HB 1 dies; fight for Ava continues

It was a disappointment. A letdown. At first, it felt like a betrayal. On the eve of the current legislative session Georgia Governor Nathan Deal and State Representative Allen Peake (R-Macon) announced Peake’s signature bill HB 1, which would have legalized medical cannabis oil in Georgia, was effectively dead.

That was then. This is now.

After a week of contemplating the governor’s stand – he will offer immunity from prosecution to those who bring cannabis oil from other state’s into Georgia but will not support growing it and processing it here – Sarabeth Fowler of Clarkesville says she feels a little differently now. “We’ll just continue to educate and seek support for the bill next year.”

Ava Fowler lobbied for support of HB 1 at the State Capitol on Dec. 3, 2014. Her mother remains hopeful a complete bill will pass next year.
Ava Fowler lobbied for support of HB 1 at the State Capitol on Dec. 3, 2014. Her mother remains hopeful a complete bill will pass next year.

Fowler and her 8-year old daughter Ava have spent much of the past year on the front lines of the fight to legalize cannabis oil in Georgia. Ava suffers from seizures and, after having exhausted most of her medical options, the oil now represents her best hope.  Fighting for Ava

While Gov. Deal is not yet willing to fully commit on the issue, a majority of Georgians say they support it. A recent poll by the Atlanta Journal Constitution shows 84% of registered voters in Georgia support the legalization of cannabis oil.

So what does this all mean for the Fowlers? “For me and Ava it will mean that we will have to seek the oil out of state,” Fowler says. That’s a tough call for someone like Fowler who’s a self-avowed ‘rule follower.’ Federal law prohibits the interstate transport of marijuana-based medicines such as cannabis oil, so, although patients may be allowed to use it in Georgia, they still have to find a way to get it here. “There is a company out of Colorado that is looking at shipping the oil soon to state’s that have immunity,” Fowler says, “So, since Deal is saying he’s going to sign an immunity only bill that would mean that, if that company does start shipping, we will receive it that way.” If not, their only other option is to, “go out of state to get it and bring it back home ourselves.”

Rep. Allen Peake speaks on behalf of his bill HB 1 that would have legalized cannabis oil in Georgia.
Rep. Allen Peake speaks on behalf of his bill HB 1 that would have legalized cannabis oil in Georgia.              Credit David Goldman / Associated Press

Rep. Peake offered a bill similar to HB 1 in the House last year. The Senate tied its passage to a measure requiring insurance companies to cover autism and the political wrangling killed both bills on the last day of the session.

Despite this latest setback, Peake remains optimistic and defiant, “I’m at the point in my life, and so passionate and convinced that this works for these families that maybe it’s time for a little civil disobedience,” Peake publicly stated. “Maybe it’s time for someone to push the envelope by breaking the law, federal law and bringing the oil back here to Georgia.”

The hope is that families such as the Fowlers will not have to go to such extremes.

Peake says he and his supporters are considering all of their options.

Ava Fowler visits with State Rep. Terry Rogers (R-Clarkesville) last week in Atlanta. Rogers says he supports legalizing cannabis oil in Georgia under strict guidelines. Despite the recent defeat of HB 1 Ava told her mom, "No matter what, I still love Mr. Terry."
Ava Fowler visits with State Rep. Terry Rogers (R-Clarkesville) Tuesday in Atlanta. Rogers says he supports legalizing cannabis oil in Georgia under strict guidelines. Despite the recent defeat of HB 1 Ava told her mom, “No matter what, I still love Mr. Terry.”

“We’re working on several options: One is shipping, and we’re working very diligently, and hopefully will have an announcement very soon about that; another one is access from another state; another option is asking the governor to ask for an exemption from the DEA.”

“I have trust and faith that he’ll get it figured out for us,” Fowler says.

She admits, “The politics can be very frustrating but there is a part of me that appreciates it. There are so many of us who have strong opinions one way or another, so, thank goodness there are people out there who can study it and listen to many different sides. It’s got to be hard.”

Fowler says she would rather have the legislation written correctly than to have it rushed through and get tied up in the courts. “Legal troubles could have delayed it for years,” she says. “Instead,” she says with hope and resolve in her voice, “we’ll just keep on fighting and keep on educating the public and be much more prepared to get this done next year.”

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