Georgia Marijuana Laws
Marijuana laws in Georgia are strict, and only medicinal CBD extracts are permitted for use by registered patients. Georgia’s Hope Act also legalized possession of up to 20 fluid ounces that contains no more than 5 percent THC, but does not outline in-state sales as dispensaries are not yet active.
LAW BREAKDOWN
LAW BREAKDOWNS
Marijuana is illegal in Georgia for all but limited medical uses. The state’s new medical cannabis law will allow the use of CBD oil for severe seizure disorders, but full medicinal marijuana is not yet legal.
Possession
Simple possession of less than an ounce of cannabis is a misdemeanor with a maximum penalty of 1 year in jail and $1,000 in fines. Possession of more than an ounce is a felony punishable by at least 1 year in jail, as many as 10 years in prison, and $5,000 in fines.
When it is deemed that marijuana is possessed with intent to distribute, the offense is a felony, and the term of incarceration depends on the amount involved.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Personal Use |
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| 1 oz or less | Misdemeanor | 1 year | $ 1,000 |
| More than 1 oz | Felony | 1* – 10 years | $ 5,000 |
With intent to distribute |
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| 10 lbs or less | Felony | 1* – 10 years | $ 5,000 |
| 10 – 2000 lbs | Felony | 5* – 30 years | $ 100,000 |
| 2000 – 10,000 lbs | Felony | 7* – 30 years | $ 250,000 |
| More than 10,000 lbs | Felony | 15* – 30 years | $ 1,000,000 |
| Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone | Felony | 5* – 40 years | $ 40,000 |
| *Mandatory Minimum Sentence | |||
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Sale and Delivery
Any sale or delivery of marijuana to another person is a felony in Georgia. If the amount is less than 10 pounds, the penalty is a minimum sentence of 1 year in jail, a maximum of 10 years in prison, and $5,000 in fines.
Sale or delivery of between 10 pounds and 20,000 pounds is punishable by between 5 and 30 years in prison, plus a maximum $100,000 fine. The penalties for sale or delivery of between 2,000 and 10,000 pounds is between 7 and 30 years in prison, plus $250,000 in potential fines. If the amount is greater than 10,000 pounds, the sentence will include a minimum of 15 years in prison and a maximum of 30, along with top fines of $1 million.
Finally, the sale or delivery of marijuana within 1,000 feet of a school, park, or public housing project, or in a drug-free zone is a felony punishable by up to 20 years in prison and a maximum fine of $20,000 on a first offense. A subsequent offense is punishable by between 5 and 40 years in prison, and a fine of up to $40,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 10 lbs or less | Felony | 1* – 10 years | $ 5,000 |
| 10 – 2000 lbs | Felony | 5* – 30 years | $ 100,000 |
| 2000 – 10,000 lbs | Felony | 7* – 30 years | $ 250,000 |
| More than 10,000 lbs | Felony | 15* – 30 years | $ 1,000,000 |
| Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone | Felony | 5* – 40 years | $ 40,000 |
| *Mandatory Minimum Sentence | |||
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Cultivation
Any cultivation or manufacture of cannabis is a felony in Georgia. For amounts less than 10 pounds, the penalty includes a minimum of 1 year in jail and a maximum of 10 years in prison, plus $5,000 in fines.
For amounts between 10 pounds and 2,000 pounds, the minimum prison sentence is 5 years while the maximum is 30 years, and fines can reach $100,000. Cultivation of between 2,000 and 10,000 pounds is punishable by between 7 and 30 years in prison and $250,000 in fines.
Growing more than 10,000 pounds of marijuana, meanwhile, is punishable by between 15 and 30 years in prison and a maximum $1 million fine. It is also a felony, punishable by between 5 and 40 years in prison, plus $40,000 in fines, to cultivate cannabis within 1,000 feet of a school, park, or public housing project, or in a drug-free zone.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 10 lbs or less | Felony | 1* – 10 years | $ 5,000 |
| 10 – 2000 lbs | Felony | 5* – 30 years | $ 100,000 |
| 2000 – 10,000 lbs | Felony | 7* – 30 years | $ 250,000 |
| More than 10,000 lbs | Felony | 15* – 30 years | $ 1,000,000 |
| Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone | Felony | 5* – 40 years | $ 40,000 |
| *Mandatory Minimum Sentence | |||
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Concentrates
Hashish and concentrates are treated more harshly than regular marijuana: Possession of any amount is a felony with a minimum penalty of 1 year in jail and a maximum sentence of 15 years in prison.
Making hash or other concentrates is also a felony, as is sale and possession with intent to deliver. That offense carries a sentence of between 5 and 30 years in prison on a first offense, plus $5,000 in fines. All penalties for concentrates increase on subsequent convictions.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of less than 1 g (solid substance) or less than 1 ml (liquid substance) | Felony | 1* – 3 years | $ 5,000 |
| Possession of 1 g – less than 4 g (solid substance) or 1 ml – less than 4 ml (liquid substance) | Felony | 1* – 8 years | $ 5,000 |
| Possession | Felony | 1* – 15 years | $ 5,000 |
| Manufacturing, distributing, selling, or possessing with the intent to distribute | Felony | 5* – 30 years | $ 5,000 |
| *Mandatory Minimum Sentence | |||
| Subsequent offenses carry stricter penalties. | |||
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Paraphernalia
Possession, use and sale of marijuana paraphernalia are all crimes in Georgia. Paraphernalia includes all drug-related items, including those used in the cultivation, growing, harvesting, analysis, testing, enhancing, storage, or use of marijuana.
Possession and use. Possession of cannabis paraphernalia is a misdemeanor in Georgia unless the items are intended strictly for use with legal substances. The maximum penalty is 1 year in jail and $1,000 in fines.
Sale and delivery. Sale or possession with intent to sell is also a misdemeanor, and the penalty for a first offense is up to 1 year imprisonment and $1,000 in fines. On a second offense, the maximum fine increases to $5,000. Any subsequent offense is a felony punishable by between 1 and 5 years’ imprisonment and a fine of up to $5,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession or sale of paraphernalia | Misdemeanor | 1 year | $ 1,000 |
| Second and third offenses carry additional penalties and fines. | |||
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Miscellaneous
| Forfeiture | |||
|---|---|---|---|
| Vehicles and other property may be seized. | |||
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| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Abandoning marijuana in a public place | Misdemeanor | 1 year | $ 1,000 |
| Involving a minor | Felony | 5 – 20 years | $ 20,000 |
| Distribution of marijuana flavored product | Misdemeanor | N/A | $ 500 |
| Use of any communications facility | Felony | 1 – 4 years | $ 30,000 |
| Any conviction of a marijuana possession, sale, or cultivation offense results in suspension of driving license. | |||
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Medical Marijuana
MEDICAL MARIJUANA
Georgia became the 13th state to legalize the use of CBD oil when it was signed into law in 2015. Qualifying patients will have access to this form of marijuana extract to treat a long list of debilitating conditions.
QUALIFYING CONDITIONS:
- AIDS
- Alzheimer’s disease
- Amyotrophic Lateral Sclerosis
- Autism
- Cancer
- Crohn’s disease
- Hospice care patients
- Intractable Pain
- Mitochondrial disease
- Multiple sclerosis
- Parkinson’s disease
- Post-traumatic stress syndrome
- Severe or end stage Peripheral neuropathy
- Seizure disorder
- Sickle cell disease
- Tourette’s syndrome
PATIENT POSSESSION LIMITS:
20 ounces of infused cannabis oils containing no more than 5 percent THC, and the amount of CBD must be equal to or greater than the amount of THC.
HOME CULTIVATION:
No
STATE-LICENSED DISPENSARIES:
No
CAREGIVERS:
No
RECIPROCITY:
No
Georgia Marijuana Attorneys
The following Georgia lawyers are actively involved in the practice of cannabis law:
