Georgia’s cannabis laws are strict but slowly changing. If you’ve ever wondered, “Is THC legal in Georgia?” the short answer is “no” for recreational use. However, the state allows small amounts of low-THC cannabis oil for certain medical conditions. Hemp-derived CBD is easier to get, but the CBD laws in Georgia have clear rules on how it can be made, sold, and used.
In the sections ahead, we’ll explain the Georgia CBD and THC laws in simple terms, show the difference between hemp and marijuana, go over possible penalties, and see how Georgia compares to other states.
Georgia THC and CBD Laws
Georgia has long had strict cannabis laws. In 2015, the Haleigh’s Hope Act allowed certain patients to use low-THC cannabis oil with up to 5% THC and at least an equal amount of CBD. The law was later expanded to cover more medical conditions, and in 2019, the Hope Act (HB 324) made it legal to grow, make, and sell low-THC oil in the state. In April 2023, the first licensed dispensaries opened in Marietta and Macon, giving patients local access.
Recreational THC is still illegal in Georgia, but some cities, like Atlanta, Savannah, Macon, and Athens, have reduced penalties for having less than one ounce, replacing jail time with fines. Under the medical provisions, registered patients can have up to 20 ounces of pharmaceutical-grade low- THC oil, with no more than 5% THC and the same or greater amount of CBD. The oil must be used in approved ways and cannot be smoked, vaped, or mixed into edibles.
Is THC legal in Georgia?
Curious about THC laws in Georgia? Here’s a quick guide to understanding what’s legal, what’s restricted, and how the rules work.
Recreational THC Laws in Georgia
Recreational THC is illegal in Georgia, but some cities like Atlanta, Savannah, Macon, and Athens have lowered penalties for small amounts. Instead of jail, individuals are required to pay a fine. These local regulations don’t make recreational use legal across the state.
Medical THC Laws in Georgia
Georgia lets patients use THC only as low-THC cannabis oil with less than 5% THC. Only those with qualifying conditions and a registration card issued by the Georgia Department of Public Health can legally possess it. Smoking, vaping, or using other forms of THC is not permitted.
Georgia Low THC Oil Registry Card
Patients with certain medical conditions in Georgia may obtain a Low THC Oil Registry Card with a doctor’s approval. To apply, they must fill out a notarized form, present valid ID, and pay a specific fee. The card lets them legally possess up to 20 ounces of low-THC oil (less than 5% THC) and protects them from criminal charges. The oil must come in labeled containers from licensed dispensaries or pharmacies. The card is valid for five years and is verified by the Georgia Department of Public Health.
Medical THC Usage
In Georgia, registered patients can legally get low THC oil from licensed dispensaries or approved pharmacies. Only the oil is legal; smoking, vaping, edibles, and the plant itself are not. Patients must carry their registry card at all times when the oil is on their person. This program is for people with specific medical conditions like AIDS, Alzheimer’s, ALS, autism, cancer, Crohn’s disease, multiple sclerosis, Parkinson’s, PTSD, and other serious illnesses.
What CBD and THC Products are Legal in Georgia?
In Georgia, adults 21 and older can use hemp-derived CBD products with less than 0.3% delta-9 THC, following state and federal regulations. Delta-8 and delta-10 THC products under 0.3% delta-9 THC are also allowed, though a ban on intoxicating hemp products has been delayed until July 1, 2025. Hemp edibles like brownies, cookies, and candies are banned, but gummies may be allowed with the limits on THC stated above. Only registered medical patients can use low-THC cannabis oil (under 5% THC) from licensed dispensaries or pharmacies. All hemp products must meet state licensing, testing, labeling, and safety standards.
Laws for Travelling with THC and CBD in Georgia
Registered patients can travel with low-THC oil within Georgia, provided they are carrying their registry card. Traveling to other states with THC is risky because many states don’t recognize Georgia’s program, and even small amounts could have legal ramifications. Hemp-derived CBD with less than 0.3% delta-9 THC is sometimes allowed across states, but always check the destination’s laws. Out-of-state medical cannabis cards may be accepted temporarily in Georgia if the oil meets state limits and is used for less than 45 days.
Penalties for CBD and THC Law Violations
In Georgia, possessing more than one ounce of THC is a felony, punishable by 1 to 10 years in prison. Possessing an ounce or less is a misdemeanor, which can result in up to 1 year in jail, a $1,000 fine, or community service. Selling, growing, or distributing THC carries much harsher penalties, depending on the amount. Even owning drug paraphernalia is a misdemeanor. Possessing low THC oil without a medical registry card is also illegal and can lead to criminal charges.
Laws in Georgia vs. Other States
Over 20 states, like Colorado, California, and Illinois, allow recreational THC and let adults grow at home, smoke, use edibles, and try other cannabis products. Many also have medical programs that allow flower, vaping, edibles, and infused products. Georgia is much stricter; only low-THC oil (under 5% THC) is allowed for a small group of medical patients, and smoking, vaping, edibles, and home growing are not permitted. Nearly 40 states have broader medical programs than Georgia. Some cities, such as Atlanta, Savannah, and Athens, have reduced penalties for small amounts of THC, but recreational use is still illegal statewide with harsh penalties. Because of these limits, Georgia is one of the most restrictive states for THC use in the U.S.
Recent Developments and Changes
Georgia’s cannabis laws are gradually evolving. Under the Hemp Farming Act, adults aged 21 and older can purchase hemp products. Medical patients may soon see expanded access, including higher THC limits, limited inhalation options, and temporary recognition of out-of-state medical cards through Senate Bill 220. While some changes are still pending House approval, Georgia continues to balance strict hemp regulations with the potential increase of medical cannabis access.
Summary
Georgia has some of the strictest cannabis laws in the country. Recreational THC is illegal, though some cities institute lighter penalties for small amounts. Medical use is limited to low THC oil (under 5%), available only to registered patients and not for smoking, vaping, or edibles. Hemp-based CBD is legal for adults, but edible hemp products are subject to certain restrictions. Penalties are usually severe; possessing over an ounce can result in a felony charge. While change is slow, the state is starting to update rules governing hemp and medical THC use.