Adults only (18+)

Legal Status of Cannabis in Georgia

Cannabis is not legal for recreational use in the state of Georgia. Possession, sale and cultivation of cannabis are all prohibited under state law and are treated as criminal offences. Possession of one ounce or less is classified as a misdemeanour and is punishable by up to one year in jail, a fine of up to $1,000 or both. Possession of more than one ounce is considered a felony and carries a penalty of between one and ten years in prison. Although these laws are strict, some local jurisdictions in Georgia have introduced reform measures that reduce penalties or provide alternatives to arrest for small amounts of cannabis. However, these local policies do not change state law and enforcement can still vary by region.

Medical Cannabis in Georgia

Georgia has a limited medical cannabis programme that allows registered patients to possess and use low-THC oil for certain medical conditions. The programme was established through the Haleigh’s Hope Act, passed in 2015, and later expanded to include more qualifying conditions. These include conditions such as epilepsy, Parkinson’s disease, multiple sclerosis, cancer, autism and post-traumatic stress disorder. The law permits patients to possess cannabis oil that contains no more than 5 percent THC and an amount of no more than 20 fluid ounces. However, the law does not permit the smoking or vaping of cannabis, and cultivation remains illegal. This has led to significant difficulties in access, as patients must rely on licensed dispensaries which only recently began opening in the state.

Access to Low-THC Oil

To legally obtain low-THC cannabis oil in Georgia, patients must be diagnosed with one of the approved medical conditions and receive certification from a physician. Once certified, they are entered into the Low-THC Oil Registry and issued a registry card by the Georgia Department of Public Health. This card allows them to possess and use the specified amount of cannabis oil. However, Georgia’s law has historically lacked a legal route for patients to purchase the oil in-state, forcing many to seek it from illegal sources or travel out of state, which is a federal offence. In 2023, the state began issuing licences for dispensaries to operate legally, addressing some of the longstanding access issues.

Recreational Use and Criminal Penalties

Recreational cannabis use is fully illegal in Georgia. Being caught with even a small amount can lead to arrest and a criminal record. For first-time offenders in possession of less than one ounce, a court may impose probation or community service in place of jail time, but this depends on the judge’s discretion and the jurisdiction. Possession of larger amounts, evidence of distribution or any form of cultivation is treated as a felony and may lead to imprisonment. Sale or trafficking of cannabis is punishable by several years in prison depending on the amount and whether the offence took place near a school or public park.

Local Decriminalisation Measures

Several cities in Georgia, including Atlanta, Savannah and Clarkston, have adopted ordinances that reduce penalties for possession of small amounts of cannabis. In Atlanta, for example, possession of less than one ounce may result in a fine of $75 with no jail time. These local measures are aimed at reducing the impact of minor cannabis offences on individuals, particularly within marginalised communities. However, state law still applies and individuals can still be charged under state law if local police or other agencies choose to enforce it. These ordinances provide some protection but do not offer legal immunity.

CBD and Hemp Products in Georgia

CBD products derived from hemp are legal in Georgia, provided they contain no more than 0.3 percent THC by dry weight. This change followed the passage of the 2018 federal Farm Bill, which legalised industrial hemp across the United States. In Georgia, CBD products are available in shops, health stores and online, and include oils, gummies, creams and supplements. These products are not considered part of the medical cannabis programme and do not require a prescription. Consumers should be cautious and ensure that products are labelled accurately and come from reputable sources, as quality and THC content can vary.

Cannabis Cultivation and Growing at Home

Growing cannabis at home is illegal in Georgia for both recreational and medical users. Cultivation is classified as a felony and can lead to significant prison time and fines. This includes even a single plant grown indoors for personal use. Licensed dispensaries are the only legal entities allowed to grow cannabis for use in the state’s low-THC oil programme. Home cultivation remains strictly prohibited and is actively enforced by law enforcement authorities. Anyone caught growing cannabis is likely to face felony charges regardless of intent or medical status.

Driving and Cannabis Laws

Driving under the influence of cannabis is illegal in Georgia and can result in arrest, fines, licence suspension and imprisonment. Unlike alcohol, there is no legal threshold for THC in the bloodstream under state law, so any detectable amount may be treated as impairment. Even medical cannabis patients are not exempt from these laws and must not drive while using cannabis oil. Law enforcement officers may conduct sobriety tests if impairment is suspected, and being found with cannabis in a vehicle without a medical registry card can also lead to possession charges.

Tourists and Travellers

Tourists visiting Georgia must follow the same cannabis laws as residents. Possession of cannabis is illegal unless the individual holds a valid Georgia-issued medical cannabis card. Out-of-state medical cannabis cards are not recognised, and bringing cannabis products into Georgia is considered illegal importation. This applies even to low-THC oils that are legally purchased in other states. Travellers should avoid carrying cannabis into Georgia or using it while visiting. Violation of state law can result in arrest, fines and possible jail time depending on the nature of the offence.

Future of Cannabis Legislation in Georgia

There is ongoing public and political debate about cannabis reform in Georgia. While some lawmakers and advocacy groups support broader medical access or recreational legalisation, legislative progress has been slow. Efforts to legalise adult-use cannabis have not yet passed through the state legislature, although polls show increasing public support for reform. The state’s medical programme continues to evolve, particularly with the opening of licensed dispensaries. However, recreational use remains prohibited and the legal landscape remains conservative. Until new legislation is passed, cannabis use outside of the low-THC oil programme will continue to be illegal.

In Summary

Cannabis is illegal for recreational use in Georgia and possession without a medical card can result in criminal charges. A limited medical cannabis programme allows qualified patients to use low-THC oil, but access has historically been difficult and home cultivation is not allowed. Some cities have adopted local decriminalisation measures, but state law still treats cannabis as a controlled substance. CBD products are legal if they contain less than 0.3 percent THC. Driving under the influence of cannabis and bringing it across state lines are illegal. While discussions about reform continue, current cannabis laws in Georgia remain strict and highly regulated.