Posted by Megan GroutMay 01, 20230 Comments


Weed in Georgia
Is Weed Legal In Georgia Now?


For some, the answer is finally yes.

But for most people, the answer is still no. 

     On Friday April 28, 2023, the first legal dispensaries of medical marijuana opened in Georgia. It's been a long fight, and Georgia has remained well behind other states in how it treats medical marijuana and recreational weed. At the time of these stores opening, they were the only 2 in Georgia: one in Marietta and the other in Macon. A third store is set to open in Savannah.

Does this mean you can go buy weed legally in Georgia in 2023? Or at least in Cobb County (Marietta)?

      The answer is yes IF you have 1) have a proper registry card approved by a doctor that permits you to use medical cannabis oil to treat a medical condition, and 2) you are purchasing it from a licensed dispensary. Lastly, what you are purchasing has to be the low-THC cannabis oil that is the only legal form of medical marijuana in Georgia. The opening of these dispensaries is good news for the thousands of Georgians who have properly registered to use the low-THC oil but have been unable to find a legal place to purchase it in Georgia until April of 2023. If you are interested in getting a card to allow of legal use of marijuana (in the form of low-THC oil only), you should talk to your physician. More information on the medical marijuana cards (technically "medical cannabis" cards) can be found on the Georgia Public Heath Website. Click HERE for a link to that page. If you do have a valid medical marijuana card, be sure to keep it with you at all times. The low THC oil that you purchase with your valid card also needs to be kept in it's pharmaceutical container.

What does this mean for people who do not have a registry card for marijuana (low THC oil)?

      If you use weed for recreational purposes in Georgia, and/or don't have a proper card, and/or don't follow the rules that come with having the card, you are still subject to arrest. Possession of THC oil is still a felony if 1) you don't have a medical marijuana card and 2) even if you do have a card and the THC oil you have is above the "low THC" threshold. As I mentioned above, you should always keep your card on you and your THC oil in the pharmaceutical container or you might still end up fighting a criminal charge. Possession of organic weed (green leafy or bud form) is still a crime in most places in Georgia, and the level of crime depends on the amount you have. If you're wondering "Are Edibles legal in Georgia now?" The answer is still no. Edibles are still a felony. Click HERE  for more information on edibles and gummies in Georgia. It's also important to remember no smokable weed is legal in Georgia. 

Can I use a Medical Marijuana Card from another state to buy low-THC oil in Georgia?

     According to the Georgia Public Health website "It depends, only if you lawfully possess a valid registration card issued by another state that allows the same possession of low THC oil as Georgia law and you have been in Georgia less than 45 days. Cannabis programs are state-based, and vary from state to state; there is no 'reciprocity' between Georgia and other states for medical cannabis." From the standpoint of the law, you might be fighting an uphill battle against criminal charges if you try to use a card from another state and you've been here more than 45 days without getting a card from Georgia. You might also have problems if you bring in THC oil that does not meet the proper percentage of THC to be acceptable as low-THC oil. However, these problems are all pretty new to the court system. We will see how police, prosecutors and judges handle situations with out of state cards buying THC oil here in Georgia.  

What happens if I'm arrested for weed in Georgia and I have a medical marijuana card?

     You need to call a criminal defense lawyer immediately. Because these laws are so new, many police, prosecutors and judges are not yet educated on what is legal and what isn't. You need a lawyer to help you get out of jail and defend your case. If you are arrested anywhere in Cobb County for any kind of weed, THC vapes or cartridges, edibles or gummies, call me immediately at 404-904-2862.