STATE
OF GEORGIA
This is the medical marijuana bill that passed almost unanimously
in the Georgia State Legislature in 1981. Many of the bills
subsequently introduced in other states were based on this
bill. A bill introduced in Congress by then Georgia House
Representative Newt Gingrich in 1981 was based primarily on
the language of this bill. (He has since recanted his support
for medical marijuana) |
The MMNA (1981) is still in effect but no longer implemented
due to the Federal Government's resistance to supplying the
herb to needy patients. CAMP is presently attempting to introduce
legislation to modify the 1981 Bill and include a list of
other ailments that benefit from this treatment and to reaffirm
the people's support for the original intent of the law.
Medicinal Marijuana
Necessities Act of 1981
43-34-121 G
*** CODE SECTION ***
43-34-121.
(a) The General Assembly finds and declares that the
potential
medicinal value of marijuana has received insufficient
study due to
a lack of financial incentives for the undertaking
of appropriate
research by private drug manufacturing concerns. Individual
physicians cannot feasibly utilize marijuana in clinical
trials
because of federal governmental controls which involve
expensive,
time-consuming approval and monitoring procedures.
(b) The General Assembly further finds and declares
that limited
studies throughout the nation indicate that marijuana
and certain of
it's derivatives possess valuable and, in some cases,
unique
therapeutic properties, including the ability to relieve
nausea and
vomiting which routinely accompany chemotherapy and
irradiation used
to treat cancer patients. Marijuana also may be effective
in
reducing intraocular pressure in glaucoma patients
who do not
respond well to conventional medications.
(c) The General Assembly further finds and declares
that, in
enabling individual physicians and their patients to
participate in
a state-sponsored program for the investigational use
of marijuana
and its derivatives, qualified physicians and surgeons
throughout
the state will be able to study the benefits of the
drug in a
controlled clinical setting, and additional knowledge
will be gained
with respect to dosage and effects.
(d) It is the intent of the General Assembly in enacting
this
article to permit research into the therapeutic applications
of
marijuana and its derivatives in cancer and glaucoma
patients. This
would allow qualified physicians approved by the Patient
Qualification Review Board created by Code Section
43-34-124 to
provide the drug on a compassionate basis to seriously
ill persons
suffering from the severe side effects of chemotherapy
or radiation
treatment and to persons suffering from glaucoma who
are not
responding to conventional treatment, which persons
would otherwise
have no lawful access to it. It is the further intent
of the General
Assembly to facilitate clinical trials of marijuana
and its
derivatives, particularly with respect to persons suffering
from
cancer and glaucoma who would be benefited by use
of the drug.
(e) This article is limited to clinical trials and
research into
therapeutic applications of marijuana only for use
in treating
glaucoma and in treating the side effects of chemotherapeutic
agents
and radiation and should not be construed as either
encouraging or
sanctioning the social use of marijuana. Nothing in
this article
shall be construed to encourage the use of marijuana
in lieu of or
in conjunction with other accepted medical treatment,
but only as an
adjunct to such accepted medical treatment.
43-34-122 G
*** CODE SECTION *** 10/15/99
43-34-122.
As used in this article, the term:
(1) "Composite board" means the Composite
State Board of Medical
Examiners established pursuant to Article
2 of this chapter.
(2) "Marijuana" means marijuana or tetrahydrocannabinol,
as
defined or listed in Article 2 of Chapter
13 of Title 16.
(3) "Physician" means a person licensed
to practice medicine
pursuant to Article 2 of this chapter.
(4) "Program" means the Controlled Substances
Therapeutic Research
Program established pursuant to Code Section
43-34-123.
(5) "Review board" means the Patient Qualification
Review Board
established pursuant to Code Section 43-34-124.
43-34-123 G
*** CODE SECTION ***
43-34-123.
(a) There is established under the Composite State
Board of Medical
Examiners the Controlled Substances Therapeutic Research
Program,
which shall be administered by the composite board.
Under the
program, the composite board shall act as a sponsor
of state-wide
investigational studies, utilizing as drug investigators
individual
physicians who elect to participate in accordance with
the
guidelines and protocols developed by the composite
board. Such
guidelines and protocols shall be designed to ensure
that stringent
security and record-keeping requirements for research
drugs are met
and that participants in the program meet those research
standards
necessary to establish empirical bases for the evaluation
of
marijuana as a medically recognized therapeutic substance.
The
composite board shall promulgate such rules and regulations
as it
deems necessary or advisable to administer the program.
In
promulgating such guidelines, protocols, rules, and
regulations, the
composite board shall take into consideration those
pertinent rules
and regulations promulgated by the Federal Drug Enforcement
Agency,
the Food and Drug Administration, and the National
Institute on Drug
Abuse.
(b) The program shall be limited to patients who are
certified to
the composite board by a physician as being:
(1) Cancer patients involved in a life-threatening
situation in
which treatment by chemotherapy or radiology
has produced severe
side effects; or
(2) Glaucoma patients who are not responding
to conventional
controlled substances.
(c) No patient may be admitted to the program without
full
disclosure by the physician of the experimental nature
of the
program and of the possible risks and side effects
of the proposed
treatment.
(d) The cost of any blood test required by the federal
Food and Drug
Administration prior to entrance into the program shall
be paid by
the patient seeking entrance into the program.
(e) Only the following persons shall have access to
the names and
other identifying characteristics of patients in the
program for
whom marijuana has been prescribed under this article:
(1) The composite board;
(2) The review board created by Code Section
43-34-124;
(3) The Attorney General or his designee;
(4) Any person directly connected with
the program who has a
legitimate need for the information; and
(5) Any federal agency having responsibility
for the program.
43-34-124 G
*** CODE SECTION *** 10/15/99
43-34-124.
(a) The composite board shall appoint the Patient Qualification
Review Board. Each member of the review board shall
be approved for
such membership by a majority vote of the composite
board and shall
serve at the pleasure of the composite board. The review
board shall
be composed of:
(1) A board certified physician in ophthalmology;
(2) A board certified physician in surgery;
(3) A board certified physician in internal
medicine and medical
oncology;
(4) A board certified physician in psychiatry;
(5) A board certified physician in radiology;
and
(6) A pharmacist licensed under Title 26,
relating to pharmacists,
pharmacy, and drugs.
(b) The review board shall elect from its members a
chairman and a
vice-chairman. The review board shall hold regular
meetings at least
once every 60 days and shall meet at such additional
times as shall
be called by the chairman of the review board or the
president of
the composite board. Each member of the review board
shall receive
for services for each day's attendance upon meetings
of such board
the same amount authorized by law for members of the
General
Assembly for attendance upon meetings of the General
Assembly.
(c) The composite board shall adopt such rules and
regulations as it
deems necessary for the performance of the duties of
the review
board.
(d) The review board shall review all patient applicants
for the
program and their physicians and shall certify those
qualified for
participation in the program. The review board shall
additionally
certify pharmacies which are licensed by the state
and which are
otherwise qualified and certify physicians regarding
the
distribution of marijuana pursuant to Code Section
43-34-125.
Meetings of the review board to certify patients, physicians,
or
pharmacies shall not be open to the public, as otherwise
required by
Chapter 14 of Title 50.
43-34-125 G
*** CODE SECTION *** 10/15/99
43-34-125.
(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.
43-34-126 G
*** CODE SECTION *** 10/15/99
43-34-126.
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.
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