Cohen & Sinowski
Cohen & Sinowski

High Times in the Peach State: A Guide to Georgia’s Marijuana Laws

  • Published: April 20, 2023

Marijuana Laws Georgia

Georgia’s marijuana laws may leave you feeling a bit dazed and confused, but fear not! This guide will light up your knowledge on everything from possession to cultivation, so you can roll up prepared and stay on the high side of the law. Whether you’re a budding enthusiast or a seasoned smoker, we’ll help you navigate the hazy regulations and keep you blazing ahead. So sit back, relax, and get ready to toke up some knowledge on Georgia’s marijuana laws!

First things first: what’s the buzz on marijuana? Marijuana is a plant that contains high-ly potent chemicals called cannabinoids that lift users to a euphoric state when consumed. The most smokin’ form of cannabis used for recreational purposes is dried flowers from female plants, but there are ganja alternatives like extracts made from other dank parts of the plant, such as leaves or resin glands called trichomes (which boast even more stonkin’ THC). So, whether you’re a green newbie or a chronic connoisseur, there’s a type of marijuana to spark your interest.

Possession Laws

Possession of marijuana in Georgia can weed out the law-abiding from the rule-breakers. The penalties for possession grow depending on the amount of marijuana you have and whether you’re a green offender or a seasoned stoner.

If you’re caught with less than one ounce (28 grams), it’s considered a misdemeanor and could plant you in jail for up to one year and/or harvest a fine of up to $1,000. If this is your first joint with trouble, though, there’s no jail time or fine—just community service hours and maybe some drug education classes (which may be required by higher authorities).

If you’re caught with more than an ounce but less than two ounces (56 grams), then it buds into a felony, rolling up to five years in the cannabis cell, plus an additional three years if convicted again within five years after release from prison. However, these blunt sentences can be smoked down if certain conditions are met, like completing treatment programs or performing community service hours.

Public Consumption

Public consumption is defined as lighting up or consuming marijuana in a public place, such as on a sidewalk or in a park. In Georgia, it’s also illegal to roll on with cannabis while driving or riding in a vehicle. If you’re caught puffing the magic dragon in public, you could face misdemeanor charges that spark fines up to $1,000 and jail time of up to 12 months (or both). If you have previous bowling convictions for possession of marijuana within the last five years, those penalties may blaze significantly higher—upwards of $5,000 in fines and one year baked behind bars!

Medical Marijuana Laws

In Georgia, the medical marijuana program is limited to the use of low-THC cannabis oil for certain medical conditions. The following medical conditions are currently enumerated in Georgia’s medical marijuana laws:

  • Cancer, when such diagnosis is end stage or the treatment produces related wasting illness or recalcitrant nausea and vomiting
  • Amyotrophic lateral sclerosis (ALS), when such diagnosis is severe or end stage
  • Seizure disorders related to diagnosis of epilepsy or trauma related head injuries
  • Multiple sclerosis, when such diagnosis is severe or end stage
  • Crohn’s disease
  • Mitochondrial disease
  • Parkinson’s disease, when such diagnosis is severe or end stage
  • Sickle cell disease, when such diagnosis is severe or end stage
  • Tourette’s syndrome, when such syndrome is diagnosed as severe
  • Autism spectrum disorder, when (a) patient is 18 years of age or more, or (b) patient is less than 18 years of age and diagnosed with severe autism
  • Epidermolysis bullosa
  • Alzheimer’s disease, when such disease is severe or end stage
  • AIDS when such syndrome is severe or end stage
  • Peripheral neuropathy, when symptoms are severe or end stage
  • Hospice program patients

It’s worth noting that the list of qualifying medical conditions may change as the Georgia medical marijuana program continues to evolve.

Cultivation Laws

You may be wondering, what roots cultivation? Well, it’s a pretty simple process: growing marijuana. You can sow this by yourself or with buddies, but either way, you’ll need some equipment and space to branch out your plants.

If you’re caught leafing through marijuana growth in Georgia, there will be reapercussions. If you have less than an ounce on your person when arrested for cultivation (and no other charges), then it will be considered a seedy misdemeanor offense and punishable by up to 12 months in the flower slammer or fines up to $1,000 – whichever is planttier. If found guiltivated of more than one ounce but less than 10 pounds (or possessing any amount within 1 mile of school property), then your punishment could blossom into imprisonment between 1-10 years along with fines up to $100k ($250k if potentially near schools).

Drug Testing Laws

Drug testing is a weedy process that measures the presence of drugs in your body. The most common way to sniff out drugs is through urine samples, but blood and hair samples can also sprout up as options.

Drug tests hunt for the high by looking for traces of THC (the joint ingredient in marijuana) and other cannabinoids like CBD, which can stick around in your system for up to 30 days after consuming cannabis products.

Failing a drug test can potentially lead to serious consequences depending on what type of job you have and what stage of life you’re at: if you’re green in age (younger than 21 years old), failing a drug test could get you smoked out of school; if it happens while applying for federal student loans or grants (or any other high stakes government-funded program), it could mean losing access altogether; if it happens at work or school—especially if they’re public institutions—you might lose your job, budding scholarship, or grant money!

Employment Laws

The Georgia employment laws are jointly strict when it comes to marijuana. If you fail a drug test at work, your employer can weed you out without any notice or reason.

If you have been convicted of a felony related to possession or distribution of marijuana, it will stick like resin for the rest of your life. This means that even if you’ve served your sentence and paid the price for your pot, employers can still see this information on background checks and refuse employment based on it.

If an individual has been convicted twice as high within five years (whether they were misdemeanors or felonies), it will also be considered as such for the rest of their lives—even if those convictions were rolled up in unrelated cases!

Legalization Efforts

Georgia has been a high spot of marijuana activism for years. In 2015, the state legislature rolled up a law decriminalizing possession of less than an ounce of weed. That same year, a poll found that 71 percent of Georgians support legalizing recreational marijuana—the highest percentage in the country at the time. But despite these efforts and public opinion polls showing blazing support for legalization, there’s still no sign that Georgia will become one of the next states where you can score legal pot anytime soon.

The joint reason? Money and power—and some very influential people who don’t want to see this budding change happen anytime soon!

In the end, it’s important to remember that this is a growing area of law. While Georgia has made significant progress in trimming penalties for marijuana possession and use, there are still many questions left un-smoked by state law.

If you have any further questions about your rights under Georgia’s marijuana laws or need assistance with a criminal defense matter related to marijuana possession or use, weed be happy to help! Roll over your concerns to us today, and we’ll make sure you’re on the high road to understanding your legal rights.

Understanding the Impact of DUI and Marijuana in Personal Injury Cases in Georgia

In recent years, the legal landscape surrounding marijuana has been going through a “joint” transformation across the United States, leading to changes in how DUIs related to marijuana are “rolled” out. In Georgia, it is essential to “weed” out the facts and understand the role that marijuana plays in personal injury cases involving impaired driving. While the mere presence of cannabis metabolites no longer constitutes a “high” risk for a DUI, driving under the influence of marijuana can still have “blazing” serious consequences, particularly when it comes to personal injury claims.

In Georgia personal injury cases, it is “baked” into the process to establish the connection between a driver’s marijuana use and the accident itself. This can often be a “sticky” challenge, as proving impairment due to marijuana may require “highly” specialized expert testimony and additional evidence. However, if it can be demonstrated that a driver was “stoned” behind the wheel and that their impairment played a role in causing the accident, they can be held responsible for any “smokescreen” of damages that result from the collision.

As laws continue to “roll” with the times, it is important for Georgia drivers to stay “highly” informed about how marijuana and DUI laws may impact personal injury cases. If you or a loved one has been injured in an accident involving an impaired driver, it is essential to “weed” out your options and seek the help of an experienced personal injury attorney who can “light up” the path through the complexities of the legal system and help ensure that you receive the compensation you deserve.

In conclusion, while the laws surrounding marijuana and DUIs in Georgia are “growing” and evolving, the potential for personal injury claims involving impaired drivers remains a “blunt” concern. Understanding the impact of DUI and marijuana in these cases is crucial for those “toking” the path of justice and compensation for their injuries. Always drive responsibly and stay “lit” on the ever-changing legal landscape surrounding marijuana and impaired driving.


Official Code of Georgia Annotated, Title 16, Chapter 12, Article 3, Part 3A, Section 16-12-204.1 – Low THC Oil Patient Registry

Georgia Department of Public Health – Medical Marijuana Program

Georgia Access to Medical Cannabis Commission

These sources provide comprehensive information on Georgia’s medical marijuana laws, including the qualifying medical conditions for patients to obtain low-THC cannabis oil.

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