Georgia Considers Criminal Penalties for Hemp Possession

At a time when law enforcement across the country is grappling with distinguishing hemp from tetrahydrocannabinol (THC)-rich cannabis, a new bill in Georgia has proposed eliminating that problem by treating them nearly the same.

The bill, H.B. 847, would allow police in the state to arrest people for possession of small amounts of either type of cannabis. It passed the state’s House Agriculture Committee Feb. 18 and now heads to the full House for a vote, reports the Atlanta Journal-Constitution.

If passed, the bill would criminalize transporting hemp without paperwork showing it was produced under a farming or processing license—a regulation not explicitly spelled out in the U.S. Department of Agriculture’s (USDA’s) interim final rule. Violators of that rule would face up to a year in jail or a $1,000 fine for possession of less than an ounce of hemp, which is the same penalty one would face in a misdemeanor marijuana charge in the state, AJC reports.

Georgia approved hemp farming last year, and its plan is currently under review by the USDA.

AJC reports at least 12 cities and counties in Georgia have passed laws reducing penalties for possession of an ounce or less of marijuana. The decriminalization may have backfired for hemp producers, though, as police around the state have since stepped forward with enforcement concerns. Hemp is nearly indistinguishable from marijuana, though several field testing kits have come online since hemp's legalization to help make that distinction.

Opponents of the bill criticize police and the state for adding criminal penalties to possessing hemp—which is legal at the federal level—instead of investing into those field tests, AJC reports.  

The bill also ties in legislation that would bring Georgia into compliance with federal regulations, making it essential to pass for hemp farming to begin in the state this year.

The bill could be amended if it passes the House and makes it to the Senate, AJC reports. According to AJC’s legislative navigator tool, the bill has a 75% chance of passing.