Everything you need to know about CBD, Hemp, & Medical Marijuana in Georgia. Is it legal? Will I pass my drug test? Can I go to jail? And… Looking to buy legal CBD oil in Georgia? This article will answer all your questions about the law and show you where to buy CBD oils. What does the law do?
What is CBD and Is It Legal in Georgia?
CBD is a naturally occurring chemical sold and purchased across the State of Georgia. CBD is an abbreviation for cannabidiol, which is a chemical found in marijuana & hemp plants that does NOT produce the “high” associated with THC (the psychoactive chemical found in marijuana plants). According to the National Cancer Institute CBD may relieve pain, reduce inflammation, and decrease anxiety. For this reason, many companies sale products infused with CBD, such as soaps, lotions, oils, herbs, cigarettes, and more. This blog gives you some basic info about CBD and its legal status in Georgia.
Is CBD the same as Marijuana?
No. CBD and marijuana are NOT the same thing. Although CBD is a component of marijuana, it can also be extracted from hemp, which was recently defined by the federal government as a plant from the cannabis species that contains 0.3% THC or less.
Hemp and Marijuana look and smell alike but contain different levels of THC. While federal regulations require legal hemp plants to contain 0.3% THC or less, marijuana tends to contain much more.
So CBD is legal, but Marijuana is illegal?
Yes. However it’s a bit more complicated. The federal government distinguishes hemp from marijuana, and the Agriculture Improvement Act of 2018 made all hemp agriculture legal in the United States. As a result, The State of Georgia passed its own Hemp Farming Act in 2019 that regulates hemp.
However, the federal government continues to categorize marijuana as a Schedule I Controlled Substance (drugs considered to have no medical benefit). Despite evidence that this categorization is rooted in political motives & lacking scientific support, our government has refused changing this classification.
What does Georgia say about CBD?
CBD is legal in Georgia if it contains no more than 0.3% THC. Your CBD must have a clear and accurate label, for instance. There are many fake products with inaccurate labels, unverified testing, and unnatural ingredients.
What does Georgia say about Marijuana?
Although still behind the national trend, Georgia has legalized limited medical marijuana. For example, residents are allowed to apply for a Low THC Oil Registry Card from the Georgia Department of Health. With this card, you can carry up to 20 fluid ounces of cannabis oil containing no more than 0.5% THC per weight. The Low THC Oil Registry Card will be distributed to Georgia residents who obtain a doctor’s prescription. You must have a diagnosis such as cancer, ALS, Seizures, Multiple Sclerosis, Crohn’s Disease, Mitochondrial Disease, Parkinson’s Disease, Sickle Cell Disease, Tourette’s Syndrome, Epidermolysis Bullosa, AIDS, or Peripheral Neuropathy, to obtain this card.
Can I break the law by possessing CBD or Marijuana?
Yes. It is illegal to have CBD with more than 0.3% THC, Low-THC Oil with more than 0.5% THC, or more than 20 fluid ounces of Low-THC Oil. Consequently, you could face criminal prosecution in accordance with Georgia’s ban on marijuana.
Possession of an ounce or less of marijuana is considered a misdemeanor. You can face up to 12 months in jail, a $1,000 fine, community service, drug counseling, and monthly supervision.
Possession of more than an ounce of marijuana, or possession of any amount of marijuana less than 10 lbs with the intent to distribute, is considered a felony. You can face up to 10 years in prison, a $100,000 fine, community service, drug evaluations, and monthly supervision.
Trafficking of 10 lbs or more of marijuana is also considered a felony. You can face a minimum sentence of 5 years, 10 years, or 15 years in prison. In addition, you will be facing a minimum fine of $100,000, $250,000, or $1,000,000 (ONE MILLION DOLLARS) depending on the amount of marijuana. The maximum sentence for trafficking marijuana can be up to 30 years in prison.
Will I fail a drug test because of CBD?
Normal to high doses of legal CBD should not result in a failed drug test. Despite this, you need to know as much as you can about the type of CBD you are using to properly determine if you will pass a drug test.
Where to Buy CBD Oil in Georgia in 2022
Georgia was one of the first US states to pass medical marijuana laws — spanning all the way back to 1980.
However, the state has yet to pass recreational cannabis laws despite more than half of US states establishing these laws within the past 10 years.
With that said, cannabis laws are still relatively flexible in the state of Georgia. Residents can order CBD products as well as other hemp-derived cannabinoids including delta 8, delta 10, HHC, THC-O, THCV, and more.
1. All Hemp-Derived Cannabinoids Legal | Marijuana Medical Use Only
Table of Contents
Where To Buy CBD Oil in Georgia:
- Royal CBD Oil— Best CBD Oil Overall
- Gold Bee CBD Gummies— Best CBD Gummies
- CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
- Industrial Hemp Farms— Best CBD Flower
- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Is CBD Legal In Georgia in 2022?
Yes, CBD is completely legal in the state of Georgia — but there are some stipulations.
CBD oil produced from a flowering marijuana plant contains a higher level of THC, which is the chemical that produces the high associated with marijuana. Without a medical marijuana card, these are illegal in Georgia.
Even with a medical marijuana card, your oil must contain an equal amount of CBD to THC, and the THC level cannot exceed 5%.
The other types of CBD oil are produced from industrial hemp plants. These oils generally contain a THC content of less than 0.3% and don’t get the user high.
Industrial hemp CBD oils are legal to purchase and possess in Georgia, and across the United States.
This is a result of the Farm Bill of 2018. The Federal government made changes to the Agricultural Act that removed industrial hemp from the Controlled Substances Act as a Schedule I drug.
These changes made it possible for farmers to legally grow industrial hemp as an agricultural crop to be used for paper, clothing, fuel, food, and research.
The Farm Bill opened the door to legal industrial hemp CBD oil production.
Industrial hemp CBD oil can be conveniently purchased online or in a limited number of stores in Georgia.
Follow our guide below to ensure you get quality CBD oil for the best price.
How to Buy CBD Oil in Georgia
The laws and regulations around CBD oil in Georgia are still a little unclear, which means it can be difficult to find a reliable source for your CBD needs.
The industry is relatively new, which means that companies are popping up like crazy, and many of them are selling sketchy products. Tests have found that some companies are selling oils that contain heavy metals, solvents, or no CBD at all.
Here are a few measures you can take to protect yourself from companies selling low-quality CBD oil products:
- Always be sure to check if the company’s products are tested and approved by a third-party lab. Some of the CBD products you may find on shelves contain significantly less CBD than they’re advertising. These labs can also test for any foreign materials that don’t belong in the oil.
- Watch out for companies that claim that CBD oil is some kind of miracle drug. CBD oil is an extremely versatile health supplement that can help with many problems. However, CBD oil won’t fix broken arms.
- Purchase from companies that use CO2 as their method of extraction. CO2 extraction doesn’t use any additional solvents or heat, which helps to keep your CBD oil pure and clean.
Making your purchase online is the easiest way to verify that the company’s products are legit. If they’re a reputable source, they should have all of these factors listed in an easy-to-find location on their website.
It may be difficult to double-check the source of your products in-store, but local shops should have knowledgeable staff who can point you in the right direction.
Why You Should Buy CBD Online
Making your purchase from a trustworthy online store is by far the most convenient method.
You can find your favorite CBD products in many forms, including creams, tinctures, balms, waxes, and some places even have products for your pets!
Online retailers generally have wider selections than local stores and can save you a lot of driving around the city to compare. Shopping online gives you access to discount deals and special offers that you probably won’t find in-store.
As long as you purchase products with a THC content of 0.3%, you should have no trouble with the law.
Although we always recommend shopping online, if you would prefer to purchase your CBD oils in person, we’ve included a list of places in Georgia where you may be able to find them locally.
See if you can find your city on our list below!
Is Marijuana Legal in Georgia in 2022?
No, marijuana is not legal in Georgia except for medical purposes, and even this program is fairly rigid.
Some cities and counties in Georgia are taking matters into their own hands and have decriminalized marijuana. Of course, this doesn’t mean you’re safe to use or possess marijuana in these places.
Georgia Cities & Counties That Have Decriminalized Marijuana
A number of cities and counties in Georgia have decriminalized marijuana. This does not mean it’s legal, but simply that the penalties have been drastically decreased.
Here are the cities and counties in Georgia that have reduced the penalties regarding marijuana:
Laws change quickly and often, so stay on top of your local laws to avoid issues.
Under federal law in the United States, marijuana is currently regarded as a Schedule 1 drug under the Controlled Substance Act. This means getting caught with marijuana by a federal authority can carry similar penalties to those associated with heroin, meth, and LSD.
Marijuana laws vary significantly from state to state. Historically, Georgia has had harsh penalties for possession of even small amounts of marijuana.
In Georgia, possession of more than an ounce of marijuana is a felony and can be punished with up to 10 years in prison.
If you’re caught with less than an ounce, it’s a misdemeanor that can earn you one year in jail or a $1000 fine.
Although the state and federal laws often don’t agree when it comes to marijuana, the federal government usually doesn’t interfere.
Medical Marijuana in Georgia
In 1980, Georgia was among the first states to pass a medical marijuana law. The law was reserved for those who were suffering from severe glaucoma or cancer patients who were having side effects from chemotherapy.
However, the Drug Enforcement Agency (DEA) stopped the only source of Georgia’s legal, medical marijuana in 1982. Unfortunately, the state had not delivered a single gram of marijuana to any eligible patients by that time.
The state’s medical marijuana program was stopped in its tracks before it had even gotten started.
For more than 30 years, Georgia had a medical marijuana program written into law but had no source of legal marijuana.
Finally in 2015, State Governor Nathan Deal passed a law that would get the ball rolling on medical marijuana in Georgia.
Haleigh’s Hope Act allows registered patients to possess up to 20 ounces of low-THC (less than 5%) cannabis oil to treat specific medical conditions. The amount of CBD must also be at least equal to the THC content.
If you’re looking to register as a medical marijuana patient in Georgia, you must be suffering from one of the following conditions:
It’s important to note that medical marijuana laws in Georgia don’t legalize marijuana use. They simply provide a legal defense in court if the authorities choose to prosecute you for possession.
If you’re approved for a medical marijuana license in Georgia, you must also meet these standards when in possession of cannabis oil:
- If you possess cannabis oil, you must be registered with the Georgia Department of Public Health and must have a registration card on your person when possessing said oil.
- If you are under 18 years of age, then your parent or guardian must possess a card designating them as the patient’s caregiver.
- The medical marijuana oil must contain no more than 5% THC, and it must contain an amount of CBD that is at least equal to the amount of THC.
- The low THC oil must be in a pharmaceutical container, and the label must clearly state the percentage of THC contained therein.
- You may possess no more than 20 fluid ounces of low THC oil.
Remember that even if you meet all of the above requirements, it doesn’t stop a police officer from arresting you and taking you to court for possession. It only means that you have a good reason for doing so when talking to the judge.
Much of the confusion around marijuana law comes from the fact that it’s still totally illegal on the federal level. Regardless of what the state says, a federal authority can still come down and give you trouble.
However, there is hope if you wish you purchase CBD oil in Georgia. Even without a medical marijuana license.
Is Delta 8 THC Legal in Georgia in 2022?
The good news is that you can buy delta 8 THC in Georgia. Some states have banned it, and most question its legality, but it’s accessible for now.
Delta 8 makes a good alternative for marijuana; its effects and benefits are similar, just slightly less potent. The cannabinoid affects the endocannabinoid system (ECS) like delta 9 does but binds to the CB1 receptor a little less tightly. This makes delta 8’s psychoactive effects milder and more manageable.
Buying Delta 8 in Georgia
Treat delta 8 the same way you treat CBD: with diligence.
Go online for the best prices and the highest quality delta 8. The extraction method makes third-party tests even more crucial, so always look for these.
Check out the following companies for the highest-quality delta 8 around:
You’ll probably find plenty of stores locally, but too many companies don’t care about the safety or quality of the products.
Recommended CBD Retailers in Georgia
If you don’t see your city here, check out a reputable online source. Otherwise, your local vape stores and head shops may be able to take care of your CBD needs.
Final Notes on Buying CBD Oil & Delta 8 in Georgia
If you are eligible for a medical marijuana license in Georgia, you are legally able to buy CBD oils containing a THC content of no more than 5%. Remember that your license doesn’t provide you with protection from the law; it simply gives you a defense in front of a judge.
For those of you without a medical marijuana card, you can easily track down great deals on CBD oil online or in your local vape stores and head shops. Or, try delta 8 if you want something that might work a little better. Many people even combine the two for greater effects.
It’s almost always more convenient to purchase your CBD oils and delta 8 in Georgia through a trustworthy online store. They often have quick delivery and better deals than those you would find in-store.
Low THC Oil – FAQ for General Public
Georgia’s medical marijuana law allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. It authorizes the Georgia Department of Public Health to issue a “Low THC Oil Registry Card” to qualified persons, which will prove that they are authorized to have the oil and protect them from arrest.
How does Georgia’s law compare to laws in other states which have adopted medical marijuana?
Georgia’s law is much more limited than some other states’ medical marijuana laws. For example, it does not legalize the sale or possession of marijuana in leaf form and it does not authorize the production or sale of food products infused with low THC oil or the ingestion of low THC oil through vapor. It does not authorize physicians to prescribe marijuana for medical use. It is intended solely to protect qualified persons from criminal prosecution for possessing low THC oil for medicinal purposes.
Who is eligible for the “Low THC Oil Registry Card”?
There are three categories of persons who may apply for the card:
- an adult who has one or more of the diseases specified in the law;
- legal guardians of an adult who has one or more of the diseases specified in the law;
- parents or legal guardians of a minor child who has one or more of the diseases specified in the law.
What conditions or diseases are covered by the law?
The law lists the following conditions and diseases which qualify for the Low THC Oil Registry:
- Cancer, when such diagnosis is end stage or the treatment produces related wasting illness or recalcitrant nausea and vomiting
- Amyotrophic lateral sclerosis, when such diagnosis is severe or end-stage
- Seizure disorders related to the 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
- Patient is in hospice program, either as inpatient or outpatient
- Intractable pain
- Post-traumatic stress disorder resulting from direct exposure to or witnessing of a trauma for a patient who is at least 18 years of age
What if more than one person is caring for the child or adult?
If there is more than one parent or legal guardian, then each may apply for a separate card.
How do I apply for the Low THC Registry Card?
The application is actually sent in by the physician who is treating the patient. There are two forms. First, there is a waiver form which must be signed by both the applicant and the physician. Second, there is a physician
certification form. The physician will keep the original waiver and certification form in the patient’s medical records. You may request a copy. The physician will electronically submit the information from these forms to the Georgia Department of Public Health, which will review the information and create a Low THC Oil Registry Card for qualified applicants.
Where will I get my Low THC Registry Card? Will it be mailed to me?
You will be notified when your card has been printed. A representative from DPH’s Office of Vital Records will contact you to establish which of 20 Public Health Offices across the state is most convenient for you to pick up your card. A representative from the Public Health Office selected will notify you when your card is available for pick-up.
How much does the card cost? How do I pay for it?
The fee for a Low THC Registry Card is $25 per new card, which is the standard fee used by the Office of Vital Records. You will be asked to pay for your card when you pick it up from the closest of the 20 Public Health Offices approved to distribute them.
How long is the card valid?
The card will be valid for two years from the date it is issued. The expiration date will be printed on the front of the card. After that time, you will need to again consult with your physician and request that they update and confirm your information into the registry. Please plan to allow 15 business days to process your information, print your card and have it ready for pick-up from the closest of the 20 Public Health Offices approved to distribute them to the address you list as your residence in the registry.
What happens if I lose my card?
If you lose your card, please contact the State Office of Vital Records at 404-679-4702 option 4. If your card has not expired, your physician will be contacted to confirm you are still under their care. Once confirmed, a replacement card will be provided to you. Please plan to allow 15 business days to process your information, print your card and have it ready for pick-up at your closest Public Health Office. Replacement cards will cost $25.
The information on my card is wrong or outdated. How do I correct it?
If the information on your card is wrong or outdated, please contact the State Office of Vital Records at 404-679-4702 option 4. Vital Records will verify the information provided by your physician on your order. If the information on the order is incorrect, you will need to contact your physician and ask that they update the information. At that time a new card will be issued.
Can I alter or laminate my card?
Cards can be laminated; however, a card is void if any changes are made to it.
Where can I buy low THC oil?
Under House Bill 324, the Georgia Access to Medical Cannabis Commission, which is administratively assigned to the Secretary of State’s Office, will oversee the growing, manufacturing, and dispensing of low THC oil in Georgia. The Georgia Department of Public Health does not prescribe or dispense low THC oil.
Is marijuana now legal? Where can I buy it?
No. The law only authorizes the legal possession of up to 20 fluid ounces of low THC oil by qualified persons. It does not make the sale or possession of all types of marijuana legal in Georgia. Possession of any form of marijuana by an unauthorized person is and remains a violation of state and federal law.
Can I now sell medical marijuana?
The Georgia Access to Medical Cannabis Commission will issue a limited number of licenses for the growing, manufacturing, and dispensing of low THC oil in Georgia. It is a violation of state and federal law for unauthorized persons to sell any form of marijuana.