Is Marijuana Legal in Georgia?

is weed legal in georgia
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The marijuana community generally considers Georgia as one of the most restrictive states to possess or consume cannabis. Like the surrounding southern states, Georgia has very little tolerance for marijuana with the slightest of possession usually leading to a felony charge. However, the state is still technically legal for medical marijuana, albeit in the most restrictive form. The following explores the limited laws that govern the legality (or illegality) of cannabis in the state of Georgia.

Is weed legal in Georgia?

No, all forms of recreational use of marijuana are prohibited in Georgia.

When will weed be legal in Georgia?

While it is currently unclear whether this will happen or when it will, there are several pending legislation to legalize and commercialize weed in Georgia. Some of these pending legislations are aimed at forcing through a ballot initiative to legalize cannabis across the state.

Are edibles legal in Georgia?

Unfortunately not. Edibles are still illegal in Georgia.

Is medical marijuana legal in Georgia?

This is where it starts to get tricky. Although medical marijuana is still illegal in Georgia, there is an exception. Medical CBD that meets certain conditions can be permitted. For instance, medical CBD that’s high in CBD and low in THC is generally legal. However, the medical CBD must be in extracts form. For example, CBD oils generally meet this requirement.

How to get medical marijuana in Georgia

To access CBD Oil in Georgia, patients and their caregivers must be enrolled in the state’s Low THC Oil Registry. The Georgia Department of Public Health (DPH) and Georgia Composite Medical Board collaborate in the management of the patient registry. Patients can generally enter the registry by getting a doctor’s recommendation and paying a $25 fee, after which a card is issued.

However, since the state is still setting up its seed-to-sale program, patients can’t purchase CBD oil in the state for now. When the system is fully set, patients in Georgia can possess and purchase up to 20 fluid ounces of oil with no more than 5% THC.

Can I go to a dispensary without a card in Georgia?

There are currently no dispensaries in Georgia. However, the state is currently setting up its marijuana system for its low THC Oil which will include licensing outlets that can sell CBD Oil statewide. However, if you’re in possession of CBD Oil, a Low THC Registry Card will prevent you from getting arrested.

How long does it take to get your medical card in Georgia?

Low THC Oil Registry cards are typically available for pickup by patients and their caregivers within 15 business days from the application date.

Does Georgia accept out-of-state MMJ cards?

Yes, Georgia allows reciprocity for out-of-state medical marijuana cards. Out-of-state patients will however need to fill a visiting patient form and show their medical marijuana cards.

Marijuana bills/laws in Georgia & key questions

In April 2015, House Bill 1 (HB 1 or Haleigh’s Hope Act) was signed by Governor Nathan Deal. This paved the way for the creation of a patient registry that includes those legally allowed to possess oil with less than 5% THC by weight. Although this law legalized the possession of CBD Oil, it did not include any provisions for its sales and purchase across the state.

In May 2018, Governor Deal signed SB 16 into law. SB 16 went into effect in July 2018 and expanded both access to CBD Oil and the list of qualifying conditions required to enter the patient registry. Despite the progress that SB 16 brought, the existing challenges with the existing laws remained. For instance, patients were still unable to purchase the oil statewide.

In July 2019, HB 324 or Georgia’s Hope Act went into effect. It made it lawful for registered patients to purchase CBD Oil across the state. This law gave the Georgia Access to Medical Cannabis Commission oversight powers to set up in-state cultivation, production, and dispensing systems. It also set a possession limit of 20 fluid ounces for registered patients.

How much marijuana can I have in Georgia? (in oz)

The marijuana law in Georgia currently allows the possession of up to 20 fluid ounces of oil with no more than 5% THC.

Is Marijuana decriminalized in Georgia?

No, marijuana is not entirely decriminalized in Georgia. Any possession of over 1 ounce is considered a felony in most parts of Georgia. Also, possession of 1 ounce or less is a misdemeanor and punishable by a $1000 fine and a year in jail. However, cities like Atlanta, Savannah, and a few others have already decriminalized cannabis possession.

Is there a fine or penalty for marijuana possession in Georgia?

Generally, possession of 1 ounce or less is a misdemeanor and punishable by a $1000 fine and a year in jail. For cities like Atlanta that have already decriminalized marijuana possession, the penalty for possession of up to 1 ounce ranges between $75 to $300.

How many cannabis plants per household?

Home cultivation of cannabis is still illegal in Georgia.

Georgia dispensaries regulations

The Georgia Access to Medical Cannabis Commission oversees the dispensing of low THC oil in Georgia.

Georgia growers regulations

House Bill 324 empowers the Georgia Access to Medical Cannabis Commission to oversee the growing, manufacturing, and dispensing of low THC oil in Georgia.

Closing thoughts

While it might be hard to predict the future of marijuana legalization in Georgia, it’s clear that the wave is already blowing down south. For example, who would have thought that Virginia would legalize recreational cannabis surrounded by many non-legal states? However, Georgia’s current marijuana laws are perhaps too restrictive to encourage growth.

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