Where's Weed
Where's Weed - Georgia

Georgia

Cannabis in Georgia

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Georgia Cannabis Laws

Is Weed Legal in Georgia?

No, both recreational and medical marijuana are illegal in Georgia. However, the state in a sense is preparing for its legalization. While full-strength medical marijuana is still not legal, eligible patients are allowed to possess up to 20 ounces of cannabis oil with less than 5% THC content. This was passed in April of 2015 when Governor Nathan Deal signed into law House Bill 1. The program is rather small and rather restrictive with very few qualifying conditions. In May of 2018, Governor Deal slightly expanded this cannabis oil program by allowing people with PTSD and chronic pain to partake.

Buying Marijuana in Georgia 

It is clear that Georgia voters want to legalize cannabis on a medical and recreational scale but there has not been a bill drafted to address recreational marijuana. Although low-THC cannabis oil is legal across Georgia, a system to allow patients to actually purchase this medicine has not yet been created. In April of 2019, however, Governor Brian Kemp signed into law a bill that would allow licensed cultivators to grow marijuana in order to produce cannabis oil for retail. While this is a massive step on the journey of legalizing marijuana in Georgia, this program is still not operational. 

Buying Marijuana at a Retail Location

The Georgia state government legalized cannabis oil for medicinal purposes in 2015, but they did not offer patients a way to actually obtain this product. After nearly 5 years there is still no way in which the people of Georgia can purchase cannabis oil, but 2019 was a big step as it allowed cultivators to grow marijuana. We are hopeful that cannabis oil will be produced soon, and will keep this page updated!

Using a Marijuana Delivery Service 

Marijuana delivery is prohibited in Georgia as there has been no legal system implemented quite yet. With no mention in current legislation and drafts, it is unclear if or how Georgia will implement a marijuana delivery service once it becomes legalized. The sale or delivery of marijuana of any type currently is a felony in Georgia with a 1-10 year sentence and $5,000 in fines if caught. 

Store Hours

While the state has no program legalized or put in place, it’s too early to tell what store hours may be. Stay tuned!

Purchasing Restrictions

As of now, there is no legal system for purchasing any type of marijuana product in Georgia. Soon eligible patients will be able to purchase and possess up to 20 ounces of cannabis oil given there is a THC content of 5% or less. Some cities in Georgia, such as Atlanta, have decriminalized marijuana while others have not. If your city has not yet decriminalized marijuana, possession of anything less than 1 ounce is a misdemeanor with the potential for 1 year in prison and a maximum $5,000 fine. The more one possesses the higher the penalties get. For example, possession or purchase of more than 1 ounce is a felony that leads to 1-10 years of jail time and $10,000 in fines. 

Available Products

Cannabis oil is the only marijuana product that is legal in Georgia. However, while it has been legalized, it has not yet become available to patients due to growing restrictions within the state. These growing restrictions were just lifted in 2019 which means the medical marijuana program in Georgia can expand and make more products available. We’re hopeful that the expansion of Georgia’s medical marijuana program will happen soon.

Taxes on Marijuana in Georgia

Taxes on Recreational Marijuana in Georgia 

Recreational marijuana is outlawed in Georgia and there has been no legal system to maintain, regulate, and tax marijuana. Therefore, purchasing recreational marijuana involves illegal sales through the black market. If the Georgia police catch anyone selling or purchasing marijuana, they will crack down hard. It is too early on to tell how recreational marijuana might be taxed when it becomes legal, but we will continue to update when new bills are passed.

Taxes on Medical Marijuana in Georgia 

Georgia just recently introduced a bill that fully expands the sale, possession, and use of medical marijuana and illustrated the taxes and regulations of the sale. This information has not yet been made publicly available but with eager Georgian citizens, there is a good chance the bill will pass. Regardless, we will know Georgia’s tax ideas and regulations in the near future, and you can check back here as soon as the information is made public. 

Possession

For now, cannabis oil containing 5% or less THC is the only marijuana product that eligible patients are legally allowed to possess. Any other type of marijuana product is strictly illegal. While some cities have elected to decriminalize marijuana, it has not yet been decriminalized on a state level. Therefore, if you don’t live in Atlanta where minor possession is decriminalized you can expect the following penalties:

 

  • 1 ounce or less – Misdemeanor, 1 year of jail time, $1,000 fine

  •  More than 1 Ounce – Felony, 1 – 10 years of jail time, $5,000 fine

Using Marijuana in Georgia 

Georgia does not allow for the consumption of marijuana in any capacity unless you are an eligible patient. What you may not know is that CBD containing less than 0.3% THC was legalized by the federal government, but states can determine their own laws about substances and Georgia did just that. Georgia made it illegal to consume any THC products if you are not an eligible patient- no matter how much THC it contains. So, things get confusing here as people are allowed to purchase low-THC products online due to its federal legalization. While the police rarely seek out people using CBD oil, it is still technically illegal in the state. Therefore, CBD should only be consumed in private to avoid any sort of disturbance with law enforcement. 

Smoking on Federal Lands

As you may know, marijuana of any kind is still illegal on a federal level. Essentially what this means is that any land that is owned by the federal government puts you in federal jurisdiction where marijuana is illegal. Therefore, if you are caught possessing and/or consuming marijuana on federally owned land, you will be prosecuted by the federal government. 

Medical Marijuana in Georgia

Medical marijuana in Georgia is pretty much nonexistent and the state has even made CBD oil illegal for those who do not register to consume it. This can be a very confusing law because CBD oil is legal under federal legislation, so long as it contains less than 0.3% THC. Therefore, people everywhere are purchasing CBD products from grocery stores or gas stations in just about any form. However, Georgia citizens must watch out because they could face issues from law enforcement and fines for possessing CBD without a permit. 

How to Get a Medical Marijuana Card in Georgia 

Getting a medical marijuana card in Georgia is quite simple but it doesn’t really offer much. However, if you want to get one, here are the following steps:

1.     Schedule an appointment with a physician to get your medical condition approved.

2.     After approval, the patient's name will be entered into the Low THC Oil Registry.

3.     Finally, a medical card will be issued to you in the mail after about 15 days. 

Out of State Medical Cards Georgia

Georgia does in fact allow reciprocity, meaning out-of-state medical marijuana cards are accepted. Once a system is put in place for cultivation and sales, patients from out of state can show their valid medical marijuana card and purchase cannabis oil with up to 5% THC. Since medical marijuana is technically still illegal in Georgia, patients from out of state may not bring in medical marijuana and they must purchase cannabis oil products from licensed dealers in Georgia.

How to Transport Marijuana in Georgia

Transporting Marijuana in Georgia

Marijuana cannot be transported in Georgia as it is still illegal. The only substance related to marijuana that one is allowed to bring in their car is cannabis oil. While CBD is legal across the country, Georgia has made it so one must have a med card in order to purchase any form of cannabis oil. Therefore, if you have a medical marijuana card in Georgia you are allowed to drive with cannabis oil, but it must be out of reach of the driver. The best place to put your cannabis oil is behind the back seat or trunk and not in the glovebox. 

Driving While Under the Influence of Marijuana 

There is no legal limit for driving under the influence of marijuana in Georgia. Instead, any trace of marijuana in one’s system is illegal as it is still illegal on a state level. Driving under the influence of marijuana is always a bad idea and can result in massive legal problems similar to that of a DUI.

Driving Across State Lines with Marijuana 

As you may know, the state borders are under federal jurisdiction, where weed is still illegal. Therefore, driving across state lines puts the driver and anyone in the car under federal law. If caught transporting marijuana across state lines, one will be prosecuted on a federal level which levies massive fines and possible jail time, even if weed is legal in the state you are driving to. Therefore, be smart and never attempt to cross state lines, the feds will be looking for you!

Growing Marijuana in Georgia 

Growing marijuana is illegal in Georgia. In fact, licensed growers haven’t even begun operations due to the rules and regulations in Georgia. If anyone is caught growing marijuana, medical card or not, they will face massive fines, jail time, and be charged as a felon.  

Resources

Frequently asked questions about cannabis in Georgia