Is Medical Marijuana Legal in Georgia?

Georgia still has some of the most strict marijuana laws in the United States. It is one of 21 states that still imposes jail time (can be as little as 24 hours) for possession of any amount of marijuana. And it is one of 14 states that does not have a fully fleshed out medical marijuana program, where patients can buy green leaf marijuana, its extracts, edibles and other substances for medicinal use. It does however have a limited medical marijuana program that was signed into law in 2019.

Georgia’s medical marijuana law allows for certain patients to possess up to 20 fluid ounces of low THC oil. Low THC oil is oil with less than 5% concentrate of THC, the main psychoactive substance in marijuana. In order to legally possess low THC oil you must have a low THC oil registry card that is issued by the Georgia Department of Public Health after referral from a qualified medical professional . It is still illegal to possess or sell green leaf marijuana, or to sell any marijuana at all, no matter what form it is in.

In order to qualify for a low THC oil registry card, you must be suffering from one of the following conditions taken from the Georgia Department of Public Health’s website here:

• Cancer, when such diagnosis is end stage or the treatment produces related wasting illness or recalcitrant nausea and vomiting

• Amyotrophic lateral sclerosis, when such diagnosis is severe or end-stage

• Seizure disorders related to the diagnosis of epilepsy or trauma related head injuries

• Multiple sclerosis, when such diagnosis is severe or end-stage

• Crohn’s disease

• Mitochondrial disease

• Parkinson’s disease, when such diagnosis is severe or end-stage

• Sickle cell disease, when such diagnosis is severe or end-stage

• Tourette’s syndrome, when such syndrome is diagnosed as severe

• Autism spectrum disorder, when (a) patient is 18 years of age or more, or (b) patient is less than 18 years of age and diagnosed with severe autism

• Epidermolysis bullosa

• Alzheimer’s disease, when such disease is severe or end-stage

• AIDS when such syndrome is severe or end-stage

• Peripheral neuropathy, when symptoms are severe or end-stage

• Patient is in hospice program, either as inpatient or outpatient

• Intractable pain

• Post-traumatic stress disorder resulting from direct exposure to or witnessing of a trauma for a patient who is at least 18 years of age

Children cannot possess a low THC oil registry card. Each parent or guardian responsible for care of a child who qualifies must possess their own card in order to legally possess low THC oil. The biggest issue with Georgia’s low THC oil law is that it does not authorize or provide for access to low THC oil. It leaves finding the medicine to the holder of the low THC oil registry card. There are currently no legal dispensaries of low THC oil in Georgia although some may be licensed soon.

As you can see, Georgia’s low THC oil law appears to be nothing more than a decriminalization of a very limited type of medical marijuana for holders of a low THC oil registry card. There is no ability to grow, possess, or sell marijuana for medical marijuana patients in Georgia. Also, a medical marijuana card from another state will likely not be recognized in Georgia. However, there are nine cities and counties in Georgia that have taken steps to decriminalize simple possession of green leaf marijuana less than one ounce through city and county ordinance.

Atlanta, Clarkston, Forest Park, Unincorporated Fulton County, Kingsland, Macon-Bibb County, Savannah, South Fulton, and Tybee Island have all made simple possession of marijuana a maximum $150 fine if charged under the city or county ordinance violation for law enforcement. It is important to know that some police officers still charge people under the state law marijuana statute and that you can be prosecuted in these cities and counties for misdemeanor violations if that happens.

If you have any questions about Georgia’s Medical Marijuana laws or Georgia marijuana laws in general, feel free to call or text to 678-753-6431 or e-mail at ryan@ryanwalshlegal.com.