Georgia Medical CBD Laws 20 ounces of infused cannabis oils containing not more than 5 percent THC and an amount of CBD equal to or greater than the amount of THC “if such substance is in a What does the law do? Everything you need to know about CBD, Hemp, & Medical Marijuana in Georgia. Is it legal? Will I pass my drug test? Can I go to jail? And…
Georgia Medical CBD Laws
20 ounces of infused cannabis oils containing not more than 5 percent THC and an amount of CBD equal to or greater than the amount of THC “if such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol.”
In May 2021, Governor Brian Kemp signed legislation into law, Senate Bill 195, permitting the establishment of up to 30 state-licensed retailers of high-CBD/low-THC oil products to qualified patients. The new law takes effect on July 1, 2021.
ESTIMATED NUMBER OF REGISTERED PATIENTS
- Source: Atlanta Journal Constitution
Yes. Senate Bill 16, signed into law in May 2017, states that Georgia law exempts any person who has “in his or her possession a registration card issued by another state that allows the same possession of low THC oil as provided by this state’s law.”
Low THC Oil – FAQ for Law Enforcement
Georgia’s new medical marijuana law allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. It authorizes the Georgia Department of Public Health to issue a “Georgia Low THC Oil Registry Card” to qualified persons, which will prove that they are authorized to have the oil in their possession.
How does the law compare to laws in other states which have adopted medical marijuana?
Georgia’s law is much more limited than some other states’ medical marijuana laws. For example, it does not legalize the sale or possession of marijuana in leaf form. It does not authorize the production or sale of food products infused with low THC oil or the ingestion of low THC oil through vapor. It does not authorize physicians to prescribe marijuana for medical use. It is intended solely to protect qualified persons from criminal prosecution for possessing low THC oil for medicinal purposes.
Who is allowed to obtain a Georgia Low THC Oil Registry Card?
There are three categories of persons who may apply for the card:
- an adult who has one or more of the diseases specified in the law;
- legal guardians of an adult who has one or more of the diseases specified in the law;
- parents or legal guardians of a minor child who has one or more of the diseases specified in the new law.
A doctor’s certification is required.
What does a Georgia Low THC Registry card look like?
Information on Front of Card:
To be considered valid, the front of the card should be varying shades of orange. Language on the front of the card should include “State of Georgia,” “Low THC Oil Registration Card” and “CALL DEPARTMENT OF PUBLIC HEALTH TO VERIFY: 1-866-PUB-HLTH.” Information on the front of the card should include the card holder’s name, address and date of birth, as well as the card’s issue date, expiration date and unique serial number. Look for the official State Seal in white and the shaded outline of the state of Georgia in the lower right corner of the card.
Information on Back of Card:
To be considered valid, the back of the card should be white and contain a bar code, number and the following language: “IN ACCORDANCE WITH O.C.G.A. SECTION 31-2A-18 THIS CERTIFIES THAT CAREGIVER IS DULY REGISTERED WITH AND AUTHORIZED BY THE DEPARTMENT OF PUBLIC HEALTH TO POSSESS UP TO 20 FLUID OUNCES OF LOW THC OIL”
Note: 1-866-PUB-HLTH will be staffed 24 hours per day, 7 days per week and will be available to verify whether a person is current in the registry.
Cards may be laminated to protect the information printed on them by the Office of Vital Records.
What do I do if a card is expired?
Cards will be valid for two years from the date they are issued. The expiration date can be found on the front of the card. If you believe a card has expired, please call 1-866-PUB-HLTH to verify the card is no longer valid.
What does low THC oil look like?
Low THC oil packaging may vary in appearance. However, the law requires that the low THC oil be “in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein,” be less than 5 percent tetrahydrocannabinol by weight, and that the amount of oil in the container – or containers – not exceed 20 fluid ounces total.
Does the law allow Georgians to possess other forms of marijuana?
No. The law does not legalize the possession of any types of marijuana in Georgia except 20 fluid ounces of low THC oil for persons with a valid Georgia Low THC Registry Card. Under House Bill 324, businesses licensed by the Georgia Access to Medical Cannabis Commission may grow marijuana for the purposes of manufacturing low THC oil and dispensing of low THC oil in Georgia. Possession of any other form of marijuana by anyone not authorized to possess it remains a violation of state and federal law.
Does the law authorize the sale of low THC oil in Georgia?
Under House Bill 324, the Georgia Access to Medical Cannabis Commission, which is administratively assigned to the Secretary of State’s Office, will oversee the growing, manufacturing, and dispensing of low THC oil in Georgia. The Georgia Department of Public Health does not prescribe or dispense low THC oil.
What is CBD and Is It Legal in Georgia?
CBD is a naturally occurring chemical sold and purchased across the State of Georgia. CBD is an abbreviation for cannabidiol, which is a chemical found in marijuana & hemp plants that does NOT produce the “high” associated with THC (the psychoactive chemical found in marijuana plants). According to the National Cancer Institute CBD may relieve pain, reduce inflammation, and decrease anxiety. For this reason, many companies sale products infused with CBD, such as soaps, lotions, oils, herbs, cigarettes, and more. This blog gives you some basic info about CBD and its legal status in Georgia.
Is CBD the same as Marijuana?
No. CBD and marijuana are NOT the same thing. Although CBD is a component of marijuana, it can also be extracted from hemp, which was recently defined by the federal government as a plant from the cannabis species that contains 0.3% THC or less.
Hemp and Marijuana look and smell alike but contain different levels of THC. While federal regulations require legal hemp plants to contain 0.3% THC or less, marijuana tends to contain much more.
So CBD is legal, but Marijuana is illegal?
Yes. However it’s a bit more complicated. The federal government distinguishes hemp from marijuana, and the Agriculture Improvement Act of 2018 made all hemp agriculture legal in the United States. As a result, The State of Georgia passed its own Hemp Farming Act in 2019 that regulates hemp.
However, the federal government continues to categorize marijuana as a Schedule I Controlled Substance (drugs considered to have no medical benefit). Despite evidence that this categorization is rooted in political motives & lacking scientific support, our government has refused changing this classification.
What does Georgia say about CBD?
CBD is legal in Georgia if it contains no more than 0.3% THC. Your CBD must have a clear and accurate label, for instance. There are many fake products with inaccurate labels, unverified testing, and unnatural ingredients.
What does Georgia say about Marijuana?
Although still behind the national trend, Georgia has legalized limited medical marijuana. For example, residents are allowed to apply for a Low THC Oil Registry Card from the Georgia Department of Health. With this card, you can carry up to 20 fluid ounces of cannabis oil containing no more than 0.5% THC per weight. The Low THC Oil Registry Card will be distributed to Georgia residents who obtain a doctor’s prescription. You must have a diagnosis such as cancer, ALS, Seizures, Multiple Sclerosis, Crohn’s Disease, Mitochondrial Disease, Parkinson’s Disease, Sickle Cell Disease, Tourette’s Syndrome, Epidermolysis Bullosa, AIDS, or Peripheral Neuropathy, to obtain this card.
Can I break the law by possessing CBD or Marijuana?
Yes. It is illegal to have CBD with more than 0.3% THC, Low-THC Oil with more than 0.5% THC, or more than 20 fluid ounces of Low-THC Oil. Consequently, you could face criminal prosecution in accordance with Georgia’s ban on marijuana.
Possession of an ounce or less of marijuana is considered a misdemeanor. You can face up to 12 months in jail, a $1,000 fine, community service, drug counseling, and monthly supervision.
Possession of more than an ounce of marijuana, or possession of any amount of marijuana less than 10 lbs with the intent to distribute, is considered a felony. You can face up to 10 years in prison, a $100,000 fine, community service, drug evaluations, and monthly supervision.
Trafficking of 10 lbs or more of marijuana is also considered a felony. You can face a minimum sentence of 5 years, 10 years, or 15 years in prison. In addition, you will be facing a minimum fine of $100,000, $250,000, or $1,000,000 (ONE MILLION DOLLARS) depending on the amount of marijuana. The maximum sentence for trafficking marijuana can be up to 30 years in prison.
Will I fail a drug test because of CBD?
Normal to high doses of legal CBD should not result in a failed drug test. Despite this, you need to know as much as you can about the type of CBD you are using to properly determine if you will pass a drug test.