Georgia Cannabis Laws: Low THC Oil, Penalties & Hemp Rules

Georgia cannabis laws treat marijuana as an illegal controlled substance with one narrow exception: patients registered with the state may possess low THC oil containing no more than 5% tetrahydrocannabinol. Everything else, including flower, standard edibles, and higher-potency concentrates, remains illegal in any amount. Possessing more than an ounce is a felony that can send you to prison for up to ten years.

Possession Penalties by Amount

One ounce or less of marijuana is a misdemeanor punishable by up to 12 months in jail, a fine of up to $1,000, or both.¹ Anything over an ounce is a felony carrying one to ten years in prison.² The same felony range applies to selling, distributing, or growing marijuana regardless of the amount involved. There is no personal-use cultivation allowance.

Atlanta and Savannah Ordinances

Atlanta’s municipal ordinance eliminates jail time for possession of one ounce or less and caps the fine at $75.³ Savannah’s ordinance caps its fine at $150 with no jail time.⁴ These rules only bind city police enforcing city code. A state trooper or county deputy can still arrest you for the same amount under state law, so the protection depends entirely on which officer stops you and how they choose to charge.

The Low THC Oil Medical Exception

Under OCGA § 16-12-191, a person on the state registry may possess up to 20 fluid ounces of oil containing no more than 5% THC by weight, provided the product is in a labeled pharmaceutical container showing its THC percentage.⁵ The exception is tightly drawn. It covers oil only. Any cannabis product above the 5% THC ceiling, and any form other than oil, carries the same felony penalties as regular marijuana. A registry card does not legalize flower, vape cartridges containing full-strength extract, or recreational edibles.

Qualifying Conditions

The Haleigh’s Hope Act, codified at OCGA § 31-2A-18, limits the registry to patients diagnosed with specific conditions and certified by a Georgia-licensed physician.⁶ The qualifying list includes:

End-stage cancer, or treatment-related wasting, nausea, or vomiting
Severe or end-stage ALS, multiple sclerosis, Parkinson’s, sickle cell disease, Alzheimer’s, AIDS, or peripheral neuropathy
Seizure disorders linked to epilepsy or traumatic head injury
Crohn’s disease
Mitochondrial disease
Severe Tourette’s syndrome
Autism spectrum disorder (any diagnosis for patients 18 and older; severe autism for patients under 18)
Epidermolysis bullosa
PTSD from direct exposure to or witnessing trauma, patients 18 and older only
Intractable pain, when standard pain management has been tried for at least six months without adequate results or with intolerable side effects

Several conditions qualify only at severe or end-stage. Hospice patients qualify regardless of specific diagnosis. If your diagnosis is on the list but earlier-stage, you do not qualify.

Getting on the Registry

Registration starts with a physician licensed in Georgia who is willing to certify you. Not every doctor participates, and insurance does not cover the consultation, which runs between $45 and $300 out of pocket.⁷ Bring a Georgia driver’s license, state ID, passport, or military ID to the appointment, and complete the notarized Low THC Oil Waiver acknowledging the program’s legal limits and the fact the oil lacks FDA approval.⁸ Your physician submits the certification and waiver to the Department of Public Health.

After DPH processes the application, you pay $30 for the card (plus a $3.75 service fee online). The card is valid for five years from the date payment is processed, with the expiration printed on the front. To renew, you must consult your certifying physician again. Letting the card lapse while still possessing oil exposes you to the same criminal penalties as possessing illegal marijuana.

Buying, Growing, and Bringing It In

Georgia licenses private companies to grow, process, and sell low THC oil through the Georgia Access to Medical Cannabis Commission, which maintains a dispensary map on its website.⁹ Dispensary locations are concentrated in a handful of cities, so rural patients may travel significant distances. You must present a valid registry card at the counter.

Home cultivation is not allowed. A single plant grown for personal medical use is prosecuted as a felony under OCGA § 16-13-30, with the same one to ten years in prison that applies to any other unlawful cultivation.²

Visiting patients from other states can possess up to 20 fluid ounces of low THC oil if they carry a valid medical cannabis card from a state whose program allows the same type of possession Georgia permits.⁵ The protection runs 45 consecutive days, and out-of-state cardholders cannot purchase from Georgia dispensaries. Bring what you need.

Jobs and Firearms

A registry card does not protect your job. Georgia law explicitly says nothing in the low THC oil statute requires an employer to permit or accommodate marijuana use or possession in any form.⁵ Zero-tolerance drug policies covering on-duty and off-duty use are permitted. A positive THC test can cost you a job offer or your current position regardless of medical registration, and the state offers no anti-discrimination protection to patients in the workplace.

Federal law creates a firearms problem. Under 18 U.S.C. § 922(g)(3), any user of a controlled substance is prohibited from possessing firearms or ammunition.¹⁰ Marijuana remains a Schedule I substance federally, so a registered patient is treated as an unlawful user whatever Georgia says. ATF Form 4473, required for every firearm purchase from a licensed dealer, asks directly about controlled substance use, and answering falsely is a separate federal offense. Participation in the state medical program and lawful firearm purchase or possession are in direct conflict until federal law changes.

Hemp and Delta-8 Products

Hemp-derived cannabinoids like delta-8 THC sit in a separate legal space from marijuana. As of 2026, delta-8 products are available for purchase in Georgia. Senate Bill 33, the Georgia Hemp Farming Act, was signed by the governor and will ban synthetic hemp products that cannot be naturally produced by the cannabis plant, effective 2027.¹¹ Delta-8 occurs naturally in hemp and is not expected to be affected by that ban. Separate legislation lowers the delta-9 THC limit in hemp beverages from 10 milligrams to 5 milligrams per serving and restricts those sales to liquor stores.

A federal change matters more for what will actually be on shelves. A new definition of hemp taking effect November 12, 2026, will cap final hemp-derived cannabinoid products at 0.4 milligrams of total THC per container, which would effectively eliminate most commercially available hemp THC products nationwide unless Congress or the courts intervene.¹² If you rely on hemp-derived products, expect the market to look very different by late 2026.

1
Georgia Drugs and Narcotics Agency. Georgia Code 16-13 – Controlled Substances
2
Justia. Georgia Code 16-13-30 – Purchase, Possession, Manufacture, Distribution, or Sale of Controlled Substances or Marijuana; Penalties
3
City of Atlanta. Mayor Kasim Reed Signs Marijuana Ordinance into Law
4
City of Savannah. Savannah Code of Ordinances – Marijuana Simple Possession
5
Justia. Georgia Code 16-12-191 – Possession, Manufacture, Distribution, or Sale of Low THC Oil; Penalties
6
Justia. Georgia Code 31-2A-18 – Low THC Oil Patient Registry
7
Georgia Department of Public Health. Low THC Oil Registry
8
Georgia Department of Public Health. Low THC Oil Information for Patients and Caregivers
9
GA Access to Medical Cannabis Commission. Dispensaries
10
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
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Georgia General Assembly. SB 33 – Georgia Hemp Farming Act
12
Congressional Research Service. Change to Federal Definition of Hemp and Implications for Federal and State Regulation