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Georgia Marijuana Laws

State marijuana laws vary quite a bit from one another, and change quite frequently. While Georgia traditionally has had quite strict laws regarding the use of cannabis, the Peach State allows the very limited use of the herb. House Bill 1, also known as the "Haleigh's Hope Act," permits eligible patients to possess cannabis oil with a low percentage of THC (which produces the "high"). This is subject to change, as this area of law and regulation continues to evolve.

Here’s a look at the current state of Georgia marijuana laws.

Marijuana Under Georgia Law

The possession, sale, trafficking, and cultivation of marijuana is illegal in most states, although a few states tightly regulate its receational use (with varying approaches to retail sales and home cultivation). However, roughly half of all states allow the medicinal use of cannabis. Georgia marijuana laws are relatively strict, but many counties in the state offer alternative sentencing programs for offenders, which offer treatment in lieu of jail time. Possession of more than 1 ounce of marijuana is a felony in Georgia, punishable by one to 10 years in prison.

Georgia Marijuana Statutes

The following chart highlights the main provisions of Georgia marijuana laws.

Code Section

16-13-30, et seq.


1 oz or less: misdemeanor, 1 yr. or $1,000 fine; more than 1 oz (but less than 10 lbs.): felony, 1-10 yrs.; over 10 lbs. is considered trafficking

Medical Marijuana Eligible patients may possess up to 20 ounces of low-THC (high-CBD) cannabis oil; possession of the whole plant is not allowed, nor is cultivation. Although low-TCH cannabis oil is legal in the state, it is not clear how it should be obtained.

Sale or Trafficking

Felony. 10 lbs or less: 1-10 yrs; 10-2000 lbs.: 5 yrs. and mandatory $100,000; 2000-10,000 lbs.: 7 yrs. and mandatory $250,000; Over 10,000 lbs.: 15 yrs. and mandatory $1,000,000

Despite what another state’s marijuana laws says, marijuana possession and sale remains illegal under a federal law known as the Controlled Substance Act. Federal law always trumps if there is a conflict between state and federal law. While federal law enforcement agencies have not interfered with most states’ handling of certain marijuana cases, the federal government still has the authority to enforce restrictions on everything from the manufacturing and cultivation to the trafficking and distribution, as well as the possession of marijuana.

Georgia Marijuana Laws: Related Resources

Every state handles drug laws differently and enforcement of a drug case can vary depending on your specific circumstances. You can access more general information in FindLaw’s drug charges section, or, if you would like legal assistance with a current drug case, you can schedule a consultation with a drug crime attorney in Georgia.

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