Medical Marijuana in Georgia: Laws, Registry Cards & Penalties

Medical marijuana in Georgia is limited to low-THC oil containing no more than 5% THC by weight, available only to patients with specific qualifying conditions who register with the state through a Georgia-licensed physician.¹ Registered cardholders may possess up to 20 fluid ounces, and that oil must come from a state-licensed source.² Flower, edibles, and vape products are not legal in Georgia even with a card.

Who Qualifies

The qualifying condition list is set out in O.C.G.A. 31-2A-18, and most conditions require a severe or end-stage diagnosis before a patient becomes eligible.³ The conditions are:

Cancer that is end-stage or where treatment causes wasting, severe nausea, or vomiting
Amyotrophic lateral sclerosis (ALS), severe or end-stage
Seizure disorders related to epilepsy or trauma-related head injuries
Multiple sclerosis, severe or end-stage
Crohn’s disease
Mitochondrial disease
Parkinson’s disease, severe or end-stage
Sickle cell disease, severe or end-stage
Tourette’s syndrome, severe
Autism spectrum disorder for patients 18 or older with any diagnosis; patients under 18 only with a severe autism diagnosis
Epidermolysis bullosa
Alzheimer’s disease, severe or end-stage
AIDS, severe or end-stage
Peripheral neuropathy, severe or end-stage
PTSD in patients 18 or older, resulting from direct exposure to or witnessing a traumatic event
Intractable pain

A few of these are commonly misstated. PTSD eligibility is not restricted to veterans, but the patient must be at least 18 and the disorder must stem from firsthand exposure to or witnessing of trauma. Autism has an age split: adults qualify with any autism spectrum diagnosis, while minors need a severe autism diagnosis. Intractable pain carries no additional severity qualifier in the statute, though the certifying physician still has to document it.

What You Can Legally Possess

Low-THC oil is the only cannabis product Georgia permits. The statute defines it as an oil containing cannabidiol with no more than 5% THC by weight and no visible plant material.¹ Flower, edibles, food products infused with the oil, and vapor products are illegal for everyone, including registered patients.⁴

The oil has to be kept in a pharmaceutical container labeled by the manufacturer showing the THC percentage. Cardholders can hold up to 20 fluid ounces total across all containers.² Home cultivation and personal manufacturing are illegal, and every drop must come from a state-licensed source.

How to Get a Registry Card

A physician fully licensed in Georgia certifies the patient. Physicians do not prescribe cannabis; the certification is a recommendation confirming the patient has a qualifying condition.⁵ Before submitting the certification, the physician must give the patient a waiver form approved by the Georgia Composite Medical Board. The waiver advises that cannabinoid and THC products lack FDA approval and that their clinical benefits are unknown and may cause harm. The patient signs it, and a copy goes into the medical record with the certification form.⁶

The physician submits the application through the Department of Public Health’s online portal.⁷ The application includes the patient’s name, address, and date of birth, the physician’s Georgia license number, and confirmation that the physician has a treatment relationship with the patient for the qualifying condition. The card costs $30, plus a $3.75 service fee for online payment. Patients who cannot pay online may mail a money order for $30.⁸

The card is sent to the patient’s designated county Vital Records office for in-person pickup with valid ID. Cards are valid for five years from the date of issuance.⁸ Renewal runs back through the certifying physician. Letting the card lapse means losing legal protection for possession, so track the expiration date.

Minor Patients and Caregivers

Children under 18 can qualify, but the eligible conditions are narrower. Minors must have a diagnosis of severe autism specifically, while adults qualify with any autism spectrum diagnosis, and PTSD is limited to patients 18 and older.³ For a minor patient, a parent, guardian, or legal custodian applies on the child’s behalf and receives their own registry card authorizing possession and transport.⁴

Only three categories of people can hold a card: the adult patient, a legal guardian of an adult patient, or a parent or legal guardian of a minor patient.⁴ Each cardholder is authorized to possess up to 20 fluid ounces.² The program does not recognize friends, roommates, or other informal caregivers. If a patient cannot manage their own medication, only someone with legal guardianship can step in.

Where the Oil Comes From

The Georgia Access to Medical Cannabis Commission oversees all in-state growing, manufacturing, and retail sales of low-THC oil.⁹ Only a small number of producer licenses have been issued, and dispensary rollout has been slow. Patients who obtained cards before dispensaries opened in their area historically had to acquire oil through other legal channels, such as purchasing in another state and returning within the 45-day window discussed below.

Visiting Georgia With an Out-of-State Card

Georgia offers a narrow form of recognition for out-of-state cards. If you hold a valid registration card from another state that allows possession of low-THC oil under the same terms as Georgia law, you may legally possess up to 20 fluid ounces while visiting, but only for the first 45 days you are in Georgia.² After 45 days, the out-of-state card no longer provides legal protection.

The catch: your home state’s card has to authorize the same type of possession Georgia allows. If your state permits flower, edibles, or higher-THC products and you bring those into Georgia, the 45-day provision does not protect you. Protection applies only to low-THC oil meeting Georgia’s 5% cap, in proper pharmaceutical packaging. Georgia has no broader reciprocity agreements with other states.¹⁰ And the provision covers possession within Georgia by someone who already has the product; the act of transporting cannabis across a state line remains a federal offense regardless of either state’s program.

What the Card Does Not Cover

Driving

A registry card does not shield you from a DUI charge. Georgia’s DUI statute makes it illegal to drive with any amount of marijuana or its metabolites in your blood or urine.¹¹ THC metabolites can remain detectable long after any impairment has worn off, which means a registered patient who used low-THC oil days ago could still test positive.

The statute contains a partial defense for people legally entitled to use a drug: you are not in violation if you can show the drug did not render you incapable of driving safely.¹¹ In practice, that shifts the burden to you. A blood test showing THC metabolites gives prosecutors a starting point, and rebutting it takes evidence you were not actually impaired at the time. Officers can still cite red eyes, slow responses, or the odor of cannabis as evidence of impairment during the stop.

Employment

Georgia provides no employment protections for registered patients. Employers can enforce drug-free workplace policies, and a positive THC test can lead to termination or denial of employment even if the cannabis was legally obtained under state law.¹²

State agencies that receive federal funding must terminate employees who test positive, since the federal government still classifies marijuana as a Schedule I controlled substance. Employees in safety-sensitive positions regulated by the U.S. Department of Transportation face the same mandatory termination. Even for non-DOT positions at agencies that choose not to follow a zero-tolerance approach, there are no accommodation requirements. The state’s guidance is blunt: holding a registry card does not create ADA protections in the workplace related to medical marijuana use.¹² Private employers generally have broader latitude to set their own drug policies. Anyone whose employer conducts routine or random drug testing should weigh that before beginning treatment.

Penalties for Stepping Outside the Rules

Registered patients can still face criminal charges if they possess the wrong form of cannabis or exceed the 20-ounce oil limit. Under O.C.G.A. 16-13-30, possessing marijuana in any unauthorized form is a felony punishable by one to ten years in prison.¹³ A separate provision under O.C.G.A. 16-13-2 allows lesser penalties for possession of one ounce or less, which is treated as a misdemeanor. The line matters: a registered patient caught with a small amount of flower faces a misdemeanor, but the same patient with more than an ounce of flower faces a felony carrying serious prison time.

Trafficking charges begin at quantities over ten pounds and carry mandatory minimum sentences, with a maximum of 30 years for any trafficking conviction.¹⁴ And moving any cannabis product across state lines can bring federal drug trafficking charges regardless of whether both states run medical cannabis programs.

1
Justia. Georgia Code 16-12-190 – Definition
2
Justia. Georgia Code 16-12-191 – Possession, Manufacture, Distribution, or Sale of Low THC Oil; Penalties
3
Justia. Georgia Code 31-2A-18 – Low THC Oil Patient Registry
4
Georgia Department of Public Health. Low THC Oil – FAQ for Law Enforcement
5
Georgia Department of Public Health. Low THC Oil Registry
6
Georgia Secretary of State. Chapter 360-36 Low THC Oil
7
Rules and Regulations of the State of Georgia. Subject 511-5-11 Low THC Oil Patient Registry
8
Georgia Department of Public Health. Low THC Oil Information for Patients and Caregivers
9
GA Access to Medical Cannabis Commission. History and Purpose
10
GA Access to Medical Cannabis Commission. Frequently Asked Questions
11
Justia. Georgia Code 40-6-391 – Driving Under the Influence
12
Georgia Department of Administrative Services. Medical Marijuana FAQ
13
Justia. Georgia Code 16-13-30 – Purchase, Possession, Manufacture, Distribution, or Sale of Controlled Substances or Marijuana; Penalties
14
Justia. Georgia Code 16-13-31 – Trafficking in Cocaine, Illegal Drugs, Marijuana, or Methamphetamine; Penalties