Georgia SR 165: Marijuana; General Assembly to provide by law for the legalization and regulation; authorize -CA

Bill Text

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S. R. 165
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Senate Resolution 165
By: Senators Rahman of the 5th, Jackson of the 41st, Butler of the 55th, Jones II of the 22nd,
Orrock of the 36th and others
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the1
General Assembly to provide by law for the legalization and regulation of marijuana; to2
permit persons 21 years of age or older to purchase marijuana for personal use; to provide3
that fees and tax proceeds from the sale of such marijuana be dedicated equally between4
education and transportation infrastructure purposes; to provide for tax exemption of5
marijuana used for medical purposes; to provide that such funds shall not lapse; to provide6
a procedure to vacate previous misdemeanor marijuana convictions; to provide for7
submission of this amendment for ratification or rejection; and for other purposes.8
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article III, Section VI of the Constitution is amended by adding a new Paragraph to read as11
follows:12
"Paragraph VIII. Regulation of marijuana. (a) The General Assembly shall provide by13
law for the legalization and regulation of the production, sale, and personal use by14
individuals 21 years of age or older of marijuana and for any matters relating to the15
purposes or provisions of this subparagraph.16

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(b) Proceeds derived from fees and taxation of the production and sale of marijuana shall17
be used to pay for the operating expenses of the state's regulation and administration of18
such production and sale of marijuana. Net proceeds after payment of such operating19
expenses shall be separately accounted for and shall be specifically identified by the20
Governor in the annual budget presented to the General Assembly as a separate budget21
category entitled 'Marijuana Proceeds,' and the Governor shall make specific22
recommendations as to the educational programs and purposes and capital outlay projects23
for transportation infrastructure purposes to which such net proceeds shall be equally24
appropriated. In the General Appropriations Act adopted by the General Assembly, the25
General Assembly shall appropriate all net proceeds of the marijuana fees and taxes by26
such separate budget category to support improvements and enhancements for educational27
programs and purposes and capital outlay projects for transportation infrastructure28
purposes. Such net proceeds shall be used equally to support improvements and29
enhancements for educational programs and purposes and to support improvements for30
capital outlay projects for transportation infrastructure purposes; and such net proceeds31
shall be used to supplement, not supplant, nonmarijuana resources for educational32
programs and purposes and for capital outlay projects for transportation infrastructure33
purposes. Marijuana used in the production of medical marijuana and any product which34
is sold utilizing such marijuana that qualifies for medical use shall be exempt from taxation35
by this state or by any county, municipality, authority, or political subdivision of this state.36
Such appropriated amount shall not lapse as required by Article III, Section IX,37
Paragraph IV(c).38
(c) The General Assembly shall establish procedures so that any person who has been39
convicted of possession, manufacturing, delivering, distributing, dispensing, administering,40
purchasing, selling, or possessing with intent to distribute marijuana which would not have41
been a crime if committed on or after December 31, 2022, may file with the court in which42
he or she was convicted an application to have such conviction vacated."43

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SECTION 2.44
The above proposed amendment to the Constitution shall be published and submitted as45
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the46
above proposed amendment shall have written or printed thereon the following:47
"( ) YES48
49
( ) NO 50
51
52
53
54
55
Shall the Constitution of Georgia be amended so as to authorize the General
Assembly to provide by general law for the legalization and regulation of the
production, sale, and personal use by individuals 21 years of age or older of
marijuana, provide for taxes from such production and sale for educational
programs and purposes and capital outlay projects for transportation
infrastructure purposes within this state, to exempt from taxation marijuana
used for medical purposes, and to provide a procedure to vacate previous
misdemeanor marijuana convictions?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."56
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If57
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall58
become a part of the Constitution of this state.59