Marijuana laws in Georgia are among the strictest in the United States. Some states have legalized marijuana for recreational or medical use, but Georgia remains largely restrictive. However, there are nuances to the state’s laws, including limited allowances for medical cannabis and varying penalties based on the amount of marijuana involved.

This blog post provides an overview of Georgia’s marijuana laws, including penalties for possession, details about the state’s medical marijuana program, and efforts toward decriminalization.

Is Marijuana Legal in Georgia?

In short: No. Recreational marijuana use is illegal in Georgia, and possession of any amount is a criminal offense. However, certain patients with qualifying medical conditions can legally possess low-THC oil under Georgia’s medical cannabis program.

Penalties for Marijuana Possession in Georgia

Georgia imposes strict penalties for marijuana possession, which depend on the amount involved:

Possession of Less Than One Ounce

• Classification: Misdemeanor
• Penalties:
  • Up to 12 months in jail
  • Fines up to $1,000
  • Possible probation or community service

Possession of More Than One Ounce

• Classification: Felony
• Penalties:
  • 1 to 10 years in prison
  • Higher fines

Even small amounts can lead to serious consequences, including a criminal record that impacts employment opportunities and housing applications.

Medical Marijuana in Georgia: What’s Allowed?

Georgia has a limited medical cannabis program that allows qualified patients to possess low-THC oil. Here’s what you need to know:

What Is Low-THC Oil?

Low-THC oil contains no more than 5% THC (tetrahydrocannabinol), the psychoactive compound responsible for the “high” associated with marijuana. It is used strictly for medical purposes and does not include smokable or edible forms of cannabis.

Who Qualifies for Medical Cannabis?

Under Georgia’s Low THC Oil Registry, patients with certain qualifying conditions can legally possess up to 20 fluid ounces of low-THC oil. Qualifying conditions include:

• Cancer (end-stage or treatment-related)
• Seizure disorders
• Multiple sclerosis
• Crohn’s disease
• Parkinson’s disease
• Sickle cell disease
• Post-traumatic stress disorder (PTSD)
• Autism (for patients under 18)
• Severe or end-stage Alzheimer’s disease
• Hospice care patients

Patients must obtain a recommendation from a certified physician and register with the Georgia Department of Public Health to receive a Low THC Oil Registry card.

Challenges with Access

While possession is legal for registered patients, obtaining low-THC oil within Georgia remains difficult due to limited production and distribution infrastructure. Legislation passed in 2019 allowed licensed growers and dispensaries, but implementation has been slow.

Decriminalization Efforts in Georgia

Although recreational marijuana remains illegal statewide, some cities and counties have taken steps toward decriminalizing small amounts of marijuana. Decriminalization reduces penalties for possession from criminal charges to civil fines.

Cities That Have Decriminalized Marijuana

Several cities have passed local ordinances decriminalizing possession of small amounts (less than one ounce). These include:

• Atlanta: $75 fine with no jail time
• Savannah: $150 fine
• Clarkston: $75 fine

It’s important to note that decriminalization only applies within city limits. Outside these areas, state law still applies.

Driving Under the Influence (DUI) of Marijuana

Driving under the influence of marijuana is illegal in Georgia. Even registered medical cannabis patients using low-THC oil can face DUI charges if impaired while driving.

Penalties for DUI Convictions

Penalties may include:

• Fines
• Jail time
• License suspension
• DUI education programs

Law enforcement officers may use field sobriety tests or blood tests to determine impairment.

Federal Law vs. State Law

While some states have legalized marijuana, it remains illegal under federal law. Transporting marijuana across state lines—even from a legal state—is a federal offense. Additionally, marijuana use is prohibited on federal property such as national parks and military bases.

The Future of Marijuana Legislation in Georgia

The conversation around marijuana legalization continues to evolve nationwide, and public opinion in Georgia has shifted over time. According to recent polls, many Georgians support expanding access to medical cannabis and decriminalizing small amounts for recreational use.

Several bills have been introduced in the Georgia legislature over the years to expand access or reduce penalties, but progress has been slow due to opposition from lawmakers. Advocacy groups continue pushing for reform at both state and local levels. As more states legalize marijuana and public opinion grows increasingly favorable, it’s possible that Georgia’s laws will change in the future.

What Should You Do If Charged with Marijuana Possession?

If you’re charged with marijuana possession in Georgia:

1. Know and Understand Your Rights: You have the right to remain silent and consult an attorney.
2. Hire an Attorney: A criminal defense attorney experienced in drug laws can help navigate your case and potentially reduce penalties.
3. Explore Alternatives: First-time offenders may qualify for diversion programs or conditional discharge, which can help avoid a permanent criminal record.

Conclusion

Marijuana laws in Georgia remain among the strictest in the country, with harsh penalties for recreational use and limited access even for medical patients. While some cities have taken steps toward decriminalization, statewide reform has been slow-moving.

Understanding these laws is crucial whether you’re a resident or just passing through Georgia. If you’re considering using medical cannabis or find yourself facing charges related to marijuana possession, consulting with an attorney who specializes in drug laws can help protect your rights.

As public attitudes toward cannabis continue shifting nationwide, it will be interesting to see how Georgia’s laws evolve over time. Until then, staying informed about current regulations is your best defense against potential legal trouble.

Disclaimer

The information provided on this blog is for general informational purposes only and is not intended to serve as legal advice. While I am a paralegal, I am not a licensed attorney, and the content shared here should not be construed as such.

No attorney-client relationship is formed through the use of this blog or by any communication with me. For specific legal advice tailored to your situation, please consult with a qualified attorney who is licensed to practice law in your jurisdiction.

I strive to ensure that the information presented is accurate and up-to-date; however, I make no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of any information contained on this blog. Any reliance you place on such information is strictly at your own risk.

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