Georgia Medical Cannabis Laws: Low THC Oil Program Overview
Important: Marijuana is not legal in Georgia. The state only permits the legal possession of Low THC Oil (≤5% THC) by registered patients through the Georgia Low THC Oil Registry, administered by the Georgia Department of Public Health under OCGA §31-2A-18.
Key Legislation History
Haleigh's Hope Act (HB 1, 2015)
The foundation of Georgia's medical cannabis program, named after Haleigh Cox, a young patient with severe epilepsy:
- Established the Low THC Oil Registry
- Authorized possession of cannabis oil containing no more than 5% THC by weight
- Created initial list of qualifying conditions
- Administered by Georgia Department of Public Health
Georgia's Hope Act (HB 324, 2019)
Expanded the program significantly:
- Authorized in-state cultivation and production of low THC oil
- Established the Georgia Access to Medical Cannabis Commission (GMCC)
- Licensed dispensaries (called "pharmacies") to distribute products
- Created a regulatory framework for production and distribution
Current Program Details (OCGA §31-2A-18)
Product Restrictions
Georgia's program is one of the most restrictive in the nation:
- THC Limit: Maximum 5% THC by weight
- Product Form: Oil only (no flower, edibles, or smokable products)
- Possession Limit: Up to 20 fluid ounces of low THC oil
Prohibited Products and Activities
- Smoking cannabis (including flower)
- Edibles and raw cannabis products
- Home cultivation (no plants allowed)
- Products exceeding 5% THC
Qualifying Medical Conditions
Per OCGA §31-2A-18, patients may qualify with:
- AIDS - when severe or end stage
- Alzheimer's Disease - when severe or end stage
- Amyotrophic Lateral Sclerosis (ALS) - when severe or end stage
- Autism Spectrum Disorder - adults 18+, or minors with severe autism
- Cancer - end stage or treatment-related wasting/nausea
- Crohn's Disease
- Epidermolysis Bullosa
- Intractable Pain
- Mitochondrial Disease
- Multiple Sclerosis (MS) - when severe or end stage
- Parkinson's Disease - when severe or end stage
- Peripheral Neuropathy - when severe or end stage
- PTSD - for patients 18 years of age or older
- Seizure Disorders - related to epilepsy or trauma-related head injuries
- Sickle Cell Disease - when severe or end stage
- Tourette's Syndrome - when diagnosed as severe
- Hospice Patients - inpatient or outpatient
Registration Card Requirements
Costs and Validity
- Registration Fee: $25 (Low THC Oil Card)
- Service Fee: $3.75
- Validity: 2 years from issue date
- Georgia residents only
Application Process
- Obtain physician certification through the state registry
- Submit notarized application with proof of Georgia residency
- Receive Low THC Oil Registration Card from Georgia DPH
Possession Penalties (Non-Registered Persons)
For individuals without a valid Low THC Oil Registration Card:
| Amount | Classification | Penalty |
|---|---|---|
| ≤1 oz | Misdemeanor | Up to 12 months, $1,000 fine |
| >1 oz | Felony | 1-10 years prison |
Local Decriminalization
Several Georgia cities have enacted local decriminalization ordinances for small amounts:
- Atlanta - Civil fine for small amounts
- Savannah - Reduced penalties
- Macon - Civil violation option
- Athens - Lowest priority enforcement
Note: State law still applies; local policies vary
Distribution Penalties
| Amount | Penalty |
|---|---|
| <10 lbs | 1-10 years prison |
| 10-2,000 lbs | 5-30 years prison |
| >2,000 lbs | 7-40 years prison |
DUI Laws
Georgia prohibits driving under the influence of cannabis:
- First Offense: Minimum 24 hours in jail, fines $300-$1,000, license suspension
- Second Offense: Minimum 72 hours in jail, increased penalties
- Third Offense: Felony charges possible, extended incarceration
Caregiver Regulations
Per Georgia law, caregivers include:
- Legal guardians of adults with qualifying conditions
- Parents, guardians, or legal custodians of minors with qualifying conditions
Requirements:
- Must be registered with Georgia DPH
- May possess up to 20 fluid ounces of low THC oil on behalf of patient
Dispensary Network
Georgia's licensed dispensaries (called "pharmacies") began operations in 2023. The Georgia Access to Medical Cannabis Commission oversees:
- Class 1 licenses: Large-scale production and distribution
- Class 2 licenses: Smaller production operations
Taxation
Medical cannabis oil is subject to:
- State sales tax: 4%
- Local sales taxes: Varies by county/city
Recreational Cannabis Status
Recreational cannabis is NOT legal in Georgia. Unlike many neighboring states, Georgia has not legalized adult-use cannabis. The medical program remains limited to low THC oil only.
Official Resources
- Georgia DPH Low THC Oil Registry: dph.georgia.gov/low-thc-oil-registry
- Registry Email: THCRegistry@dph.ga.gov
- Phone: (770) 909-2765
- Official Code of Georgia: OCGA §31-2A-18
Information current as of December 2025. Georgia's medical cannabis laws continue to evolve. Always verify current regulations with official state sources.