a pattern with cannabis and hemp-related bills in Georgia—always presented at the last minute when lawmakers are tired, irritable, and ready to wrap up the session.

This rushed process is not just an issue for SB 494—it’s a problem with the way Georgia’s legislative system works. Hemp and cannabis bills, like all legislation, deserve thorough review and thoughtful debate. But instead, these bills are often pushed through in the final hours of Sine Die, leaving legislators little time to fully understand the implications.

We must consider revamping the legislative process in Georgia. Rather than rushing through bills in the final moments of the session, we need year-round legislative work that allows more time for public input, careful review, and deliberation. Only then can we ensure that the laws passed under the Gold Dome are truly in the best interest of Georgia’s citizens. The current system, where critical legislation is pushed through at the last minute, fails to serve the people it is meant to protect. We need to make sure that every bill—whether it concerns hemp, cannabis, or any other measure—is carefully articulated, fully understood, and debated thoroughly by our legislators before it ever reaches the floor for a vote.?

A Call for Accountability and Legislative Reform

The passage of SB 494 highlights the need for greater accountability in our legislative process. Our elected officials are public servants, chosen by their constituents to represent their interests. Yet, when legislation is passed in the final hours without proper review, it becomes clear that the interests of the people are being overshadowed by the desire to simply end the session.

This rushed and careless approach to lawmaking is unacceptable. Legislators must be reminded that they were elected to serve the people, not the special interests who fund their campaigns. Too often, lawmakers are more focused on appeasing high-dollar donors than on addressing the real needs of their constituents. Many of these donors don’t even reside in the districts the legislators represent, yet they hold more sway over the legislative process than the very people who vote them into office.

We need to refocus on the constituents, the ones who elected these officials and whose lives are directly affected by the laws being passed. It’s time for lawmakers to return to their role as public servants, to prioritize the needs and concerns of the people over the crinkling of cash from wealthy donors.

Furthermore, it may be time to seriously consider term limits for our state representatives and senators. By introducing term limits, we can ensure that new perspectives are brought into the legislative process, preventing entrenched politicians from becoming too comfortable in their positions. Fresh voices, closer to the concerns of the people, are more likely to engage meaningfully with constituents and advocate for their needs. Term limits would help break the cycle of professional politicians who spend decades in office, often disconnected from the realities faced by everyday Georgians.

A Path Forward: Revamping the Legislative Process

The passage of SB 494, and the way it was handled, should serve as a wake-up call to all Georgians. We must demand a legislative process that values transparency, thoughtful debate, and public input. Rushed legislation benefits no one, and when bills are passed without full understanding or articulation, it’s the people of Georgia who suffer.

By extending the legislative session throughout the year, rather than cramming all the work into the first few weeks, we could ensure that every bill receives the attention it deserves. Year-round legislative work would allow for more public engagement and input into the process, ensuring that laws are passed in a way that reflects the true needs and concerns of the people.

We also need to hold our legislators accountable for the decisions they make. The passage of SB 494, with its expanded pages at the final hour, is a prime example of how the process is being abused. It’s time for our elected officials to take their role seriously, to carefully consider every piece of legislation they vote on, and to ensure that the voices of their constituents are heard.

Conclusion: Georgia Deserves Better

SB 494 is not just an overreach in its regulation of the hemp industry—it’s a glaring symptom of a larger issue within Georgia’s legislative process. Farmers, consumers, small business owners, and patients deserve thoughtful, well-considered legislation that balances safety with economic growth and access to essential care. Instead, they have been handed a rushed, poorly considered bill that threatens their livelihoods, their businesses, and their well-being.

At the Georgia Medical Cannabis Society, we are calling for a stay on SB 494 and a comprehensive review of both the bill and the legislative process that allowed it to pass with minimal scrutiny. It is imperative that Georgia’s lawmakers evaluate how legislation is crafted and ensure that each bill is carefully reviewed and fully understood before it ever reaches the floor for a vote.

Our legislators must rise to the challenge and become the true public servants they were elected to be. They must prioritize the needs of their constituents over the interests of wealthy donors, and they must take the time to fully engage with and understand the laws they are passing. Only through such a commitment to fairness, transparency, and accountability can we ensure that Georgia’s future is one built on the well-being of all its citizens.

It’s time for Georgia to demand better. We deserve legislators who put the people first, who carefully consider each bill, and who are committed to ensuring that the laws they pass are in the best interests of everyone, not just a select few. Together, we can push for the change that Georgia so desperately needs.

Public Comment Period: Make Your Voice Heard

Now is the time to act! The Georgia Department of Agriculture is accepting public comments on the proposed amendments to the hemp regulations, which reflect the changes made by SB 494. If you believe in protecting farmers, consumers, and patients, we urge you to submit your public comment by September 6th, 2024, by 4:30 PM EST.

Your voice matters! Make sure you’re heard by submitting your comments in writing. Here's how:

Email: Send your comments to [email protected]. Be sure to include your name and any specific concerns or suggestions you have regarding SB 494 and the proposed changes.

Mail: You can also send your comments by mail to: Bruce Stanford Georgia Department of Agriculture 19 M.L.K Jr. Drive SW Atlanta, Georgia 30334

Public Hearing Details:

The Department will consider public comments and discuss the adoption of the amended rules during a public hearing on September 9th, 2024, at 1:00 PM EST. The hearing will take place at:

Location: Room 201, Georgia Department of Agriculture, 19 M.L.K Jr. Drive SW, Atlanta, Georgia 30334

This is your opportunity to advocate for fair regulations and ensure that Georgia’s hemp industry continues to thrive while protecting the interests of all those involved.

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.

Click Here to donate

Join the Pressure Squad: Advocacy in Action

Our efforts to reshape Georgia’s cannabis laws are driven by a passionate community of advocates known as the Pressure Squad. This team of dedicated individuals is at the heart of our movement, learning how to navigate the legislative process and make a real difference.

One way we’re equipping our community with the tools to advocate effectively is through our Pressure Play Workshop Series. These workshops are designed to teach you everything you need to know about Georgia’s legislative system, from understanding bills to testifying in hearings. You’ll gain the confidence to take action and influence meaningful change.

?? Mark Your Calendars! The Pressure Play Series Continues ?? Join us for the Civic Savvy Pressure Play Workshop on September 12th at The Bookstore Gallery! ???? Unlock the complexities of Georgia’s legislative process and gain the skills to confidently navigate and influence change. This is your chance to be part of a movement that’s reshaping cannabis laws and advocating for patient rights in our state! ????

??? Upcoming Events in the Series:

• August 22nd – Online Meeting
• September 12th – Civic Savvy Pressure Play
• September 26th – Online Meeting
• October 10th – Legislative Pressure Play: The Triple Threat Tactics
• October 24th – Online Meeting
• November 7th – Testimony Triumph Pressure Play
• November 21st – Online Meeting
• December 12th – Strategy Savvy Pressure Play: Mapping the Movement

?? Location: The Bookstore Gallery ? Time: 6:30 PM – 8:30 PM EST

?? RSVP Today and join the movement

These workshops are designed to empower you with the knowledge and skills you need to be a civic leader and a voice for change in Georgia. Don’t miss your chance to learn, engage, and take action. Together, we can push for legislative reform that protects patients, supports local businesses, and strengthens Georgia’s cannabis industry.

#CannabisReform #PatientRights #GMCS #PressureSquad #Advocacy #CivicEngagement #LegislativeAction

Get Activated with the GMCS Action Team!

Stay Connected

Follow us on social media to stay updated on all upcoming workshops and advocacy initiatives:

• Facebook: ?Link
• Instagram: Link
• Twitter: Link
• Youtube Link

About the Author:

This powerful article was written by Yolanda Bennett, Director of Operations, Social Justice & Legislative Initiatives for the Georgia Medical Cannabis Society (GMCS). Yolanda, also known as "The Herbal Trucker," is a passionate advocate for cannabis reform. Her activism is deeply personal—motivated by her own experiences as a medical cannabis patient and her journey navigating the complexities of Georgia's cannabis laws. Yolanda works tirelessly to educate and empower communities about the benefits of cannabis, and to fight for the rights of patients, farmers, and small businesses across the state. ????

#CannabisReform #HempLaws #SB494 #PatientRights #GMCS #PublicHearing #Advocacy #SaveOurFarms #CivicEngagement #SpeakUpGeorgia #PatientsOverProfits