Georgia

Is weed legal in Georgia?

Georgia marijuana laws allow only medical CBD in the form of extracts high in CBD and low in THC.

Atlanta, Savannah, and a few other cities have decriminalized possession of up to 1 ounce of cannabis and set penalties at $75 to $300. Otherwise, possession of 1 ounce or less is a misdemeanor punishable by a year in jail and a $1,000 fine.

Legislation history

Georgia's HB 1, or the Haleigh's Hope Act, cleared the path to create a patient registry for those with qualifying conditions to possess oil with less than 5% THC by weight. The bill was signed by Gov. Nathan Deal in April 2015. While it allowed possession of the oil, it made no provisions for in-state sales. 

On May 9, 2018, Deal signed SB 16 to expand patient access to low-THC oil. The bill became effective in July 2018. In addition to adding qualifying conditions, the expansion allowed for Georgia hospice care residents to obtain low-THC oil.

Georgia's Hope Act (HB 324), which became effective in July 2019, legalized purchasing low-THC oil by registered patients. It set up an in-state cultivation, production, and dispensing system and tasked the Georgia Access to Medical Cannabis Commission, under the Secretary of State, to oversee it. It also specified 20 fluid ounces as the maximum amount of oil patients could possess. 

Purchasing cannabis in Georgia

The Georgia Department of Public Health (DPH) and Georgia Composite Medical Board work together to oversee the patient registry. Patients can obtain a registry card from the DPH with a doctor's recommendation and payment of a $25 fee. Doctors are required to fill out two forms. Cards are ready for pickup from a public health office within 15 business days; they are valid for two years.

The state is setting up its seed-to-sale system so patients can't yet purchase low-THC oil in the state of Georgia. They can possess, and eventually purchase, up to 20 fluid ounces of oil with no more than 5% THC.

Qualifying conditions

Most of these conditions must be severe and/or end stage:

  • Alzheimer's disease
  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig's disease
  • Autism spectrum disorder
  • Cancer
  • Crohn's disease
  • Epidermolysis bullosa
  • HIV/AIDS
  • Hospice care patients
  • Intractable pain
  • Mitochondrial disease
  • Multiple sclerosis
  • Parkinson's disease
  • Post-traumatic stress disorder (PTSD)
  • Peripheral neuropathy
  • Seizures
  • Sickle cell disease
  • Tourette's syndrome

Lab testing

Producers must use a state-approved lab to test low-THC oil for:

  • Foreign matter
  • Heavy metals
  • Microbes
  • Pesticides
  • Potency
  • Residual solvents 

Frequently asked questions

What are the marijuana possession laws in the state of Georgia?

Atlanta, Savannah, and a few other cities have decriminalized possession of up to 1 ounce of cannabis and set penalties at $75 to $300. Otherwise, possession of 1 ounce or less is a misdemeanor punishable by a year in jail and a $1,000 fine.

What kind of marijuana oil is legal in Georgia?

Oil with less than 5% THC by weight is legal for registered patients. 

What are the Georgia laws for finding marijuana on your property?

Growing cannabis is a crime in Georgia so it's probably best to report it to your local law enforcement. We don't recommend harvesting, smoking, or doing anything else with found weed. 

How much pot is a felony in GA?

Possession of more than 1 ounce of marijuana is a felony with a penalty of a mandatory minimum of one year in jail and a maximum of 10 years and a $5,000 fine. 

Are dabs a felony in Georgia?

It depends. Possession of more than 1 ounce of marijuana is a felony with a penalty of a mandatory minimum of one year in jail and a maximum of 10 years and a $5,000 fine. For specific cases, please consult an attorney.

When can we vote on weed legalization in GA? 

While we can't predict the future, we do know that Georgians can't petition to get a medical marijuana initiative added to the ballot. Any path to marijuana legalization would have to go through the state legislature. 

This page was last updated February 19, 2021.

Was this article helpful? Give Feedback

{EMAIL}
has been subscribed!

The information contained in this site is provided for informational purposes only, and should not be construed as medical or legal advice. This page was last updated on February 23, 2021.