Georgia is known for its diverse geography, which includes the Blue Ridge Mountains in the north, the coastal plain in the east, and the fall line in the central region. The state is also home to some serious history, including being the site of major Civil War battles and the birthplace of Martin Luther King Jr. and Jimmy Carter. The state’s economy is diverse, with agriculture, manufacturing, services and logistics being the main drivers of the economy. Also, Georgia is a popular destination for tourists. But if you’re interested in cannabis tourism, the Peach State is not high on the list of places to get high.
Is Weed Legal in Georgia? Straight to the point.
- Recreational THC: No
- Medical THC: Yes
- CBD: Yes
- Delta-8: Yes
Medical Weed Laws
On April 16, 2015, Georgia became the 26th country to decriminalize the use of medical marijuana. Because Georgia is a “medical cannabis” low-THC oil patient registry state, patients registered with the Georgia Department of Public Health are able to legally purchase and possess low-THC oil in amounts up to 20 ounces after receiving a doctor’s or physician’s certification.
To qualify as a patient, you must have lived in Georgia for at least one year. If you are under 18, you need a legal guardian to sign for you and help you register with the Georgia Department of Health. According to their website:
“The Georgia Access to Medical Cannabis Commission does not prescribe or dispense low THC oil. The Commission is charged with licensing and regulating Production Facilities and Dispensaries. Medical cannabis oil is not available for purchase yet in Georgia, but will be available for purchase after the Commission issues Dispensing Licenses.”
Qualifying conditions in Georgia are:
- Cancer at end stage or experiencing wasting illness
- Seizure disorders related to diagnosis of epilepsy or trauma related head injury
- ALS – Lou Gehrig’s disease (severe or end stage)
- Parkinson’s disease (severe or end stage)
- Multiple sclerosis (severe or end stage)
- Sickle cell disease (severe or end stage)
- Crohn’s disease
- Mitochondrial disease
- AIDS
- Alzheimer’s disease
- Autism
- Epidermolysis bullosa
- Peripheral neuropathy
- Tourette’s syndrome
- Patients in hospice care
- Post-traumatic stress disorder
- Intractable pain
If approved for low-THC oil use, patients may possess up to 20 fluid ounces of oil.
Recreational Weed Laws
Trends show that many states with medical marijuana programs usually move towards adult-use recreational legalization. However, recreational weed’s regulatory environment tends to be far more complex. Although many states maintain their medical programs to support patients, the same rules do not apply to the general public once recreational marijuana is legalized. Possession limits may vary, as well as the consequences for using marijuana outside of the state-mandated guidelines. See below for more information about the current legal status and recreational legalization efforts.
Is Weed Decriminalized in Georgia?
Georgia does not allow the recreational use of cannabis, but Atlanta, Savannah, Macon, and Athens have decriminalized it. Cannabis oil with a THC content of less than 5% is permitted for restricted medical use.
Cannabinoid Variants
In states without legal weed, many consumers look to hemp-derived cannabinoids for their similar benefits. Although the federal government has taken its stance on these cannabinoid variants, the states may determine their own governing rules. Here’s where Georgia stands.
Is CBD legal in Georgia?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. CBD is legal in Georgia.
Is Delta-8 legal in Georgia?
Simply put, yes! The state of Georgia does not have any restrictions on any hemp-derived cannabinoids, including Delta-8, according to Georgian law, which is consistent with federal regulations outlined in the 2018 Farm Bill.
Is Delta-10 legal in Georgia?
Delta-10 is very similar to Delta-8, and so long as it is derived from hemp and contains less than 0.3% Delta-9 THC, it is legal in Georgia.
Are THC-O and other THC variants legal in Georgia?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in Georgia?
Much like the above mentioned cannabinoids on this list, HHC and HHC-O are legal in Georgia. However, they must follow the same rules as set forth by the 2018 Farm Bill.
Cultivation Laws
Georgia state law prohibits the cultivation of marijuana. The crime of cultivating less than 10 pounds of marijuana carries a sentence of between one and ten years in prison. A minimum of five years and a maximum of thirty years in prison and a fine of $100,000 are the penalties for cultivating more than ten pounds but fewer than two thousand pounds.
Obtaining a Medical Marijuana Card in Georgia
You must apply for a Low THC Registry card in Georgia in order to obtain medical marijuana. The patient’s doctor must submit both the waiver form (which the patient and doctor must sign) and the physician certification form in order to obtain this card. Each card costs $25 in fees. When the card is picked up, the fee is due. In order to find the closest of the 18 chosen Public Health Offices across the state to pick up the card, a representative from the Department of Public Health’s Vital Records will get in touch with the patient. After the card is issued, it remains valid for two years.
Where to Buy Weed in Georgia
Options are a bit limited in Georgia for those who want to catch a buzz.
Dispensaries
Georgia currently has no authorized dispensaries. Licenses have been granted to Trulieve Georgia and Botanical Sciences. There are currently no regulations for “retail” low-THC dispensing licenses from the Commission. The Healthcare Clinic – Medical Marijuana Doctor and Leafwell – Medical Marijuana Card – Marietta, are a couple of the legitimate clinics with state certifications to provide medical marijuana to patients.
Delivery
Georgia does not allow the delivery of marijuana for recreational use as it is illegal.
Direct to Consumer
Georgia does not currently permit the delivery of marijuana, but if you have a medical marijuana card, you can order directly from the producer and have it delivered to your registered address as long as the product is low-THC (less than 5%) oil and adheres to the legal dosages.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
Efforts to Legalize Recreational Weed in Georgia
The state is currently working on legalizing recreational use of marijuana and increasing the type of marijuana allowed to be consumed by medical patients. SB 263 is the bill that would allow the commercial market to open in the state of Georgia. If the bill passes, it would allow adults 21 years of age and older to purchase up to a quarter ounce from a licensed retailer. By amending the state constitution, SR 165 and HR 281 would make marijuana use, possession, and retail sales legal for adults 21 and older.
If lawmakers approve the proposal, Georgia voters would be asked to decide on a question on the ballot. If lawmakers and voters approve these measures, they would also make it easier to have certain prior marijuana convictions wiped clean.
General FAQ
Where can you smoke weed in Georgia?
Marijuana possession is prohibited in Georgia. Except in cities like Atlanta, which have decriminalized possession of small amounts as defined by Atlanta weed laws, having any amount in your possession is illegal.
Can you smoke weed in public in Georgia?
Marijuana consumption in public is prohibited in Georgia and is illegal to consume if you do not have your low-THC medical card.
When was medical weed legalized in Georgia?
On April 16, 2015, Georgia decriminalized the use of medical marijuana, making it the 26th nation to do so. Georgia is a “medical cannabis” low-THC oil patient registry state; after receiving a doctor’s or physician’s certification, patients registered with the Georgia Department of Public Health are able to legally purchase and possess low-THC oil in amounts up to 20 fluid ounces.
Punishment for Illegal Acts FAQ
What are the penalties for selling, gifting, transporting, or importing weed?
Selling, gifting, transporting, or importing weed in Georgia is illegal. Marijuana possession of one ounce or less is considered a misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or up to 12 months of community service. Possession with the intent to distribute is defined as possession with the purpose of selling, giving, or transporting. Possession of marijuana weighing 10 pounds or less is a felony punishable by one to ten years in prison.
What is the penalty for selling to a minor?
Possession with the intent to distribute near a school, park, or housing development by 1,000 feet, in a zone free from drugs, or a first offense of hiring, soliciting, engaging, or using a person under the age of 17 to produce, distribute, or dispense marijuana on behalf of the solicitor is punishable by up to 20 years in prison and/or a fine of up to $20,000.
What is possession with the intent to sell?
You are in possession with the intent to distribute cannabis if you have more than you could reasonably use or what is permitted by law.
Possession of marijuana weighing 10 pounds or less with the intent to distribute is a felony punishable by a sentence of one to ten years in prison.
Possession of more than 10 pounds but less than 2,000 pounds is punishable by a $100,000 fine and a minimum of five years in prison, with a 30-year maximum.
When is possession a crime?
Possession is a crime if you hold more than the legal limits or if suspected of intent to distribute or in this case have it at all in Georgia.
