While cannabis is not a scheduled substance in Georgia, it remains illegal for personal recreational use. In fact, being caught with even a minor amount of cannabis within the state can result in fines and incarceration.
Throughout this article, we’re going to give you all the information you need on cannabis laws and regulations in the state of Georgia.
Cannabis Possession Laws in Georgia
Unless you have a state-licensed medicinal marijuana card, it’s illegal to possess any amount of cannabis within the state. Current consequences are as follows:
- 1 ounce or less – results in a misdemeanor that’s punishable with a $1,000 fine and up to 1 year incarceration.
- More than 1 ounce – results in a felony that’s punishable with a $5,000 fine and between 1 to 10 years incarceration.*
- Paraphernalia – a misdemeanor that’s punishable with a $1,000 fine and up to 1 year incarceration.
*Incarceration time depends on the amount of cannabis you’re in possession of. Generally speaking, the more cannabis you have, the more time you’ll have to do.
These laws are also strictly enforced for individuals who are in possession of cannabis with the intent to sell. How law enforcement determines what is the intent to sell varies, but common indicators include having large sums of cannabis, having items necessary for sale (i.e. baggies, scales, etc.), and getting caught in a transaction.
In Georgia, if you are caught with the intent to distribute, deliver, or cultivate cannabis, your charges will vary depending on how much marijuana you are in possession of:
- 10 pounds or less – a felony charge that’s punishable with a fine of up to $5,000 and between 1 to 10 years incarceration.
- 10 – 2,000 pounds – a felony charge that’s punishable with a fine of up to $100,000 and between 5 to 30 years incarceration.
- 2,000 – 10,000 pounds – a felony charge that’s punishable with a fine of up to $250,000 and between 7 to 30 years incarceration.
- More than 10,000 pounds – a felony charge that’s punishable with a fine of up to $1,000,000 and between 15 to 30 years incarceration.
- Within 1,000 feet of school grounds, a park, a housing project, or a drug-free zone – a felony charge that’s punishable with a fine of $40,000 and between 5 to 40 years incarceration.
Hash and Concetrates
While Georgia is just as strict about hash and concentrates as they are about regular cannabis, the laws differ a bit:
- Less than 1 gram (solid substance) or less than 1 mL (liquid substance) – a felony charge that’s punishable with a fine of $5,000 and between 1 to 3 years incarceration.
- 1 gram to less than 4 grams (solid substance) or 1 mL to less than 4 mL (liquid substance) – a felony charge that’s punishable with a fine of $5,000 and between 1 to 8 years incarceration.
- More than 4 grams (solid substance) or 4 mL (liquid substance) – a felony charge that’s punishable with a fine of $5,000 and between 1 to 15 years incarceration.
Sales of hash or concentrates come with similar charges to that of possession. The key difference is the minimum sentence is 5 years and the maximum is 30 years.
Miscellaneous Cannabis Possession Laws
There are a few other laws that you may be subjected to depending on the situation law enforcement finds you in. These include:
- Abandoning marijuana in a public place – a misdemeanor that’s punishable with a $1,000 fine and up to 1 year incarceration.
- Involving a minor – a felony that’s punishable with a $20,000 fine and between 5 to 20 years incarceration.
- Distributing marijuana flavored products – a misdemeanor that’s punishable with a $500 fine.
- Using any communications facility – a felony that’s punishable with a $30,000 fine and between 1 to 4 years incarceration.
Medicinal Cannabis in Georgia
In 2015, Georgia passed a law that allows medicinal marijuana patients to possess low-dose tetrahydrocannabinol (THC) cannabis oil – less than 5%. Individuals who can apply for legal access to this cannabis include those struggling with the following conditions:
- Amyotrophic Lateral Sclerosis (ALS)
- Cancer
- Chron’s Disease
- Intractable Pain
- Mitochondrial Disease
- Multiple Sclerosis
- Parkinson’s Disease
- Post-traumatic Stress Disorder (PTSD)
- Seizure Disorders
- Sickle Cell Disease
All patients are allowed up to 20 ounces and are only allowed to consume cannabis in oil form (tinctures).