Weed Laws in Georgia
Georgia is one of the southernmost states on the East Coast. Its rich history stretches from the Revolutionary War through the Civil War and into the 20th century when it was a center for the civil rights movement.
Georgia is also a destination for anyone who loves the outdoors. The state has one of the longest coastlines in the East. Inland, Georgia is home to several national parks and the end (or the start, if you prefer) of the Appalachian Trail. Visitors can also take in historic sites, including a prehistoric Native American site in Macon and Dr. Martin Luther King Jr’s birthplace.
Fans of music, movies, and TV will be overwhelmed with Georgia’s rich arts and film scene. In fact, there’s a good chance one of your favorite TV shows was filmed in Georgia. The Walking Dead was famously filmed in the state, and you can visit many iconic locations from the series. Many famous locations from Netflix hit Stranger Things can be found in Georgia too. That’s only the tip of the iceberg. More shows than ever are being filmed in Georgia.
If music is more your thing, Georgia is home to legendary musical acts like Ray Charles, The Allman Brothers Band, and R.E.M. You can visit the locations where iconic album covers were shot or visit the places where your favorite artist’s musical journey began. Georgia is also home to music festivals and a thriving live music scene.
Is Weed Legal in Georgia?
YES, Georgia has a limited medical program for low-THC cannabis oil. However, the consumption of marijuana is not legal for recreational purposes in the state of Georgia.
Weed Legalization in Georgia
Georgia’s history with Cannabis is not without its twists and turns. Georgia was actually one of the first states to legalize medical cannabis in 1980 when the state passed legislation allowing patients with glaucoma and cancer to use cannabis medicinally. However, the law sat on the books without the program ever starting.
It wasn’t until 2015 that Georgia lawmakers would pass another piece of legislation addressing medical cannabis, although this one would be much more restrictive. It only allowed the use of low-THC cannabis oil and never established a program to actually get patients their medication.
In 2019, Georgia passed HB 324. The legislation finally established the framework for Georgia’s medical low-THC cannabis program. The state awarded licenses to two companies to cultivate and distribute cannabis oil in late September 2022, and sales are expected to begin by early 2023.
As of 2023, the consumption of low-THC cannabis is legal for medicinal use in the state of Georgia.
Cannabis Tax in Georgia
There are no legal dispensaries for low-THC cannabis oil currently in operation in Georgia, and the state has no plans to charge an additional tax when its sale becomes available, beyond the state’s 4% sales tax.
Is Cannabis Delivery Available in Georgia?
NO, marijuana delivery is not available for either medicinal or recreational purposes in the state of Georgia.
Where Can You Legally Use Weed in Georgia?
Low-THC cannabis can be legally used in the following areas in Georgia:
🗹 Private properties such as residences
Cannabis CANNOT be consumed in:
X Public spaces
X Businesses that lack a license for commercial cannabis consumption
X Motorized vehicles in motion, for both driver and passengers
X Federal land, like national parks
What are the Restrictions on Cannabis Possession in Georgia?
Georgia does not have a medical marijuana program like most states which allow medical cannabis. Instead, the state has a low-THC medical cannabis program that allows patients with specific conditions access to cannabis oil with less than 5% THC. Registered patients are allowed to possess up to 20 fluid ounces of low-THC cannabis under the program.
Frequently Asked Questions About Marijuana in Georgia
How long does it take to process my MMJ application in Georgia?
Georgia can take up to 15 business days to process your application once the physician enters it into the system. Once your card is ready, you'll receive a call from the health department to find out which of the state's 20 offices will be most convenient for pick up.
Can I smoke marijuana in public in Georgia?
Absolutely not. In fact, you can't smoke marijuana in Georgia at all. The ONLY legal form of cannabis in the state is 20 ounces or less of low-THC oil. Low-THC oil is defined as “an oil that contains not more than 5 percent by weight of tetrahydrocannabinol (THC) and an amount of cannabidiol (CBD) equal to or greater than the amount of tetrahydrocannabinol.” This type of low-THC oil can't be smoked because it contains mostly carrier oil that would likely damage the lungs.
What types of cannabis products are allowed in Georgia? Can you buy flower in Georgia?
The only cannabis product legally available in Georgia is low-THC oil. No other forms, including flower, edibles, and oil containing more than 5% THC with an equal or greater amount of CBD can be possessed. It is not legal to cultivate your own cannabis in Georgia.
Is it legal to drive with cannabis in the car in Georgia?
You can transport your cannabis in the car in Georgia, but make sure that you have it tightly sealed. Do NOT ever drive while under the influence of cannabis. 1:1 THC oil can still make a patient high and unsafe for driving.
Can I get marijuana delivered to my home in Georgia?
No. There currently aren't any open dispensaries in Georgia. The state is writing regulations that will allow the operation of dispensaries soon.
Can I be evicted for using medical marijuana in Georgia? Can a landlord refuse to rent to a medical marijuana patient?
The law doesn't really cover this because it's unlikely a Georgia landlord would even know that a patient is using low-THC oil. Georgia doesn't allow home cultivation or smoking of cannabis, which are the usual causes of conflict between MMJ patients and their landlords. If you have concerns about how your use of low-THC oil will affect your tenancy, please contact a qualified attorney.
Can a school or university deny me admission because I'm a medical marijuana patient in Georgia?
Georgia's limited medical marijuana program does not address these rights. It's unlikely that a patient's use of low-THC oil in compliance with Georgia's law will cause a conflict with their school. The law does not allow smoking flower or home cultivation.
Can I be fired for using medical marijuana? Are employers allowed to drug test for cannabis in Georgia?
Yes, employers are still allowed to test for cannabis in Georgia.
Can I be denied an organ transplant if I become a medical marijuana patient in Georgia?
Yes. Georgia hasn't included any employment or other discrimination protections yet.
How do I find a qualified medical marijuana doctor in Georgia? Can a dentist or nurse practitioner recommend marijuana in Georgia?
No. Only a physician, such as an MD or DO, with an active DEA registration can recommend low-THC oil in Georgia.
Is it possible for my city or town to ban cannabis facilities in Georgia?
Georgia's low-THC oil program is in its infancy at the moment. Cultivation has yet to begin. Once the state has completed its medical marijuana regulations, we'll be able to provide more information.
How much is the tax on cannabis in Georgia?
Georgia hasn't begun cannabis sales yet.
Where can I buy medical and recreational marijuana in Georgia?
Georgia med card holders can purchase low-THC cannabis from licensed dispensaries in the state.
Can I grow my own cannabis in Georgia?
No. Neither patients nor caregivers are allowed to cultivate cannabis at home.
How much marijuana can I purchase and possess in Georgia? What’s the limit?
You can possess up to 20 ounces of low-THC oil containing up to 5% THC by weight along with an equal or greater amount of CBD.
Can I get a medical marijuana card in Georgia if I have a criminal record?
There are no prohibitions against Georgia residents with a criminal record from getting a medical marijuana card in Georgia. You must, however, have been a resident of the state for at least a year.
Can I own a gun if I have a medical marijuana card in Georgia?
Federal law prohibits gun ownership for firearms registration applicants who use cannabis. Some states have enacted local legal protections for medical marijuana patients, but Georgia has not.
How is the decision made as to whether a medical patient needs a primary caregiver in Georgia?
The patient's provider is responsible for registering a primary caregiver if it's deemed necessary for the patient to have one. Currently, only legal guardians or parents can become medical marijuana caregivers in Georgia.
Are caregivers allowed to provide care for multiple patients in Georgia?
Only parents of children or legal guardians of adults or children can become medical marijuana caregivers in Georgia.
How can I change who my primary caregiver is in Georgia?
Your physician must designate your primary caregiver in Georgia. Only parents of children or legal guardians of adults or children can become medical marijuana caregivers in Georgia.
Who can become a primary caregiver in Georgia?
Only parents of children or legal guardians of adults or children can become medical marijuana caregivers in Georgia.
How are primary caregivers chosen in Georgia?
Your physician will designate your primary caregiver in Georgia if they decide you need one. Only parents of children or legal guardians of adults or children can become medical marijuana caregivers in Georgia.
Can I become a medical marijuana caregiver in Georgia if I have a criminal record?
Georgia hasn't fully promulgated the regulations for its medical marijuana program at this time. More information will be available soon.
How long is my Georgia low-THC cannabis card good for?
Georgia’s low-THC cannabis cards are valid for two years.
How will I get my low-THC cannabis card in Georgia?
Once you’re approved by the state, you will be contacted and asked which state office you would like to pick up your card at. The state will not mail you the card.
Please be aware that the Department may call you to verify your information and the doctor may want to verify your residency by checking the front and back of your ID. The Department has required some patients to update their address on their ID via the DMV before issuing their medical marijuana card.
The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
