Georgia Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed June 20, 2024

Whether you're looking for legal, medical marijuana, or recreational use cannabis products, you're going to be out of luck if your search is in Georgia. According to Georgia marijuana laws, possessing even a tiny amount of cannabis can land you in jail. While some cities have opted for fines instead of incarceration for minor marijuana offenses, the state's strict laws make it an unfriendly climate for marijuana use.

In this article, we'll examine the limited medical marijuana options available in Georgia, legislative attempts at expanding access to both medical and recreational marijuana, and the harsh penalties you can face for violating Georgia cannabis laws. Read on for a better understanding of marijuana laws in Georgia.

Marijuana Laws in Georgia

Despite rumors that changes in the federal government are coming, as of May 2024, marijuana is still classified as a Schedule I drug via the Controlled Substance Act. The state of Georgia treats it in much the same manner as federal law does.

While some states allow residents to grow cannabis plants in their houses for personal use, that's not the case in Georgia. Possession of any marijuana plants will land you in legal trouble. Any sale of marijuana can have you facing drug charges.

In the face of jail time for minor cannabis drug violations and first offenses, cities such as Atlanta and Savannah have opted to make possession of an ounce of marijuana or less a civil offense instead. Since 2017, law enforcement in locations like these have had the option to levy a fine or community service instead of a criminal charge. For those seeking legal cannabis, it's a welcome step in the right direction. But keep in mind that decriminalization is not the same as legalizing possession of marijuana.

Medical Marijuana Law in Georgia

House Bill 324, also known as the Haleigh's Hope Act, was passed by the Georgia General Assembly and signed into law by Gov. Brian Kemp in 2017. It allows eligible patients to possess low-THC (Tetrahydrocannabinol) oil. THC is the psychoactive ingredient in marijuana that provides the "high." A limited number of dispensaries began selling in 2023. Locations are on the Georgia Access to Medical Cannabis Commission website.

Unlike most other states with medical marijuana programs, patients in Georgia can only use products made with medical cannabis oil (5% THC or less). To get the low-THC Oil Registry Card from the Department of Public Health, the applicant must be one of the following:

An adult who has one or more of the illnesses listed in the law
Legal guardians of an adult who has one or more of the illnesses listed in the law
Parents or legal guardians of a minor child with one or more of the illnesses listed in the law

The physician treating the patient applies. The card will go to the county office closest to the patient's home if approved.

To be eligible to qualify for the card, the patient must have one or more of the medical conditions below:

Multiple sclerosis (MS), severe or end-stage
Crohn's disease
Cancer, either end-stage or when treatment induces discomfort
Amyotrophic lateral sclerosis (ALS) when severe or end-stage
Trauma-based post-traumatic stress disorder (PTSD)
AIDS when severe or end-stage
Alzheimer's disease, when severe or end-stage
Seizure disorders related to epilepsy/trauma-related head injuries
Mitochondrial disease
Parkinson's disease, when severe or end-stage
Sickle cell disease when severe or end-stage
Intractable pain
Tourette's syndrome, when severe
Autism spectrum disorder
Epidermolysis bullosa
Peripheral neuropathy when severe or end-stage
In hospice program
Intractable pain

Patients can only have 20 ounces of low-THC oil containing not more than 5% THC and an amount of CBD equal to or greater than the amount of THC. Products available include tinctures, capsules, topicals, and lozenges. No flower or vaping products are allowed, and edibles must have less than 0.3% THC.

As Georgia only has seven licensed dispensaries for low-THC oil, a new law aimed to expand distribution of the oil through pharmacies. This would give easier access to more medical marijuana patients. But the Drug Enforcement Administration (DEA) moved to block the effort. It wrote a directive to pharmacies in Georgia reminding them that under federal law, they can only dispense drugs in Schedules II-V. Low-THC oil that has over .3% THC falls under Schedule I in the Controlled Substances Act.

Georgia Marijuana Law Penalties

Much like getting a DUI while drunk, driving while under the influence of marijuana will see you losing your driver's license, besides facing fines and possible jail time.

The table below contains the penalties you face for breaking cannabis laws in Georgia. If you are in trouble, consider speaking with a criminal defense attorney.

Relevant Georgia marijuana laws	Code of Georgia Title 16 — Crimes and Offenses Section 16-12-190 — Low THC oil defined Section 16-12-191 — Possession of low THC oil Section 16-13-2 — Conditional discharge for possession as first offense; possession of one ounce or less Section 16-13-25 — Schedule I Section 16-13-30 — Possession, manufacturing, etc., of certain controlled substances or marijuana Section 16-13-30.6 — Marijuana flavored products; sale or providing to minors; purchase by minors; violations Section 16-13-31 — Trafficking in certain controlled substances Section 16-13-32.4 — Transactions within 1,000 feet of school Section 16-13-32.5 — Transactions within 1,000 feet of parks, playgrounds, recreation centers, or housing projects Section 16-13-32.6 — Transactions within 1,000 feet of a drug-free zone
Is marijuana legal in Georgia?	No. Possession of cannabis or marijuana is prohibited. Georgia has a very limited medical marijuana program that only permits use of low-THC oil by certain people.
Possession penalties	1 oz. or less (misdemeanor): One year and $1,000 fine Between 1 oz. and 10 lbs. (felony): One to 10 years Over 10 lbs.: Trafficking charges — see below Sale, cultivation, or trafficking penalties 10 lbs. or less (felony): One to 10 years and $5,000 fine 10-2,000 lbs. (felony): Minimum five to 30 years and mandatory $100,000 fine 2,000-10,000 lbs.: Minimum seven to 30 years and mandatory $250,000 fine Over 10,000 lbs.: Minimum 15 to 30 years and mandatory $1,000,000 fine *Note that second or subsequent offenses can increase the penalties depending on the statute.
Medical marijuana	Eligible patients may possess up to 20 ounces of low-THC (high-CBD) cannabis oil; possession of the whole plant is not allowed, nor is cultivation. Locations that sell low-TCH cannabis oil can are on the Georgia Access to Medical Cannabis Commission website.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.