Georgia Medical CBD Laws 20 ounces of infused cannabis oils containing not more than 5 percent THC and an amount of CBD equal to or greater than the amount of THC “if such substance is in a Read this blog to learn more about CBD Oil, THC Oil, and whether either of them are legal for use in Georgia. 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…
Georgia Medical CBD Laws
20 ounces of infused cannabis oils containing not more than 5 percent THC and an amount of CBD equal to or greater than the amount of THC “if such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol.”
In May 2021, Governor Brian Kemp signed legislation into law, Senate Bill 195, permitting the establishment of up to 30 state-licensed retailers of high-CBD/low-THC oil products to qualified patients. The new law takes effect on July 1, 2021.
ESTIMATED NUMBER OF REGISTERED PATIENTS
- Source: Atlanta Journal Constitution
Yes. Senate Bill 16, signed into law in May 2017, states that Georgia law exempts any person who has “in his or her possession a registration card issued by another state that allows the same possession of low THC oil as provided by this state’s law.”
CBD and THC are two natural components found in both marijuana and hemp. Marijuana and hemp are both cannabis plants and often referred to by their plant family name. This confuses many, especially when it comes to discussions about what is legal in Georgia.
While both CBD and THC affect the body, THC is the compound that alters the brain and makes you feel high. CBD tends to lead to feelings of well-being. CBD oil is legal in Georgia while THC oil is not, with the exception of low THC oil for residents with certain medical conditions who are registered with the state.
What is CBD Oil?
CBD stands for cannabidiol. CBD oil and other CBD products are made from the hemp plant. Even though hemp products still contain small amounts of THC, they are no longer a violation of the state’s Controlled Substance Act. Hemp naturally has lower levels of THC and higher levels of CBD.
Hemp and hemp products, with the exception of hemp-infused food and drinks, became legal in Georgia in May 2019. Hemp is defined by the U.S. government as containing “extremely low (not more than .3% on a dry weight basis) concentrations of THC.” Georgia adopted the same definition. While hemp can be grown and products containing it manufactured and sold in Georgia, the state still closely regulates these processes.
You can buy CBD oil online or in various shops. Just make sure it contains no more than the legal .3% of THC. If it does, then it falls outside the legal definition, and you are violating the law.
What Is Low THC Oil?
Low THC oil is defined by Georgia law as an oil that “contains an amount of cannabidiol and not more than 5% by weight of tetrahydrocannabinol, tetrahydrocannabinol acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinol acid which does not contain plant material exhibiting the external morphological features of the plant of genus Cannabis.”
The possession and use of low THC oil is legal in Georgia only for persons with certain medical conditions who are registered with the state’s Department of Public Health. The state lists 17 qualifying medical conditions, which include, but are not limited to: cancer, Tourette’s syndrome, Parkinson’s disease, Crohn’s disease, and seizure disorders.
A physician must apply for a registration card on behalf of a patient. Cards are valid for two years from the issue date. Registered individuals are allowed to carry up to 20 fluid ounces of low THC oil in a pharmaceutical container labeled by the manufacturer stating the amount of THC. Registered individuals must have their registration card on hand when possessing the oil.
What Are the Consequences if You Are Caught with an Illegal Amount?
In Georgia, it is illegal for anyone other than a registered individual to possess low THC oil, even in small amounts. An unregistered person caught carrying 20 ounces or less faces a misdemeanor charge and up to 12 months in jail if convicted.
Any person – registered or not – caught with more than 20 ounces but less than 160 ounces faces a felony charge and, if convicted, could be sentenced to up to 10 years in prison. Possession of larger amounts of low THC oil can be considered drug trafficking and can result in up to 20 years in jail if convicted. In most cases, individuals are also penalized with fines if convicted.
Oils containing more than 5% of THC are still illegal in Georgia. If convicted of possessing these, the penalties range from one year in jail for possession of less than 1 ml to up to 15 years or more, depending on the quantity.
If you have been accused of carrying a large amount of low THC oil or CBD oil with more than the legal percentage of THC, we can help. Contact the experienced attorneys at Ghanouni Teen & Young Adult Defense firm.
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.