When federal officials moved state-legal medical cannabis from Schedule I to Schedule III, a number of restrictions on the plant were eased. From tax relief for operators to expanded research opportunities, rescheduling promised to ease barriers for the medical cannabis industry in several ways. Officials in Georgia believe the move opened another avenue for patient access: mail-order medical cannabis.
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During a recent meeting of the Georgia Access to Medical Cannabis Commission (GMCC), regulators proposed a rule change allowing licensed dispensaries to ship medical cannabis products to registered patients via the U.S. Postal Service (USPS) or other common carriers. Packages would require tracking and proof of delivery.
The proposed rule would allow patients, certified caregivers, and approved healthcare providers to accept the packages. Officials believe the proposal would help patients in rural areas or those who reside in assisted living facilities.
Andrew Turnage, executive director of the GMCC, said at the meeting the move “leverages the authority” of rescheduling. Guidelines would mirror those of other approved mail-order pharmacies that distribute Schedule III drugs.
Attorney Christine Senne told GreenState the policy makes sense given current laws, and that Georgia may not be the last to reconsider its own cannabis shipping policies.
“Georgia appears to be aligning its medical marijuana program to be consistent with federal regulation of prescription drugs,” Senne said. “Other states should take note and consider similar options available for their medical marijuana patients, provided their licensees are registered with the DEA.”
While Georgia officials and experts agree that DEA-approved cannabis can be shipped, what do the carriers themselves have to say?
Shipping policies haven’t caught up
Current Postal Service policy lists “Marijuana (medical or otherwise)” as a prohibited item. The agency does allow federally legal hemp products to be mailed, provided they meet applicable requirements.
USPS permits shipping prescription medicines, provided they meet certain criteria. The sender must be registered with the Drug Enforcement Administration (DEA). Shipments are also subject to tracking, packaging, and delivery requirements.
UPS and FedEx also restrict marijuana shipments, though their policies for hemp and prescription drugs vary.
GreenState reached out to all three carriers, as well as the White House, for comment on the Georgia case. Postal Service officials pointed to their current policies on delivery of controlled substances and did not directly say whether their stance on marijuana would shift.
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Medical cannabis businesses seeking to operate under the federal Schedule III framework must obtain the appropriate DEA registration. Several multistate cannabis companies, including Trulieve, Jushi and Curaleaf, have announced applications, but none has publicly announced receiving approval.
DEA has reportedly begun required on-site inspections of applicants, a step that could precede registration decisions.
Georgia officials will reconvene on Sept. 30 to discuss the cannabis shipping proposal. Whether carriers will agree to ship Georgia medical cannabis remains unclear. But the ability to mail certain Schedule III prescription drugs gives state officials a potential model for expanding patient access.
