---
title: HB 206. Drug-free Postsecondary Education Act of 1990; repeal Article 2 of Chapter 1
collection: bills
id: 2025-2026/hb206
cite_as: HB 206, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb206
md_url: https://georgiacommons.org/bills/2025-2026/hb206.md
text_url: https://georgiacommons.org/bills/2025-2026/hb206/text
source_url: https://www.legis.ga.gov/legislation/69722
date: 2026-03-06
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb206.md?full=1
bill_number: HB 206
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-30
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Eric Bell
- Jordan Ridley
- David Clark
- Jasmine Clark
- Edna Jackson
- Anne Westbrook
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB206/2025
upstream_id: 1949660
summaries_model: claude-sonnet-5
topic_tags:
- marijuana law
- student financial aid
- HOPE scholarship
- college loans
- drug convictions
---
# HB 206. Drug-free Postsecondary Education Act of 1990; repeal Article 2 of Chapter 1
## Text
The House Committee on Higher Education offers the following substitute to HB 206:
A BILL TO BE ENTITLED
AN ACT
To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated,
relating to scholarships, loans, and grants relative to postsecondary education, so as to
remove convictions for certain offenses related to marijuana as cause for a student to become
ineligible for state funds for certain loans, grants, and scholarships; to provide for definitions;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to
scholarships, loans, and grants relative to postsecondary education, is amended in Subpart 4A
of Part 3, relating to direct loans to students on basis of need and merit, by revising
paragraph (5) of Code Section 20-3-395.4, relating to ineligibility, as follows:
"(5) Has been convicted of a felony offense involving marijuana, a controlled substance,
or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free
Postsecondary Education Act of 1990,' provided that such ineligibility extends from the
date of conviction to the completion of the next academic term; provided, however, that
no student shall be deemed ineligible for any loan described in this subpart because of a
conviction for an offense based solely on the possession of marijuana for personal use.
As used in this paragraph, the term 'possession of marijuana for personal use' means a
conviction for possession of marijuana that does not include an element of intent to
distribute, manufacture, sell, or traffic and does not involve a quantity exceeding the
weight threshold provided for in subsection (b) of Code Section 16-13-2 for the
misdemeanor possession of marijuana;"
SECTION 2.
Said article is further amended in Subpart 4B of said part, relating to graduate on time
student loans, by revising paragraph (5) of Code Section 20-3-400.6, relating to ineligibility,
as follows:
"(5) Has been convicted of a felony offense involving marijuana, a controlled substance,
or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free
Postsecondary Education Act of 1990,' provided that such ineligibility extends from the
date of conviction to the completion of the next academic term; provided, however, that
no student shall be deemed ineligible for any loan described in this subpart because of a
conviction for an offense based solely on the possession of marijuana for personal use.
As used in this paragraph, the term 'possession of marijuana for personal use' means a
conviction for possession of marijuana that does not include an element of intent to
distribute, manufacture, sell, or traffic and does not involve a quantity exceeding the
weight threshold provided for in subsection (b) of Code Section 16-13-2 for the
misdemeanor possession of marijuana;"
SECTION 3.
Said article is further amended in Subpart 4C of said part, relating to education for public
service student loan, by revising paragraph (5) of Code Section 20-3-405.7, relating to
ineligibility, as follows:
"(5) Has been convicted of a felony offense involving marijuana, a controlled substance,
or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free
Postsecondary Education Act of 1990,' provided that such ineligibility extends from the
date of conviction to the completion of the next academic term; provided, however, that
no student shall be deemed ineligible for any loan described in this subpart because of a
conviction for an offense based solely on the possession of marijuana for personal use.
As used in this paragraph, the term 'possession of marijuana for personal use' means a
conviction for possession of marijuana that does not include an element of intent to
distribute, manufacture, sell, or traffic and does not involve a quantity exceeding the
weight threshold provided for in subsection (b) of Code Section 16-13-2 for the
misdemeanor possession of marijuana;"
SECTION 4.
Said article is further amended in Part 7 of Article 7, relating to HOPE scholarships and
grants, by revising paragraph (5) of subsection (b) of Code Section 20-3-519.1, relating to
residency requirements for eligibility and disqualifying factors, and by adding a new
subsection to read as follows:
"(5) Has been convicted of a felony offense involving marijuana, a controlled substance,
or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free
Postsecondary Education Act of 1990,' provided that such ineligibility extends from the
date of conviction to the completion of the next academic term; provided, however, that
no student shall be deemed ineligible for any scholarship or grant described in this part
because of a conviction for an offense based solely on the possession of marijuana for
personal use;"
"(c) A student shall not be deemed ineligible for any scholarship or grant described in this
part because of a conviction for an offense based solely on the possession of marijuana for
personal use. As used in this subsection and paragraph (5) of subsection (b) of this Code
section, the term 'possession of marijuana for personal use' means a conviction for
possession of marijuana that does not include an element of intent to distribute,
manufacture, sell, or traffic and does not involve a quantity exceeding the weight threshold
provided for in subsection (b) of Code Section 16-13-2 for the misdemeanor possession of
marijuana."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A House committee substitute for HB206 would stop Georgia from cutting off state college loans, scholarships, and HOPE grants to students convicted only of simple marijuana possession for personal use.
### Plain-language summary
Georgia law currently makes students ineligible for certain state-funded college loans, the HOPE scholarship, and HOPE grants if they are convicted of a felony involving marijuana, another controlled substance, or a dangerous drug. This substitute bill narrows that penalty specifically for marijuana. It adds language to several sections of Georgia's education code saying a student cannot be denied these loans, scholarships, or grants solely because of a conviction for simple possession of marijuana for personal use.
The bill defines 'possession of marijuana for personal use' as a conviction that does not involve intent to distribute, manufacture, sell, or traffic, and does not involve more marijuana than the amount that qualifies as misdemeanor possession under Georgia's drug law (O.C.G.A. § 16-13-2). The change applies to four types of state aid: need and merit-based direct student loans, graduate on-time loans, education for public service loans, and HOPE scholarships and grants. Other felony drug convictions still trigger the existing ineligibility rule.
### What it does
- Amends four sections of Georgia's education code so a marijuana possession conviction for personal use no longer disqualifies a student from certain state loans, HOPE scholarships, or HOPE grants.
- Defines 'possession of marijuana for personal use' as a conviction lacking intent to distribute, manufacture, sell, or traffic, and below the misdemeanor weight threshold in O.C.G.A. § 16-13-2.
- Leaves in place the existing rule that a felony conviction involving marijuana, controlled substances, or dangerous drugs still makes a student ineligible for these programs.
- Adds a new subsection to the HOPE scholarship and grant eligibility law (O.C.G.A. § 20-3-519.1) explicitly protecting students with personal-use marijuana convictions.
### Who it affects
College and university students in Georgia who receive or apply for need-based and merit-based state loans, graduate on-time loans, public service loans, or HOPE scholarships and grants, particularly those with a past conviction for simple marijuana possession rather than a distribution-related felony.
### Why it matters
Students previously barred from state financial aid for a personal-use marijuana conviction would keep access to loans and HOPE funding, potentially affecting whether they can afford to stay enrolled or finish a degree after such a conviction.
### Key provisions
- Section 1 revises O.C.G.A. § 20-3-395.4 so need and merit-based direct student loans are not denied for personal-use marijuana possession convictions.
- Section 2 makes the same change to graduate on-time student loans under O.C.G.A. § 20-3-400.6.
- Section 3 makes the same change to education for public service student loans under O.C.G.A. § 20-3-405.7.
- Section 4 amends HOPE scholarship and grant eligibility rules in O.C.G.A. § 20-3-519.1, adding a new subsection defining and protecting personal-use marijuana convictions from disqualifying students.
- Section 5 repeals any conflicting laws, a standard closing provision.
## Status
- Status: Introduced (2025-01-30)
- Last action: House Committee Favorably Reported By Substitute (2026-03-06)
- Sponsors: Eric Bell, Jordan Ridley, David Clark, Jasmine Clark, Edna Jackson, Anne Westbrook
- Official page: https://www.legis.ga.gov/legislation/69722
> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb206.md?full=1