Georgia Marijuana Laws
Is cannabis legal in the Peach State? What can you buy? Here’s everything to know about Georgia marijuana laws.
So, is marijuana legal in Georgia?
Let's find out.
When states legalize marijuana, they usually establish different rules and regulations to guide their medical marijuana program. These laws may differ by state, but one thing is common among them, they all approve the purchase, use, and possession of medical marijuana. By contrast, Georgia’s medical marijuana laws are very peculiar.
The state has the most restrictive medical marijuana laws, and some people even argue that they don’t have a medical marijuana program.
Due to the unique nature of marijuana in Georgia, it is crucial for residents to understand the laws and what options are available to patients who need medical marijuana to alleviate their conditions.
We assume a critical question on your mind is, “is marijuana legal in Georgia?” You might also want to know where to buy medical marijuanas in Georgia.
Here, we’ll break down the complex Georgia marijuana laws.
Is Medical Marijuana Legal in Georgia?
Georgia does not have a medical marijuana program, meaning it is illegal to buy or sell marijuana in Georgia. Information from the Georgia Department of Public Health (DPH) makes this very clear.
The DPH states, “Georgia’s law is much more limited than some other states’ medical marijuana laws. For example, it does not legalize the sale or possession of marijuana in leaf form, and it does not authorize the production or sale of food products infused with low THC oil or the ingestion of low THC oil through vapor.”
However, a narrow provision allows patients suffering from qualifying conditions to use low THC oil.
In 2015, the Georgia General Assembly approved the Haleigh’s Hope Act. This law made it legal for registered patients and their caregivers to possess a limited amount of low THC oil (oil with less than 0.5% THC.) And on April 16, 2016, Governor Nathan Deal signed it into law.
One major flaw in Haleigh’s Hope Act was that it did not provide patients with safe access to low THC oil.
In 2019, the legislature remedied that error when it approved Georgia’s Hope Act, which allowed licensed producers to produce low THC oil within the state.
According to the DPH, “Georgia’s medical marijuana law allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant.” Qualifying patients can possess up to 20 fluid ounces of low THC oil.
Do I Need an ID Card to Buy Low-THC Oil?
An ID card offers legal protection, so you’re free from prosecution if the police find you with THC oil.
You need this ID card to buy THC oil in Georgia because it is unavailable to all state residents; only registered patients can purchase and possess low-THC oil.
You must register with the Department of Public Health and get an ID card.
Fortunately, Elevate Holistics knows everything about the application process and can help you with it. Click here for more information.
Who Can Certify Patients for Low-THC Oil Treatment?
Patients who want to use low-THC oil must get a doctor’s recommendation before registering.
Does this mean any doctor can recommend you for low-THC oil? No, you can get a recommendation only from doctors who fulfill the following specific requirements:
- They must be a physician licensed in Georgia
- Must have a bonafide doctor-patient relationship with the patient
- Must diagnose and treat the patient with the specific qualifying condition needing low-THC oil therapy
What are the Georgia Medical Marijuana Qualifying Conditions?
Only patients suffering from the following conditions can use low-THC oil in Georgia.
- Alzheimer’s disease
- Amyotrophic lateral sclerosis
- Autism spectrum disorder
- Crohn’s disease
- Epidermolysis bullosa
- Those on hospice care
- Intractable pain
- Mitochondrial disease
- Multiple sclerosis
- Parkinson’s disease
- Peripheral neuropathy
- Sickle cell disease
- Tourette’s syndrome
Note that you can only qualify when the condition is severe or at the end stage.
Can Patients Have Caregivers?
Georgia medical marijuana laws allow registered patients to have caregivers, but the caregivers must apply for a low-THC registry card.
Where to Buy Medical Marijuanas in Georgia
While low-THC oil is legal, there’s nowhere to buy marijuanas in Georgia.
The Georgia Medical Cannabis Commission states that “the Commission has not yet issued Dispensing Licenses, and the Commission is not accepting applications for Dispensing Licenses at this time. The Commission has not promulgated Rules for Dispensing Licenses.”
There are no licensed dispensaries for low-THC oil in Georgia, so patients are left to source the oil themselves. However, if the authorities find low-THC oil in their possession, they have legal protection from prosecution.
Can Patients Grow Their Own Marijuana?
What if you would like to grow your own marijuana to produce your own low-THC oil at home? You can’t do that; it is illegal to grow marijuana in Georgia and carries stiff penalties.
The cultivation of up to 10 pounds or less of marijuana in Georgia is a felony that carries a maximum of 10 years in jail and a $5,000 maximum fine.
What is the Georgia Marijuana Possession Limit?
It is illegal to possess marijuana in Georgia. According to Georgia medical marijuana laws, registered patients may possess only 20 ounces of low-THC oil.
If you’re still pondering the question, is marijuana legal in Georgia? The DPH states that “possession of any form of marijuana by an unauthorized person is and remains a violation of state and federal law.”
The possession of marijuana in Georgia carries stringent penalties. If you possess one ounce or less of marijuana in Georgia, you commit a misdemeanor punishable by one year in jail and up to $1,000 in fines.
Possession of more than one ounce of marijuana in Georgia is a felony with a maximum jail time of ten years and up to $5,000 in fines.
What are Other Georgia Marijuana Penalties?
We’ve talked about the penalties for possession and cultivation of marijuana in Georgia but are there other marijuana-related offenses punishable by Georgia marijuana law? Yes, there are.
Possession With Intent to Distribute
Possessing marijuana in Georgia with intent to distribute usually carries higher penalties than simple possession. These penalties include the following:
- Possession of 10 pounds or less of marijuana with intent to distribute is a felony punishable by up to ten years in jail and a $5,000 fine.
- The possession of 10 pounds to 2000 pounds with intent to distribute is a felony punishable by up to thirty years in jail and a $100,000 maximum fine.
- Possession of any amount of marijuana in Georgia within 1,000 feet of a school, park, housing project, or within a drug-free zone is a felony punishable by up to forty years in jail and a $40,000 maximum fine.
Penalties for Sale of Marijuana in Georgia
Finding where to buy medical marijuanas in Georgia is difficult since the laws and penalties for sale are stringent. According to the DPH, “it is a violation of state and federal law for unauthorized persons to sell any form of marijuana.”
The sale or distribution of 10 pounds or less of marijuana in Georgia is a felony punishable by up to ten years in jail and a $5,000 fine.
Also, selling or distributing 10 pounds to 2000 pounds is a felony punishable by up to thirty years in prison and a $100,000 fine.
Selling or delivering marijuana in Georgia within 1,000 feet of a school, park, housing project, or within a drug-free zone is a felony punishable by up to forty years in jail and a $40,000 maximum fine.
Marijuana Paraphernalia Penalties in Georgia
The sale or possession of marijuana paraphernalia in Georgia is a misdemeanor punishable by one year in jail and a $1,000 fine. Subsequent paraphernalia offenses carry higher penalties.
Begin Your Journey to Wellness With Elevate Holistics
Is marijuana legal in Georgia? No. As we’ve also explained, Georgia medical marijuana laws are quite the maze, but you don’t have to get stuck in it. We can help you navigate the laws so you can arrive at the best possible outcomes.
At Elevate Holistics, we take marijuana access seriously, ensuring our clients get the best possible care without breaking any law.
Our team of qualified marijuana doctors is on hand to answer your questions.
Even though we don’t operate in Georgia, we can point you in all the right directions. Contact us now by clicking here