HB206: HB206 Drug-free Postsecondary Education Act of 1990; repeal Article 2 of Chapter 1

Under current Georgia law tied to the 'Drug-free Postsecondary Education Act of 1990,' a student convicted of a felony drug offense involving marijuana, a controlled substance, or a dangerous drug becomes ineligible for certain state-funded loans, grants, and scholarships from the date of conviction through the next academic term. This substitute version of HB 206 keeps that general ineligibility rule but carves out an exception: a student is not disqualified if the conviction was solely for possession of marijuana for personal use. The bill defines that term to mean a possession conviction that does not involve intent to distribute, manufacture, sell, or traffic, and does not exceed the weight threshold used to define misdemeanor marijuana possession under Georgia law (O.C.G.A. § 16-13-2). The change applies across several state loan programs and the HOPE scholarship and grant program, amending multiple Code sections within Article 7 of Chapter 3 of Title 20.

• Adds an exception so students convicted only of personal-use marijuana possession keep eligibility for state direct student loans under Subparts 4A, 4B, and 4C of Georgia's postsecondary loan programs.
• Extends the same exception to HOPE scholarships and grants by amending the disqualifying factors in O.C.G.A. § 20-3-519.1.
• Defines 'possession of marijuana for personal use' as a conviction without intent to distribute, manufacture, sell, or traffic, and below the weight threshold for misdemeanor possession under O.C.G.A. § 16-13-2.
• Keeps in place the existing rule that a felony conviction involving marijuana, another controlled substance, or a dangerous drug makes a student ineligible from the date of conviction through the next academic term, except for the new personal-use carve-out.
• Repeals any other Georgia laws that conflict with these changes.

Georgia college and university students who apply for state-funded direct loans, need-and-merit loans, public service loans, or HOPE scholarships and grants, especially those with a past conviction for simple marijuana possession. It also affects the state agencies that administer these financial aid programs.

Students who have a misdemeanor-level marijuana possession conviction for personal use would no longer automatically lose access to state loans, grants, or HOPE scholarships because of that conviction, potentially allowing more students with minor drug convictions to continue receiving state financial aid for college.

• Section 1 revises O.C.G.A. § 20-3-395.4(5) to exempt personal-use marijuana possession convictions from loan ineligibility under the need-and-merit loan program.
• Section 2 makes the same change to O.C.G.A. § 20-3-400.6(5) for graduate on time student loans.
• Section 3 makes the same change to O.C.G.A. § 20-3-405.7(5) for education for public service student loans.
• Section 4 revises O.C.G.A. § 20-3-519.1(b)(5) and adds a new subsection (c) applying the personal-use exemption to HOPE scholarships and grants.
• Each amended provision defines 'possession of marijuana for personal use' using the misdemeanor weight threshold in O.C.G.A. § 16-13-2(b).
• Section 5 repeals any conflicting laws.

1. 2026-03-06House Committee Favorably Reported By Substitute (House)
2. 2025-02-04House Second Readers (House)
3. 2025-02-03House First Readers (House)
4. 2025-01-30House Hopper (House)

• Eric Bell (D, HD-075)Primary sponsor
• Jordan Ridley (R, HD-022)
• David Clark (R, HD-100)
• Jasmine Clark (D, HD-108)
• Edna Jackson (D, HD-165)
• Anne Westbrook (D, HD-163)

• marijuana possession
• student financial aid
• HOPE scholarship
• college loans
• drug convictions