Georgia Marijuana Laws 2026

Is marijuana legal in Georgia in 2026?

Not in the way most people mean the word “legal.” Georgia has a very limited medical cannabis program — patients can possess and purchase low-THC cannabis oil and (as of May 2026) vaporized cannabis from licensed dispensaries. But flower, edibles, concentrates, and recreational use remain illegal for everyone.

Georgia’s program is one of the most restrictive in the country. The maximum THC content is 5%, the CBD content must meet or exceed the THC content, and the allowed product forms are oil, tinctures, capsules, patches, lotions, and (newly) vaporized cannabis. You cannot smoke marijuana in Georgia — even with a valid medical card.

What just changed — SB 220 (signed May 12, 2026): Governor Kemp signed the Putting Patients First Act, which is the most significant expansion of Georgia’s program since dispensaries opened in 2023. The key changes:

• Vaporized cannabis is now an allowed product form for registered patients
• The program is officially renamed from “low-THC oil” to “medical cannabis” or “medical marijuana” under Georgia law
• Lupus is added as a qualifying condition
• Some documentation requirements for terminal illness patients (cancer, Parkinson’s) are removed to simplify access
• Out-of-state medical cannabis patients visiting Georgia now have reciprocity rights

What remains unchanged: Flower, edibles, hash, and concentrates are still prohibited. Recreational use is still illegal. The 5% THC cap still applies. Any marijuana possession without a valid patient registration card is a criminal offense.

Without a valid card, any amount of marijuana for any purpose is a crime in Georgia. Simple possession under one ounce is a misdemeanor. Possession over one ounce is a felony with a mandatory minimum sentence.

A note on local ordinances: Some Georgia cities including Atlanta, Savannah, and Athens have passed local ordinances that give law enforcement officers discretion to issue civil citations instead of making arrests for small amounts of marijuana. State law still applies — an officer can still choose to arrest you — but officers in these cities may issue a fine instead.

Possession penalties

Without a valid medical cannabis registration card, any marijuana possession is a criminal offense in Georgia. A drug conviction also results in automatic driver’s license suspension and vehicle and property forfeiture can apply.

*Mandatory minimum. Any conviction results in automatic driver’s license suspension. Vehicles and other property may be seized.

Abandoning marijuana

Abandoning marijuana in a public place is a misdemeanor carrying up to 1 year imprisonment and a $1,000 fine. Using a communications facility to facilitate a drug deal is a felony, punishable by 1 to 4 years and up to $30,000. Involving a minor is a felony with 5 to 20 years and a maximum $20,000 fine. Distributing a flavored marijuana product carries a maximum $500 fine.

Sale, distribution, and cultivation

Any sale or distribution of marijuana outside the licensed medical program is a felony in Georgia. Cultivation carries the same penalties as distribution based on the weight involved.

*Mandatory minimum sentence. Penalties double for sale to a minor. All distribution convictions result in automatic driver’s license suspension.

Concentrates and paraphernalia

Georgia treats concentrates significantly more harshly than marijuana flower. Any amount of hash, hash oil, wax, or other marijuana concentrate is a felony for anyone without a valid patient registration card — even if the amount is tiny.

*Mandatory minimum. Subsequent convictions carry stricter penalties.

Paraphernalia

Possession and use of marijuana paraphernalia is a misdemeanor (up to 1 year, $1,000) on a first offense. Sale or possession with intent to sell is also a misdemeanor on a first offense; a second offense increases the maximum fine to $5,000; a third or subsequent offense is a felony punishable by 1 to 5 years.

Georgia medical cannabis program

Georgia’s program — now officially called “medical cannabis” under SB 220 — is one of the most restrictive in the country. It allows registered patients to purchase and possess low-THC cannabis oil and (since May 2026) vaporized cannabis from licensed dispensaries. Flower, edibles, and concentrates remain illegal for everyone.

What conditions qualify?

A licensed Georgia physician must certify that you have at least one of the following:

• AIDS
• Alzheimer’s disease
• Amyotrophic lateral sclerosis (ALS)
• Autism spectrum disorder
• Cancer (end stage or undergoing treatment)
• Crohn’s disease
• Hospice care (enrolled patients)
• Intractable pain
• Lupus (NEW — added by SB 220, May 2026)
• Mitochondrial disease
• Multiple sclerosis
• Parkinson’s disease
• Post-traumatic stress disorder (PTSD)
• Peripheral neuropathy (severe or end-stage)
• Seizure disorder related to diagnosis of epilepsy
• Sickle cell disease
• Tourette’s syndrome

How do you get a Georgia medical cannabis card?

You must be a Georgia resident, receive a physician’s certification for a qualifying condition, and register with the Georgia Department of Public Health. Telemedicine certifications are accepted. The card costs $30 and is valid for 5 years. You can then purchase from any licensed dispensary or authorized pharmacy in the state.

Can patients consume anywhere?

No. Smoking marijuana — including by medical patients — is prohibited. Patients may now use vaporized cannabis under SB 220, but public consumption of any form is illegal. All cannabis use must be in private.

Can patients grow their own cannabis?

No. Home cultivation is illegal for everyone in Georgia, including registered medical patients. All cannabis must be purchased from a Georgia Access to Medical Cannabis Commission (GMCC) licensed dispensary or authorized pharmacy.

Local decriminalization ordinances

State law in Georgia applies everywhere — any amount of marijuana without a medical card is a misdemeanor or felony under state statute. But some Georgia cities have passed local ordinances that give police officers discretion to issue civil citations instead of making arrests for small amounts.

Cities with local marijuana ordinances include Atlanta, Savannah, Athens-Clarke County, and others. In these jurisdictions, officers can issue a civil fine (typically $75-$150) for possession of a small amount instead of making an arrest. But this is officer discretion — an officer can still choose to apply state law and make a criminal arrest. A local ordinance does not override state law or protect you from a state charge.

If you are in a city with a local ordinance and receive a civil citation, you still have a record of the encounter. Verify the current rules in your specific city before drawing any conclusions about your legal exposure.

Recent changes

• May 12, 2026: Governor Kemp signed SB 220 — the Putting Patients First Act. Major changes: vaporized cannabis is now a legal product form for registered patients; the program is officially renamed from “low-THC oil” to “medical cannabis/medical marijuana” under Georgia law; lupus is added as a qualifying condition; documentation burdens for terminal illness patients are eased; out-of-state medical cannabis reciprocity is established. This is the most significant expansion of Georgia’s program since dispensaries opened in 2023.
• 2025 legislative session: SB 33 passed, restricting delta-8 and delta-10 THC hemp products available outside of the regulated medical program. SB 254 banned THC-infused beverages statewide. Georgia patients seeking THC-based products should use the formal medical program rather than over-the-counter hemp alternatives.
• October 2024: The Low THC Oil Registry card validity was extended from 2 years to 5 years. The application fee was set at $30. Online card payments and home delivery of registry cards were added.
• November 2024: Georgia’s medical cannabis program surpassed 25,000 enrolled patients. 13 dispensaries were operational at that point; the network has since grown to 19 dispensaries plus 56 authorized pharmacies.
• April 2023: Georgia’s first licensed medical cannabis dispensaries opened, making in-state purchase possible for the first time — eight years after the original 2015 law created the patient registry.
• 2019: HB 324 (the Hope Act) authorized in-state production and distribution of low-THC oil and created the Georgia Access to Medical Cannabis Commission (GMCC) to regulate the program.
• 2015: Haleigh’s Hope Act (HB 1) created Georgia’s Low THC Oil Registry, legalizing possession of low-THC oil for registered patients — but with no in-state source. Patients had no legal way to obtain the product inside Georgia for the next eight years.