KHN – Georgia’s stance on cannabis remains notably stringent compared to many other U.S. states. While certain allowances exist for medical purposes, recreational use and possession of marijuana are largely prohibited. This article provides a comprehensive overview of the current cannabis laws in Georgia, highlighting key regulations and recent legislative developments.
Medical Use: Low THC Oil
In 2015, Georgia enacted a law permitting qualified individuals to possess up to 20 fluid ounces of low THC oil, derived from the marijuana plant. This oil must contain no more than 5% THC, the psychoactive component of cannabis.
To legally possess this oil, patients must be registered with the Georgia Department of Public Health and obtain a Low THC Oil Registry Card. This card serves as proof of authorization, protecting patients from arrest for possession of the oil. However, the sale or possession of other forms of marijuana remains illegal in Georgia.
Eligibility for Low THC Oil
To qualify for the Low THC Oil Registry, patients must have a diagnosis of one of the following medical conditions:
- Cancer
- Seizure disorders
- Multiple sclerosis
- Crohn’s disease
- Mitochondrial disease
- Parkinson’s disease
- Sickle cell disease
- Tourette’s syndrome
- Autism spectrum disorder
- Epidermolysis bullosa
- Peripheral neuropathy
- AIDS
- Alzheimer’s disease
- Cachexia or wasting syndrome
- Post-traumatic stress disorder (PTSD)
Patients must have been residents of Georgia for at least one year and have their condition certified by a registered physician. Once approved, the patient or their caregiver can apply for the Low THC Oil Registry Card through the Georgia Department of Public Health.
Recreational Use and Possession
Recreational use of marijuana is illegal in Georgia. Possession of one ounce or less is classified as a misdemeanor, punishable by up to one year in prison and/or a fine of up to $1,000. Possession of more than one ounce is a felony, carrying a sentence of one to ten years imprisonment.
Some municipalities, such as Atlanta, have enacted local ordinances decriminalizing possession of small amounts of marijuana, reducing penalties to a fine without jail time. However, these local laws do not override state law, and individuals can still face state charges.
Hemp and CBD Products
The Georgia Hemp Farming Act, effective October 1, 2024, regulates the cultivation and sale of hemp and hemp-derived products, including CBD. The law sets strict limits on delta-9 THC content in these products and prohibits the sale to individuals under 21.
Specifically, consumable hemp products cannot contain more than:
- 10mg of delta-9 THC per serving or 150mg per package for edibles
- 5mg of delta-9 THC per serving for beverages
Legal Implications and Enforcement
Despite allowances for low THC oil, the sale, distribution, and possession of marijuana in forms other than the specified low THC oil remain illegal. Law enforcement agencies in Georgia continue to enforce these laws rigorously. Individuals found in violation may face severe legal consequences, including imprisonment and substantial fines. It’s crucial for residents and visitors to understand and comply with state and local laws to avoid legal repercussions.
Recent Legislative Developments
In recent years, there have been discussions and proposed bills aimed at expanding medical marijuana access and decriminalizing recreational use. However, as of now, no significant changes have been enacted. Advocacy groups continue to push for reform, citing potential medical benefits and economic opportunities. Residents interested in these developments should stay informed through official state channels and reputable news sources.
Conclusion
Georgia maintains strict cannabis laws, with limited allowances for medical use in the form of low THC oil. Recreational use and possession of marijuana are illegal and carry significant penalties. The state also regulates hemp-derived products, imposing age restrictions and THC content limits. Understanding these laws is essential for residents and visitors to navigate the legal landscape effectively and avoid potential legal issues.
For more detailed information and updates on Georgia’s cannabis laws, visit the Georgia Department of Public Health.