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Two Republican U.S. senators are challenging Georgia state officials’ plan to permit mail deliveries of medical cannabis with a letter to the head of the U.S. Postal Service (USPS). Republican Sens. James Lankford of Oklahoma and Ted Budd of North Carolina wrote that such deliveries are illegal under federal law, despite the recent rescheduling of state-licensed medical cannabis.
“It is our understanding that marijuana cannot currently be mailed at all using the USPS,” the senators wrote in an October 27 letter to Postmaster General David Steiner, Marijuana Moment reported last week. “However, some states are under a different impression.”
Last month, the Georgia Access to Medical Cannabis Commission (GMCC) approved a package of reforms for the state’s medical cannabis program, covering issues including business license applications, product tracking, recalls and cannabis research. Among the new regulations is a rule that permits mail delivery of licesensed cannabis products.
The new rule adopted by the GMCC allows medical cannabis providers to ship products to registered patients and healthcare facilities via the USPS or other carriers such as UPS, FedEx, and DHL. State officials said that home delivery will make Georgia’s medical cannabis program a viable option for more patients.
“We think this provides a great pathway. It maintains the same tracking standards that the commission has, and it really leverages the authority in that DEA rescheduling order for state-regulated medical marijuana program,” Andrew Turnage, GMCC’s executive director, said about the new rule during an August meeting of the commission. “Without these regulations, we don’t have guidelines in place for things like delivery. We think it’s really important to put those guardrails in place and establish standards.”
Senators Balk at Georgia Plan
Lankford and Budd, however, objected to the GMCC’s plan in their letter, noting the state cannot dictate USPS regulations. The senators also urged Steiner to continue the USPS’s ban on sending cannabis through the mail.
“While Georgia does not have the authority to alter current USPS regulations, we are concerned that USPS will alter its regulations to allow for these shipments,” they wrote in their letter. “We strongly oppose any effort to allow the shipment of marijuana.”
The GOP senators noted that the Trump administration’s plans to reschedule cannabis under federal drug laws, which Georgia officials cited to justify the new delivery rule, “put significant weight on state licensing schemes as proof that the marijuana being sold is safe and medicinal.”
“This trust in state licensing schemes is not deserved. Some states have very low barriers to entry when it comes to being a licensed marijuana dispensary,” the senators continued. “At one point, Oklahoma had 9,178 licensed marijuana grow operations and 2,611 licensed dispensaries. While those numbers have come down, it is clear that state licensed participants must be funneling products across state lines and into the black market. USPS should not give these actors access to the mail.”
Budd and Lankford also expressed concerns about “increased access to marijuana by young children,” arguing that allowing USPS shipments of cannabis could make it easier to obtain for kids.
“While it may seem like marijuana is legal everywhere, Idaho and Kansas have not legalized it in any form,” they wrote. “While bad actors find ways to funnel the drug into those states, the USPS should not facilitate the shipment of an illegal and controlled substance into a state that does not allow its use.”
“We look forward to continuing this conversation as USPS considers the impact of the final rule and urge USPS to maintain its current regulation that prohibits the shipment of marijuana,” Lankford and Budd wrote.
Despite their suggestion otherwise, however, the new Georgia rules do not permit licensees to ship medical cannabis products to other states.
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
