Marijuana Laws and Regulations in Georgia

Overview

Georgia's marijuana laws are among the strictest in the United States. The possession, sale, and use of marijuana for recreational purposes are illegal, and even some forms of medical marijuana face stringent restrictions. The state has adopted a mostly prohibitive stance on cannabis, reflecting its conservative approach to drug legislation.

Recreational Use

Recreational use of marijuana is completely illegal in Georgia. Possession of any amount of marijuana is a criminal offense. Penalties for possession vary depending on the amount:

• Less than one ounce: Classified as a misdemeanor, punishable by up to one year in jail or a fine of up to $1,000.
• More than one ounce: Considered a felony, resulting in one to ten years in prison.

Distribution or cultivation of marijuana also constitutes a felony, with potential sentences ranging from one to ten years, and fines can be substantial. These laws apply to all forms of marijuana, including flower, edibles, and concentrates.

Medical Marijuana

While Georgia has not fully embraced medical marijuana, the state does permit limited use under stringent conditions. The state's medical marijuana law, known as Haleigh’s Hope Act, was enacted in 2015 and allows the possession of cannabis oil with a low THC content for specific medical conditions.

Qualifying Conditions

The conditions that qualify for medical marijuana use in Georgia include:

• Seizure disorders
• Multiple sclerosis
• Crohn's disease
• ALS (Amyotrophic lateral sclerosis)
• Sickle cell disease
• Parkinson’s disease
• Autism
• End-stage cancer

Other debilitating conditions may also qualify if they are severe or end-stage as determined by a physician. The maximum allowable THC content in cannabis oil is 5%, and the oil must be registered through the state's Low THC Oil Registry. Patients can possess up to 20 fluid ounces of the oil.

Low THC Oil Registry

The Low THC Oil Registry is a key component of Georgia's medical marijuana program. Patients, along with their caregivers, must register to legally possess low-THC oil. The registration process includes the following steps:

1. Obtain a recommendation: Patients must have a physician certify that they have one of the qualifying conditions and could benefit from low-THC oil.
2. Apply for registration: The patient or caregiver submits an application to the Georgia Department of Public Health, which includes the physician's certification.
3. Receive a registry card: Once approved, the patient or caregiver is issued a Low THC Oil Registry card, which they must carry whenever they are in possession of the oil.

CBD Products

CBD products with minimal or no THC content are legal in Georgia provided they derive from industrial hemp containing less than 0.3% THC by dry weight, in line with federal regulations under the 2018 Farm Bill. However, any claims about CBD products must comply with FDA regulations and state guidelines, and misleading or unsubstantiated health claims are prohibited.

Recent Legislative Attempts

There have been various legislative attempts to both expand and further restrict marijuana use in Georgia. For example, bills have been introduced to increase the list of qualifying conditions for medical marijuana, while others aimed to decriminalize small amounts of marijuana have so far failed to pass.

Conclusion

Georgia’s marijuana laws and regulations remain firmly restrictive, with some limited allowances for medical marijuana in the form of low-THC oil. Residents seeking to use marijuana for medicinal purposes must comply with detailed regulations and register with the state. As marijuana laws continue to evolve nationwide, Georgia’s policies may change, but for now, they remain highly conservative.