Georgia’s medical cannabis program is so limited MPP does not count it as a medical cannabis state. Many patients need the immediate relief provided by inhaled cannabis, and higher amounts of THC than are allowed by their program. It is past time to create a program that serves the needs of a wider variety of Georgia patients who could benefit from medical cannabis.
Georgia voters support legalization, but tens of thousands of arrests continue
Georgia’s cannabis policy is grossly out of step with public opinion: Two-thirds of Georgians believe cannabis possession should be legal. But, first-offense possession for an ounce or less of cannabis carries a maximum penalty of up to one year of imprisonment, and more than 7,000 Georgians are arrested every year for marijuana possession. Further, a report by the ACLU shows staggering inequality in the enforcement of marijuana laws. Although Black and white individuals use marijuana at nearly identical rates, Black Georgians are three times more likely than whites to be arrested for marijuana possession.
MPP released a report in 2022 that highlights states like Georgia that have yet to decriminalize cannabis and the negative consequences of this inaction. Local allies have been successfully implementing local decriminalization ordinances in cities and counties in the state, but statewide reform is still desperately needed.
While legalization does not eliminate disparities, it dramatically reduces the total number of cannabis arrests — and thus the damage done by unequal enforcement. Encouragingly, five of the seven states with the lowest disparities had previously enacted legalization laws.
Georgia implements law allowing in-state access to low-THC oil
On April 17, 2019, Gov. Brian Kemp (R) signed Georgia's Hope Act — HB 324 — into law. This bill allows patients to safely access low-THC medical cannabis oils (with up to 5% THC) within Georgia. Sales began in the summer of 2023.
The Georgia Access to Medical Cannabis Commission has tried to expand access to patients by allowing independent pharmacies to carry medical cannabis products, however the Drug Enforcement Administration threatened these pharmacies that they may lose their license to disperse scheduled drugs if they participate in the program. We are unaware of any independent pharmacies dispensing low-THC products at this time
In 2021, lawmakers enacted SB 195 and expanded low-THC products beyond oils. Patients are now allowed to purchase tinctures, transdermal patches, lotions, and capsules. Unfortunately, edible products, vaporization, and raw flower remain illegal. If adopted, SB220 would allow for vaporization.
Under the 2019 Georgia’s Hope Act, six producers are allowed to cultivate medical cannabis preparations in Georgia. In November 2023 the Commission issued four more licenses to Class 2 cultivators for a total of the six licenses total in the state. As of December 2024, around 25,000 were signed up for the program. For more details, check out our summary.
Work remains to be done in future legislative sessions to improve the law. Given the 5% THC cap, it still does not meet MPP’s definition of an effective medical cannabis law. Make sure you’re signed up for our email updates so you don’t miss out on opportunities to speak out for compassionate cannabis policy.
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