HB 206: Drug-free Postsecondary Education Act of 1990; repeal Article 2 of Chapter 1

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.

• 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.

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.

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.

• 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.

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

• Eric Bell (D, HD-075)Patrocinador principal
• 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 law
• student financial aid
• HOPE scholarship
• college loans
• drug convictions