Best Cannabis Law Lawyers in Georgia

About Cannabis Law in Georgia, United States

Cannabis law in Georgia is one of the strictest in the United States. While many states have legalized medicinal and even recreational cannabis, Georgia continues to prohibit the possession, sale, and cultivation of marijuana for most purposes. The laws do allow limited use of low THC oil for certain medical conditions, but access to whole-plant cannabis remains illegal. This legal landscape creates significant risks for individuals and businesses that are not fully informed about Georgia's cannabis regulations.

Why You May Need a Lawyer

Legal counsel can be crucial for anyone entangled in cannabis-related issues in Georgia. Common situations where you may need a lawyer include:

• Facing criminal charges for possession, sale, or trafficking of marijuana
• Being accused of driving under the influence of marijuana
• Seeking to use medical cannabis oil legally
• Dealing with the complexities of Georgia's Low THC Oil Registry requirements
• Filing for expungement or seeking to clear past marijuana charges from your record
• Representing a business interested in hemp or legal CBD production and sales
• Addressing employment issues relating to cannabis use or screenings
• Child custody or family law matters involving alleged drug use

An experienced cannabis law attorney can help protect your rights and clarify what actions are legal under Georgia law.

Local Laws Overview

Georgia's cannabis laws include some important distinctions and restrictions:

• Possession: Possession of any amount of marijuana is illegal except for specific medical uses. First-offense possession of less than one ounce is a misdemeanor, while possession of one ounce or more is a felony.
• Medical Cannabis: Georgia allows eligible patients to possess up to 20 fluid ounces of low THC oil (no more than 5 percent THC) under the Low THC Oil Registry.
• Sale and Distribution: Selling or distributing marijuana is a felony with severe penalties. There is no legalized recreational market.
• Cultivation: Growing cannabis plants is not allowed, even for medical use.
• CBD and Hemp: Products derived from hemp with less than 0.3 percent THC are legal under state and federal law, but are regulated by the Georgia Department of Agriculture.
• Local Decriminalization: A few cities, such as Atlanta and Savannah, have reduced the penalties for small-scale possession, but state law still applies and can be enforced.
• DUI: It is illegal to drive under the influence of marijuana, and Georgia has strict penalties for drugged driving offenses.

Frequently Asked Questions

Is recreational marijuana legal in Georgia?

No. Recreational marijuana use, possession, and sale remain illegal in Georgia.

Can I use medical marijuana in Georgia?

Medical marijuana in the form of low THC oil can be used if you are a registered patient with a qualifying medical condition listed under state law.

How much marijuana can I possess legally for medical use?

Registered patients may possess up to 20 fluid ounces of low THC oil containing no more than 5 percent THC.

Can I grow my own cannabis plants for personal or medical use?

No. Cultivation of cannabis plants is illegal in Georgia for all purposes.

Are there reduced penalties for small amounts of marijuana in any cities?

Some cities, like Atlanta, have reduced penalties for possession of small amounts, but state law still prohibits possession and can be enforced.

What are the penalties for marijuana possession?

Possession of less than one ounce is a misdemeanor with up to 12 months in jail and a fine. Possession of more than one ounce is a felony with more severe penalties.

Are CBD products legal in Georgia?

CBD oil derived from hemp with less than 0.3 percent THC is legal, but products with higher THC must comply with the Low THC Oil Registry requirements.

How do I qualify for the Low THC Oil Registry?

You must have a qualifying condition, a physician's certification, and apply through the Georgia Department of Public Health to obtain a Low THC Oil Registry card.

Is it illegal to drive after using cannabis?

Yes. Driving under the influence of marijuana is a criminal offense and can result in license suspension, fines, and possible jail time.

Can past marijuana convictions be expunged in Georgia?

Georgia has limited options for expungement, but some marijuana-related misdemeanors may be eligible under recent state reforms. Consult a lawyer for guidance on your specific case.

Additional Resources

If you need more information or want to seek help, consider the following resources:

• Georgia Department of Public Health - Low THC Oil Registry
• Georgia Bureau of Investigation - Controlled Substances Unit
• Georgia State Bar Association - Lawyer Referral Services
• Georgia Department of Agriculture - Hemp Regulatory Program
• Local legal aid organizations for criminal defense and rights education

Next Steps

If you believe you may be facing a legal issue related to cannabis in Georgia, consider the following actions:

• Contact a licensed attorney who specializes in Georgia cannabis law or criminal defense
• Prepare all relevant documents and details related to your situation before your consultation
• Understand your rights by reviewing the official resources provided by state agencies
• Ask your attorney about the latest legal updates, as cannabis laws may change over time

Legal representation can be the key to protecting your rights and navigating Georgia's strict cannabis laws. Take prompt action to get informed guidance tailored to your circumstances.