Georgia Marijuana Laws

Georgia Marijuana Laws

Georgia Marijuana Laws

Georgia marijuana laws include misdemeanor and felony charges. Explore Georgia marijuana laws and penalties for marijuana-related offenses.

Beating Marijuana Charges

Every arrest involving breaking marijuana laws has a unique way it happened. The particular circumstances, and attitude of the prosecutors office, make it impossible to promise any specific results. It’s safe to say that if you do not hire a defense lawyer, the result is going to be a conviction.

Most marijuana-related charges occur during a traffic stop and subsequent search of a vehicle or person. Cases with a cascading series of events opens the door for a defense lawyer to find problems with the search.

Some marijuana arrests may also bring federal criminal drug charges.

Changes to Georgia Marijuana Laws 2023

There are marijuana laws in Georgia that address minor possession, felony possession, distribution, trafficking, and cultivation offenses.

Two State Representatives introduced HB388 to change certain laws on marijuana possession. The NORML.org blog described the proposed changes in this manner, House Bill 338 removes criminal penalties for the possession of less than one ounce of marijuana. If passed, no penalty will be implemented on people found with less than an ounce of marijuana on their person.

Specifically, as published on the GA.gov website, "..relating to controlled substances, so as to provide that possession of certain quantities of marijuana constitute a misdemeanor; to change provisions relating to punishment;…"2

Medical Marijuana – CBD Oil

Georgia marijuana laws do allow for certain clinical use of marijauna, however; even medicinal use has specific legal regulations.

Medical Marijuana Laws

Georgia marijuana laws do allow for certain clinical use of marijauna, however; even this legal use has strict requirements. People with prescriptions may possess up to 20 ounces of low-THC oil. In 2015, Georgia passed a law that allows people with certain medical conditions to ingest medical marijuana. Regarding the ability to purchase medicla marijuana in Georgia, a 2020 article by 11-Alive news states, “But when it comes down to the law, right now, is it legal to buy medical marijuana in Georgia? We went directly to the source, the State Department of Health Resource Page on the drug – and the answer is in black and white: No. You cannot buy marijuana in Georgia. So we can verify that’s true. There is still no legal way to get medical marijuana in Georgia. “1

Georgia has a State regulated medical marjuana program. A recent article on the MarijuanaMoment.com website states, “If the bill passes the Senate and receives Republican Gov. Brian Kemp’s signature, the state will be required to obtain low-THC cannabis oil “from any available legal source” by August 1 and begin providing it to patients now on the state registry by August 15, 2022. The state will also cancel the previous application process and begin anew, choosing another six providers.”. 3

CBD Oil & Edibles

Are CBD oil and gummies (edibles) legal in Georgia? Yes, and no. The ZebraCBD education portal offers this information, "According to the Hemp Farming Act, hemp is “the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level.” And that federally defined level is 0.3%. "4

YES. It is legal to buy hemp-derived CBD products in Georgia. Purchasing marijuana-derived CBD products from a dispensary requires a Low THC Card isssued by the Georgia Department of Public Health.

NO. Georgia marijuana laws do not permit production or sale of any food products infused with low-THC oil. This also makes illegal the ingestion of low-THC oil through vapor.

Recreation Marijuana Use

Georgia does not allow for recreational marijuana use. Although recreational use of marijuana is very common in Georgia, most police departments do notjust let it go.

Regarding legalizing recreational use, Georgia State Rep Ed Setzler recently stated, “There’s a movement behind the scenes, and it’s very soon going to be out in the open, that’s going to be monetizing this process to push for full-on what you would call marijuana and making Georgia a recreational state,” he said. “That’s coming. The money behind this, that’s protecting these [requests for proposals], is driving this, it’s a nationwide movement, it is coming to Georgia. And they see this process as just a step in that direction.”.

Possession of less than one ounce of marijuana can bring up to one year in prison, a $1,000 fine, and community service.

Marijuana Possession Penalties

  • 1 ounce or less: misdemeanor offense, 1 year sentence or $1,000 fine
  • Between 1 oz and 10 lbs.: felony offense, 1-10 year sentence
  • Possession of more than 10 pounds is considered trafficking

Marijuana Distribution, Sale, Trafficking Penalties

  • 10 pounds or less: felony offense, 1-10 years incarceration
  • 10-2000 pounds.: felony offense, 5 year sentence + mandatory $100,000 fine
  • 2000-10,000 pounds.: 7 year sentence + mandatory $250,000 fine
  • Over 10,000 pounds.: 15 year sentence + mandatory $1,000,000 fine

Marijuana Paraphernalia

Per Georgia Code §16-13-32.2, it is illegal to use or possess, with intent to use, any device or materials designed to plant, grow, propagate, manufacture, harvest, produce, analyze, test, package, repackage, store, contain, conceal, inhale, ingest, inject, or otherwise introduce a controlled substance or cannabis into the human body. Any person or corporation which violates any provision of this Code section shall be guilty of a misdemeanor.

Many common huosehold items could be alleged by a hyper aggressive prosecutor to be paraphernalia. For this reason, if you are arrested for possession of marijuana, and have any such things in your possession, you could face additional charges. Examples of items that are always considered drug paraphernalia are: smoking pipes, power hitters, bongs, and rolling papers.

Police also consider items with drug residue or resin to be paraphernalia. This could be hemostats, roach clips, currency, razor blades, baggies, containers, spoons, scales, and more.

More information can be found on the Burns Smith Law website which states, “Drug paraphernalia criminal charges in Georgia are serious. Prosecutors routinely prosecute paraphernalia charges with no interest in dismissing or reducing the charges. “5.

Drug Paraphernalia Penalties , for marijuana, controlled substances, narcotics and other illegal substances include jail time and fines. Specifically, marijuana laws have penalties as follows:

  • First Offense: misdemeanor, jail time up to one year and/or a maximum fine of $1,000.
  • Second Offense: maximum jail term of one year and/or a fine of up to $5,000.
  • Third Offense: incarceration one-five years and/or a maximum fine of $5,000.

Federal Marijuana Laws and Penalties

There are federal marijuana laws with charges for marijuana possession, sale, cultivation, distribution, and sale of paraphernalia. The NORML website states, “Marijuana possession remains a federal offense, and the federal law applies to offenses committed on federal property, which includes the Capitol grounds and the mall within DC, as well as all national parks and military property nationwide, and other land under federal control. Federal law also applies to offenses involving interstate commerce and importation from other countries.”5

For more information, you may visit the NORML website to learn about Federal marijuana crime penalties.

Medical Marijuana Laws

Georgia has a State regulated medical marjuana program. Georgia medical marijuana laws in 2022 are soon to be revised. A recent article on the MarijuanaMoment.com website states, “If the bill passes the Senate and receives Republican Gov. Brian Kemp’s signature, the state will be required to obtain low-THC cannabis oil “from any available legal source” by August 1 and begin providing it to patients now on the state registry by August 15, 2022. The state will also cancel the previous application process and begin anew, choosing another six providers.”. 6

Regarding legalizing recreational use, Georgia State Rep Ed Setzler recently stated, “There’s a movement behind the scenes, and it’s very soon going to be out in the open, that’s going to be monetizing this process to push for full-on what you would call marijuana and making Georgia a recreational state,” he said. “That’s coming. The money behind this, that’s protecting these [requests for proposals], is driving this, it’s a nationwide movement, it is coming to Georgia. And they see this process as just a step in that direction.”.

Marijuana Laws in Georgia – § 16-13-30

  • (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
  • (b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.
  • (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
  • (1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years;
  • (2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years;  and
  • (3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.
  • (B) This paragraph shall not apply to morphine, heroin, opium, or any substance identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Code Section 16-13-25 , or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer;  rather, the provisions of Code Section 16-13-31 shall control these substances.
  • (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years.  Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment.  The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense;  provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.
  • (e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
  • (1) If the aggregate weight, including any mixture, is less than two grams of a solid substance, less than two milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years;
  • (2) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance, at least two milliliters but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years;  and
  • (3) If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.
  • (f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code section with respect to a controlled substance in Schedule I or II or subsection (i) of this Code section, such person shall be punished by imprisonment for a term not to exceed twice the length of the sentence applicable to the particular crime.
  • (g) Except as provided in subsection (l) of this Code section, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years.  Upon conviction of a third or subsequent offense, he or she shall be imprisoned for not less than one year nor more than five years.
  • (h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
  • (i)(1) Except as authorized by this article, it is unlawful for any person to possess or have under his or her control a counterfeit substance.  Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than two years.
  • (2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance.  Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
  • (j)(1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.
  • (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2 , any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
  • (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law.  Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both.
  • (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
  • (A) If the aggregate weight, including any mixture, is less than two grams of a solid substance of flunitrazepam, less than two milliliters of liquid flunitrazepam, or if flunitrazepam is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years;
  • (B) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance of flunitrazepam, at least two milliliters but less than four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years;  and
  • (C) If the aggregate weight, including any mixture, is at least four grams of a solid substance of flunitrazepam, at least four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least four grams, by imprisonment for not less than one nor more than 15 years.
  • (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years.  Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment.  The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.
  • (m) As used in this Code section, the term “solid substance” means a substance that is not in a liquid or gas form.  Such term shall include tablets, pills, capsules, caplets, powder, crystal, or any variant of such items.

This article is not legal advice. State laws are subject to change. If you are charged with any marijuana related offenses you should contact a criminal defense lawyer as soon as possible.

FOOTNOTES & CREDITS

  • 1 Jax James, “State Policy Weekly Update 2/22/2023“, February 22, 2023, Available from NORML
  • 2 Staff, “Georgia HB388“, March 3, 2023, Available from TrackBill.com
  • 3 Staff writer, “Drug Paraphernalia Lawyer”, April 22, 2020, Available from Grisham, Poole, &Carlile, P.C.
  • 4 Staff, “Is CBD Legal in Georgia? GA CBD Laws 2022“, December 12, 2022, Available from ZebraCBD.com
  • 5 Staff writer, “Federal Laws and Penalties”, June 23, 2020, Available from NORML
  • 6 Staff Writer, “Georgia House And Senate Pass Differing Medical Marijuana Bills To Jumpstart Stalled Program”, March 16, 2022, Available from Marijuana Moment
  • Photo by Kindel Media, available at Pexels
Jimmy Duncan
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3 Comments
    • Beam Me Up Scotty
    • April 5, 2023
    • Reply

    You sometimes have to wonder if the cities, counties, and lawyers want to keep marijuana illegal. They make a lot of money from arrests and legal help.

    • Marcene Matos
    • October 20, 2023
    • Reply

    USA has dum laws on marijuana. It should be legal for all.

    • Olivia Patricia
    • March 12, 2024
    • Reply

    Georgia marijuana laws are characterized by strict regulations, with limited allowances for medical use but maintaining prohibition for recreational purposes. Under the “Haleigh’s Hope Act,” enacted in 2015, qualified patients can possess cannabis oil containing low levels of THC for medical treatment. However, this law does not legalize the cultivation, sale, or possession of marijuana for other forms of consumption. Recreational use of marijuana remains illegal, with possession of even small amounts subject to criminal charges, fines, and potential incarceration.

    Penalties for marijuana possession in Georgia are typically treated as misdemeanors, though severity can vary based on the amount and circumstances. Repeat offenses or possession of larger quantities may result in harsher consequences. While some local jurisdictions, such as Atlanta, have enacted measures to reduce penalties for small-scale possession, statewide decriminalization has not been implemented.

    Cultivation, distribution, and sale of marijuana for recreational purposes are illegal under Georgia law, with significant penalties for offenders. It’s important to note the federal illegality of marijuana, despite certain state-level allowances. This legal discrepancy can create complexities, especially for businesses operating in the marijuana industry. Staying informed about current laws and consulting legal professionals for guidance is essential for individuals navigating Georgia’s marijuana regulations.

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