Overview & Legal Status
Georgia has a very limited low-THC oil registry programme (HB 324, 2019) for medical use and does not permit adult-use cannabis. Only low-THC cannabis oil (≤5% THC) is legal for registered patients. Possession of any marijuana outside this programme is a criminal offence.
Key Facts
- Medical programme: Georgia's Low THC Oil Registry — Georgia Access to Medical Cannabis Commission (GAMCC)
- Adult-use: Fully illegal — no decriminalisation
- Hemp/CBD: Legal — Georgia Hemp Farming Act (2019), O.C.G.A. § 2-23-1 et seq.
- Regulator: Georgia Access to Medical Cannabis Commission (GAMCC) — medicalcannabis.georgia.gov
- Key limitation: Only cannabis oil with ≤5% THC is legal; no flower, edibles, or concentrates above 5% THC
Licensing
GAMCC Licence Types
- Class 1 Production Licence — large-scale cultivation and processing of low-THC cannabis oil; up to 100,000 sq ft canopy; 2 licences issued statewide
- Must be able to supply full patient registry
- Substantial financial and security requirements
- Class 2 Production Licence — smaller cultivation and processing; up to 50,000 sq ft; 4 licences issued statewide
- Dispensary Licence (Retail) — sale of low-THC oil to registered patients; 5 dispensaries per licensed producer
- No independent dispensary licences — tied to producer
- Must be within Georgia; no delivery licence currently
- No Delivery Licence — consumer home delivery is not authorised in Georgia
- Hemp Grower Licence — Georgia Dept. of Agriculture; hemp (≤0.3% THC) cultivation and processing
Georgia has one of the most restrictive cannabis licensing systems in the US — only 6 production licences total, tightly controlled, with no independent retail or delivery.
Taxation
Low-THC Oil Sales Tax4% state sales tax + local sales tax on medical cannabis oil purchases
State Sales Tax
4%
On low-THC oil sales
Local Sales Tax
2–5%
County and city rates vary
Hemp/CBD
4%+local
Standard GA sales tax
Adult-Use
N/A
Fully illegal
Implications
- Georgia does not have a cannabis-specific excise tax — standard state and local sales taxes apply to low-THC oil
- Patient costs are primarily driven by producer pricing + standard sales tax
- GAMCC licence fees contribute to programme administration costs
- Hemp retail across Georgia subject to standard sales tax
- Federal IRS § 280E applies to cannabis producers — no deduction of ordinary business expenses
Advertising
GAMCC Advertising Restrictions
- No advertising targeting minors — no cartoon imagery, no content appealing to children
- No advertising near schools, playgrounds, or youth facilities
- No advertising on platforms primarily used by minors
- Required statements: 'Low-THC oil for registered patients only.' GAMCC licence number on all materials
- No health claims not supported by evidence or not approved by GAMCC
- Social media: Age-gating required; only verified adult audiences may be targeted
- General marketing of cannabis products to the public is not permitted — Georgia's programme is patient-registry-only
Workplace Rules
- No employment protections for registered low-THC oil patients — Georgia law does not require employers to accommodate any cannabis use
- Employers may enforce drug-free workplace policies and terminate employees for positive THC tests
- Drug-free workplace policies: Encouraged by Georgia law; workers' comp premium discounts available for certified DFWP employers
- Safety-sensitive positions: Zero-tolerance always permissible and recommended
- No pending or enacted legislation to add workplace protections for cannabis users
Possession & Transactions
Low-THC Oil Possession20 fluid oz (≤5% THC) for registered patients
20 fl oz
Low-THC oil — registered patients
≤5% THC
Maximum THC content
0
Adult-use — fully illegal
Registry Card
Required for any possession
Medical Patient Possession
- Registered Low-THC Oil Registry patients may possess up to 20 fluid ounces of low-THC cannabis oil with ≤5% THC
- Oil must be in original packaging from a GAMCC-licensed dispensary
- Patient must carry Georgia Low-THC Oil Registry Card at all times when in possession
- No flower, edibles, concentrates, or products above 5% THC are permitted under any circumstances
Adult-Use — Illegal
- ≤1 oz marijuana (without registry card): Misdemeanour — up to 1 year, $1,000 fine
- >1 oz: Felony — 1–10 years
- No municipal decriminalisation in most Georgia cities; Atlanta has a local ordinance (below)
Transaction Rules
- Minimum age: 18+ for registered patients; minors must have parent/guardian caregiver
- Valid Georgia Low-THC Oil Registry Card + government-issued photo ID required at dispensary
- No home delivery available — in-store purchase only at GAMCC-licensed dispensaries
Product Testing
- THC content verification: All batches tested to confirm ≤5% THC — critical compliance requirement
- Potency testing: Full cannabinoid profile (THC, CBD, CBG, CBN, THCA, CBDA)
- Contaminant testing: Pesticides, heavy metals, microbials, mycotoxins, residual solvents
- Approved laboratories: GAMCC-approved ISO/IEC 17025 labs; no financial relationship with producers
- COA must accompany each batch; available to patients on request
- GAMCC conducts compliance inspections and random market sampling
Medical Cannabis Programme
Qualifying Conditions — O.C.G.A. § 31-2A-18
- Cancer (end-stage or undergoing treatment with related symptoms)
- ALS, seizure disorders, multiple sclerosis, Crohn's disease, mitochondrial disease
- Parkinson's disease, sickle cell disease, Tourette's syndrome
- Autism spectrum disorder (ASD) — with related conditions
- Epidermolysis bullosa (EB)
- PTSD (limited scope — must be in active treatment)
- Peripheral neuropathy
- Intractable pain — pain with a well-established aetiology, refractory to other treatment
- Note: Georgia's qualifying list is narrow — general anxiety, depression, or chronic pain without a specific diagnosis do not qualify
Medical Possession20 fluid oz of low-THC oil (≤5% THC)
Programme Rules
- Physician must be licensed in Georgia and registered with GAMCC to issue certifications
- Patient registry card issued by Georgia Department of Public Health — annual renewal
- Annual patient registration fee: $25
- No minimum age — children may register with parent/guardian as caregiver
- No out-of-state recognition — Georgia does not accept cards from other states
- No home cultivation under any circumstances
- Dispensary purchase — in-person only; no delivery authorised
Adult-Use Cannabis
Adult-use cannabis is fully illegal in Georgia. No ballot initiative process exists in Georgia (no citizen-initiated constitutional amendments), so the legislature would need to act to legalise adult-use cannabis.
Comparison to Medical
- Medical patients may only possess low-THC oil (≤5% THC); no legal cannabis at any THC level for non-patients
- Adult-use at any THC level remains a criminal offence
- No tax revenue model exists for adult-use; low-THC oil subject to standard sales tax
Local Ordinances
- Atlanta: City ordinance reduces penalty for possession of ≤1 oz to a civil fine of $75; no arrest
- Does not apply in areas of Atlanta under county or state law enforcement jurisdiction
- Does not create legal possession — subject to state prosecution
- No other Georgia municipalities have enacted similar ordinances
- Legislative outlook: Georgia legislature has not advanced adult-use legalisation bills; prospects remain limited given current composition
Penalties
Possession
- ≤1 oz (without registry card): Misdemeanour — up to 1 year, $1,000 fine
- >1 oz: Felony — 1–10 years imprisonment
- Possession with intent to distribute: Felony — 1–30 years depending on quantity
Sale & Trafficking
- Sale of any amount: Felony — 1–30 years
- Sale within 1,000 ft of school/drug-free zone: Mandatory additional sentence
- Trafficking (≥50 lbs): Felony — 5 years mandatory minimum; life imprisonment for large quantities
⚠️ Adult-Use Cannabis — Important Warnings
- Adult-use cannabis is NOT legal in Georgia. Possession, sale, and cultivation outside the medical programme remains a criminal offence.
- Medical cannabis patients must carry their state-issued registry card at all times when possessing cannabis.
- Cannabis cannot be transported across state lines — this is a federal offence regardless of destination state laws.
- Do not drive or operate machinery while impaired by cannabis — DUID laws are strictly enforced.
- Airports operate under federal jurisdiction — carrying cannabis through airports is prohibited.
- Cannabis is prohibited on all federal lands (national parks, forests, federal buildings).
- Keep all cannabis and CBD products out of reach of children and pets.
- Cannabis use during pregnancy or breastfeeding is strongly discouraged by health authorities.
🚨 Legal Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Cannabis laws in Georgia change frequently — always verify current statutes with official Georgia government sources or consult a qualified attorney licensed in Georgia.
- Information reflects laws known as of March 15, 2026 — subject to legislative change.
- Local city and county ordinances may impose additional restrictions beyond state law.
- Federal law supersedes state law in all federal jurisdictions and employment contexts.
- CannBus accepts no liability for actions taken based on information on this page.
📚 References & Sources
- O.C.G.A. § 31-2A — Georgia Access to Medical Cannabis Commission Act (HB 324, 2019)
- Georgia Access to Medical Cannabis Commission — medicalcannabis.georgia.gov
- O.C.G.A. § 16-13-30 — Controlled Substances Act (Marijuana Possession/Distribution)
- O.C.G.A. §§ 2-23-1 et seq. — Georgia Hemp Farming Act (2019)
- Georgia Dept. of Agriculture Hemp Programme — agr.georgia.gov/hemp
- Atlanta City Code § 106-82 — Civil Cannabis Penalty Ordinance
- Document date: March 15, 2026 · Cannabis Laws · www.cannbus.org
📅 Document last reviewed: March 15, 2026 ·
Cannabis Laws · www.cannbus.org