Bill to Allow Georgians to Vote on Marijuana Decriminalization

SECTION 1 — Legislative Findings and Intent

This Act shall be known as the Georgia Marijuana Decriminalization and Cultural Memory Act. It is written by the people and for the people of Georgia.

Intent and Moral Foundation

The State of Georgia formally acknowledges the historical, cultural, and medicinal use of marijuana among Indigenous, African American, rural, and grassroots communities.

This Act seeks to:

• Restore public agency over marijuana legislation

• Repair the intergenerational harm caused by exclusion, monopoly, criminalization, and cultural erasure rooted in prior enforcement practices

• Affirm marijuana’s role as a plant of heritage, healing, and resistance

The people—not corporate stakeholders, pharmaceutical lobbyists, or state-appointed officials—declare our sovereign right to:

• Steward this plant in alignment with community values

• Protect its cultural legacy against dilution or clinical rebranding

• Shape marijuana law through direct democratic participation

Decisions surrounding marijuana policy shall be determined by statewide public vote, not behind closed doors or through unaccountable gatekeeping bodies.

SECTION 3 — Ballot Placement and Language

The Secretary of State shall place the following question on the 2026 General Election ballot:

“Do you support the statewide decriminalization of marijuana and the cultural recognition of its historical and community legacy?”

Voters shall respond with a Yes or No vote.

Ballot Summary Oversight

The ballot summary shall be:

• Culturally and historically accurate

• Written in nonpartisan, plain language

• Reflective of social, legal, and community implications

It shall be reviewed and approved by an independent advisory panel composed of:

• Community-rooted cultural historians

• Public health experts unaffiliated with law enforcement or corporate industry

• Legal analysts with documented neutrality or demonstrated alignment with community advocacy

No individual, group, or organization affiliated with marijuana enforcement, monopoly lobbying, or corporate-funded initiatives shall participate in the drafting or approval process. This explicitly excludes members of the Blue Ribbon Committee and similarly structured entities.

Jurisdictional Safeguards

The Georgia Cannabis Commission shall hold no authority over ballot placement, cultural framing, statutory interpretation, or rulemaking related to this Act.

No provisions of this Act shall be subject to review, licensing, or enforcement by any state-appointed marijuana entity created under prior clinical or medical frameworks.

All regulatory authority shall be developed collaboratively with the Community Legacy Board and ratified by direct legislative action and public vote.

Future Protection Clause

This Act shall not be merged with, overridden by, or subjected to future regulatory alignment with corporate medical marijuana infrastructure—including frameworks led by pharmaceutical partnerships, investment-backed dispensaries, or clinical reclassification schemes—without both:

• A statewide public vote

• A formal cultural impact review led by independent community advisors

SECTION 4 — Threshold and Implementation

If approved by a simple majority of the electorate, the provisions of this Act shall take effect within six months of certification by the Secretary of State.

Decriminalization Timeline and Review

• Statutes eliminating criminal penalties for possession, cultivation, and non-commercial use of marijuana (up to two ounces) shall be enacted statewide.

• Individuals with existing felony convictions related solely to marijuana possession under two ounces shall be eligible for case review and reclassification.

• Courts shall provide access to expungement proceedings for eligible individuals, where no violent or compounding charges exist.

Anti-Monopoly Safeguards

No language within this Act shall be interpreted to:

• Establish corporate licensing exclusivity

• Authorize monopolistic supply chains

• Confer advantage to commercial entities or investment-backed dispensaries

All regulatory frameworks and implementation mechanisms shall prioritize community equity, non-commercial access, and democratic oversight.

SECTION 5 — Cultural Preservation Clause

A publicly accessible archive shall be established, funded, and maintained to document the historical narratives, lived experiences, and community truths surrounding marijuana enforcement, resistance, and reform in Georgia.

This archive shall include:

• Testimonies from individuals and families impacted by prohibition

• Historical records, photographs, and oral histories curated by local communities

• Analyses of enforcement patterns and racial or geographic disparities

• Community-authored reflections, publications, and educational resources

Impacted communities shall retain the exclusive right to name, curate, interpret, and protect their contributions. Oversight and editorial control shall remain with grassroots networks, historians, and trusted community leaders unaffiliated with past enforcement bodies or corporate interests.

No portion of the archive may be licensed, quoted, or repurposed by commercial or governmental entities without clear community consent and transparent public documentation.

The archive shall serve as a permanent cultural resource for education, policy review, and historical preservation—and shall remain insulated from future privatization or political reinterpretation.

SECTION 6 — Protections, Oversight, and Fiscal Realignment

Law Enforcement Dialogue and Ethical Review

The Georgia Sheriff’s Association and affiliated law enforcement bodies shall be invited to participate in public dialogue regarding the ballot measure and its implementation. Their input shall remain advisory only, and may not obstruct:

• Ballot placement

• Legislative enactment

• Enforcement transition timelines

Any attempt by law enforcement, state officials, or affiliated parties to mislabel, delay, or suppress the ballot measure shall be reported to the Office of Legislative Ethics and entered into the public record.

Fiscal Rebalancing: From Enforcement to Restoration

To acknowledge and offset the historic fiscal reliance on marijuana criminalization, a restricted fund may be created from future marijuana-related sales tax revenue—once legally authorized and markets activated. This fund shall:

• Be designated for non-carceral purposes, including restorative justice training, harm reduction education, and community healing initiatives

• Be prohibited from supporting militarization, expanded surveillance, or increased arrest quotas

Distribution of this fund shall prioritize public trust, community repair, and fiscal transparency, aligning with the long-term goal of moving from punitive enforcement to restorative accountability.

Agricultural Oversight Limitations

The Georgia Department of Agriculture shall hold no enforcement, licensing, or punitive authority over marijuana cultivation, distribution, or personal use under this Act. Any oversight role shall remain advisory only, conducted in coordination with the Community Legacy Board.

Acts of surveillance, interference, or punitive enforcement carried out by the Department shall be:

• Subject to public review and ethics complaint

• Open to legal challenge if misaligned with the protections of this Act

Annual documentation of marijuana-related enforcement actions shall include:

• Personal testimony from affected individuals

• Cultural history and community impact records

• Independent review for compliance with this statute

Firewall Against Corporate Override

No future legislation, agency directive, licensing board, or economic development initiative shall amend, reclassify, or realign this Act with corporate medical marijuana infrastructure, including but not limited to:

• Pharmaceutical partnerships

• Investor-backed dispensary frameworks

• Clinical rebranding schemes

Any proposed regulatory alignment or reinterpretation must:

• Be placed before the Georgia electorate during a general election

• Undergo a formal cultural impact review led by independent community advisors, including testimony from impacted populations

• Be fully documented and publicly accessible for ethical and historical accountability

Until these conditions are met, this Act shall remain independent, community-governed, and protected from corporate influence.

Clarke’s bill opened the door—it let voters decide—but it didn’t safeguard the ancestral stewards or the economic autonomy of the movement. It’s a minimalist offering compared to your full ritual of restoration.

• • • • Decriminalization — Movement-Rooted Definition

        Decriminalization refers to the legal removal of criminal penalties for the possession of specified amounts of marijuana for personal use, replacing punishment with restorative or regulatory responses.

        This does not mean legalization or commercialization—it means freedom from arrest, record, and punishment for personal relationship with the plant.

        In Section 4 – Compounding Charges: Charges that amplify criminal liability due to situational, non-violent factors such as proximity to a school zone, concurrent misdemeanor, or prior unresolved civil infractions.

        Eligible cases may include full expungement of records where no violent or compounding charges exist. Compounding Charges: Charges that amplify criminal liability through situational enhancements or layered infractions, including but not limited to:

        • Proximity-based enhancements (e.g., possession near a school zone or government building)

        • Concurrent minor offenses (e.g., unregistered vehicle, public nuisance)

        • Prior unresolved infractions (civil or administrative) that complicate review

         

        This definition protects community members from being unfairly excluded due to bureaucratic stacking or geographic bias. It also leaves room for interpretation and appeal, which you might outline in a later section if you’re planning community navigators or review boards.

Legislative Outreach Letter

Subject: A Vote for Georgia’s Future: Restoring Dignity, Reducing Waste, and Honoring Cultural Truth

Dear Representative [Last Name],

I write to you not as a partisan, but as a Georgian—one who believes in the power of truth, fiscal responsibility, and cultural restoration. The Georgia Marijuana Decriminalization and Cultural Memory Act, now supported by every House Democrat, stands at the threshold of history. With your vote, it can cross that threshold.

This legislation is not just about marijuana. It’s about:

• Saving taxpayer dollars by reducing costly arrests, prosecutions, and incarcerations for low-level possession

• Empowering local economies, especially rural and veteran growers, through community-based cultivation and entrepreneurship

• Restoring dignity to families harmed by decades of disproportionate enforcement

• Preserving cultural memory, protecting the language, rituals, and ancestral knowledge that have long been erased or co-opted

What This Vote Returns to Our Communities:

• Homes not raids: An end to militarized policing and family displacement

• Education not incarceration: Redirected funds to schools, apprenticeships, and youth programs

• Jobs not judgment: Pathways for formerly incarcerated individuals to re-enter the workforce

• Ritual not shame: Legal space for cultural practices, ancestral healing, and spiritual use

• Memory not erasure: Protection of grassroots history, language, and movement legacy

• Healing not harm: Community-led health initiatives rooted in plant wisdom and truth

We need 11 courageous Republican votes to reach the 91 required to place this on the ballot. Your support would not only reflect fiscal wisdom—it would signal a commitment to justice, healing, and bipartisan leadership.

This is your moment to stand with Georgia’s people—not corporations, not lobbyists, but communities who have carried this truth for generations. We invite you to vote yes, and help us restore what was taken.

With respect and resolve,

Theresa Yarbrough

Director – Georgia Cannabis Industry Alliance 

Email: director@gacannabisindustryalliance.com

Cell: 470-370-2366