Senate committee approves wider medical cannabis access, allows vaping and raises potency cap to 50%

The Georgia Senate Health and Human Services Committee on Thursday approved a substitute to SB 220 that makes multiple changes to the state's medical cannabis law, including renaming the program, increasing the maximum THC concentration to 50%, allowing vaporized products, and changing the list of qualifying conditions.

Sponsor Sen. Brass said the substitute reflects patient and clinician feedback collected during a commission listening tour. “The listening tour did a listening tour with patients and and doctors that were all within the program,” he said, and described three central changes: renaming the program from "low-THC oil" to a "medical cannabis" program; increasing the allowable concentration from the present 5% cap to 50%; and expanding permitted product types (for example, vape cartridges and gummies) while excluding raw plant flower and certain food products regulated by the U.S. Food and Drug Administration.

The substitute also increases a standard possession measure to two ounces (the sponsor said that accounts for patients traveling long distances and seeking a 30-day supply) and clarifies product definitions so that raw plant material and pre-rolled flower would remain prohibited. The committee substitute removes sections dealing with clinical research licensing and strikes a felony-level penalty in favor of lower-level misdemeanor penalties for some violations, according to committee staff explanation during the hearing.

The substitute updates qualifying conditions after requests from the Georgia Department of Public Health and the Georgia Composite Medical Board: it renames Crohn’s disease to inflammatory bowel disease and adds lupus. The bill removes the ‘‘severe and end-stage’’ phrasing used previously and replaces it with language that allows a physician to certify a condition “provided that the patient's symptoms associated with any such condition can reasonably be expected to be relieved by the use of medical cannabis, and the potential benefits of such use to the patient outweigh the potential health risk that such use might pose to the patient.” The sponsor said the change was intended to clarify physician judgment about appropriate use.

The committee also tightened language on certain conditions: autism remains limited to patients under age 18 if they have severe autism, and peripheral neuropathy is limited to symptoms diagnosed as severe. The committee narrowed skin cancer language to except all skin cancer except metastatic skin cancer, the sponsor said, citing concern that removing "severe" could unintentionally broaden coverage.

Opponents raised concerns about the potency increase and vaping. Michael Mumper of Georgians for Responsible Marijuana Policy called the move from 5% to 50% “10 times as strong,” and warned that high-potency vaping could increase psychosis and suicidal ideation among vulnerable users. "Increasing the potency cap from 5% even to the lowered 50%, 10 times as strong," Mumper said. He also warned that broader access and more permissive qualifying criteria could substantially increase program enrollment.

Clinical witnesses and patient advocates described practical reasons for the changes. Dr. Alan Hoard, a Georgia physician, told the committee that higher-concentration vape products could allow patients to take smaller doses and achieve faster onset of relief than edible or oil forms. "The most important thing is the dose itself and not the concentration in the sense that if it's a higher concentration, we're usually giving a smaller amount," he said. Patient advocates described travel burdens and treatment effects, with one patient, Yolanda Bennett, saying cannabis was the only treatment that eased steroid dependence and allowed her to reduce high-dose steroid use.

The substitute also allows third-party educational activity by associations while prohibiting direct brand advertising for specific licensees, the sponsor said, describing that as a compromise to allow professional and patient education without commercial marketing to the public.

After about 20 minutes of public testimony and discussion, Sen. Merritt moved to pass the substitute and Sen. Strickland seconded. The committee voted 8–3 to approve the measure.

The substitute now advances to the next legislative steps in the Senate.

Votes at a glance: SB 220 (committee substitute LC339799S) — Committee action: passed 8–3.