Georgia Marijuana Laws
Georgia State Information Page
- Limited Medical Program only; no more than five percent THC medical cannabis oil
- Not decriminalized statewide; there are cities that have decriminalized possession of small amounts such as Gwinnett County and South Fulton.
- Possession is not allowed for recreational use; possession of 20 fluid ounces is legal for medical patients.
- Home Cultivation of THC hemp plants is illegal
Medical cannabis with low THC levels is legal in Georgia, and there is a medical program established within the state. Recreational cannabis, however, is still illegal and heavily penalized.
While marijuana has yet to be decriminalized statewide in Georgia cities and counties that have approved decriminalization ordinances include Atlanta, Savannah, Fulton County, and Macon-Bibb County.
State Laws and Offenses
Here’s a list of penalties for possession, sale, and distribution of marijuana, concentrate, or paraphernalia in Georgia.
- Marijuana is not a scheduled substance but is regulated under the Georgia Controlled Substances Act.
- Unlike Georgia laws, cannabis is still considered a Schedule I Controlled Substance under federal law.
- Personal use of marijuana possession of up to one ounce is punishable by a maximum fine of 1,000 USD and one year or less of incarceration
- Sales of any kind is a Felony and penalties range from a mandatory minimum of one year to forty years incarceration and a 5,000 USD to 1,000,000 USD fine depending on pounds.
- Cultivation of any kind is a Felony, and penalties range from one to forty years of incarceration and 5,000 USD to 1,000,000 USD fine depending on pounds.
- Possession of paraphernalia for personal use is a Misdemeanor with a maximum one-year sentence and a 1,000 USD fine.
The state of Georgia approves the following medical conditions as qualifiers for a medical cannabis card:
- AIDS
- Alzheimer’s disease
- Amyotrophic Lateral Sclerosis
- Autism
- Cancer
- Crohn’s disease
- Hospice care patients
- Intractable Pain
- Mitochondrial disease
- Multiple sclerosis
- Parkinson’s disease
- Post-traumatic stress syndrome
- Severe or end-stage Peripheral neuropathy
- Seizure disorder
- Sickle cell disease
- Tourette syndrome
1.
Book An Appointment
You will schedule an appointment to see a medical marijuana doctor in Georgia at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor.
2.
Evaluation
Consult with a doctor for a quick evaluation of your ailments, and ask any questions you may have about medical marijuana treatment.
3.
Approval
Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of Georgia to complete the registration process.
4.
Get Card
The state will then contact you for you to select which of the Public Health Offices across the state you would like to visit to pick up your card.
Does Georgia accept out-of-state medical cards?
Out-of-state residents with a medical marijuana card from their home state are allowed to purchase low-THC medical CBD products in Georgia due to SB16 passed in 2017.
When does my Georgia medical card expire?
Your medical card expires two years from when the doctor completes this registration. This is generally within 24 hours after the evaluation appointment.
Georgia marijuana DUI laws
Driving under the influence of cannabis is illegal, even in medical marijuana states.
The penalties are severe for driving under the influence of any substance in Georgia, with a first offense starting at a minimum of 10 days of jail time and subsequent violations resulting in the possibility of five years in jail.
Georgiamarijuana growing laws
In-state cultivation is illegal in Georgia and comes with harsh penalties. Qualifying patients must source medical cannabis from state-approved dispensaries.
Georgia city specific laws
The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.
No. Only possession of topical products and low-THC CBD oil is allowed.
To qualify for a registry card to legally purchase medical cannabis, you must meet the following qualifications:
First, you’ll need a physician’s recommendation. They will need to submit the application, including a waiver you and the doctor signed and a certification form.
Once approved, you’ll visit a Public Health Office to pay 25.00 USD. Then, you can pick up a medical cannabis card that is valid for two years from the date of issue.
In Georgia, a medical CBD patient must be an adult with one or more qualifying conditions, the legal guardian of an adult with a qualifying condition, or the parent of a minor child with one or more qualifying conditions.
Cannabis Policy Reform Timeline
1970: The State of Georgia allowed the conduction of legal cannabis trials on cancer patients after the long prohibition under state and federal law.
1980: The Senate and House passed Mona Taft’s bill supporting medical marijuana in Georgia for people diagnosed with glaucoma and cancer patients undergoing chemotherapy and radiation. However, the medical program and Georgia’s access to medical cannabis never became a reality.
Subsequent Georgia governors had the authority to reappoint the board but didn’t act on it. This resulted in the law lingering on the books for 30 years.
2015: The low-THC cannabis oil was legalized for medical use in the state under the Haleigh’s Hope Act. The House bill allowed simple possession of the oil for eight qualifying medical conditions but did not provide for cultivation or distribution within the state.
2017: An expansion of the state law under SB 16 added six more qualifying conditions, including intractable pain and post-traumatic stress disorder (PTSD), which was approved by the Medical Cannabis Commission.
2019: The Georgia Hemp Farming Act was approved to allow the cultivation of cannabis and the hemp plant and the sale of low-THC oil after the farm bill was passed and federal laws were updated.
Some of the Current Cannabis Bills in Georgia
- GA SB481 - "Georgia Hemp Farming Act,"; allow persons convicted of any misdemeanor or a felony not related to a state or federally controlled substance within ten years to grow industrial hemp
- GA SB609 - Medical Cannabis; the Georgia Access to Medical Cannabis Commission is subject to state procurement laws; provide
- GA HB1400 - Georgia Access to Medical Cannabis Commission; subject to state procurement laws; provide
- GA HB1453 - Crimes and offenses; access to medical cannabis; revise provisions
- GA SB579 - Controlled Substances; minimum sentences imposed for the manufacture, delivery, distribution, etc. shall not be suspended, stayed, probated, deferred, or withheld by the sentencing court; provide
Learn more about Cannabis legalization in Georgia:
Updated 6.14.2022