Atlanta Criminal Defense Lawyer: Marijuana Laws in Georgia

There Are Many Marijuana Arrests in Georgia

Marijuana charges account for many arrests in Georgia every year. Some are misdemeanors and some are felonies depending on the weight involved. In recent years, the legal landscape surrounding marijuana has undergone significant changes across the United States. While some states have embraced full legalization for recreational and medicinal use, others, like Georgia, maintain strict regulations and prohibitions.

As criminal defense attorneys we wanted to write a blog post to help you understand the intricacies of marijuana laws in Georgia so you can avoid legal trouble and stay informed about evolving legislation. And different counties and cities treat marijuana with different degrees of harshness, so, for example, the city of Atlanta might treat possession of marijuana very differently than would Forsyth County or Cherokee County.

Marijuana in Georgia: A Historical Perspective

Georgia's stance on marijuana has evolved slowly over the years. Historically, the state implemented stringent laws against marijuana possession and use. However, in 2015, Georgia made a significant step forward by passing the Georgia Medical Marijuana Law, which allows patients with specific medical conditions to possess low-THC (tetrahydrocannabinol) oil, a derivative of marijuana. While this marked a positive development, Georgia still has some of the most restrictive marijuana laws in the country and imposes some of the harshest penalties.

Possession and Use

In Georgia, recreational marijuana use remains illegal. Possession of even a small amount of marijuana can lead to criminal charges. Possessing one ounce or less can result in a misdemeanor charge, punishable by a fine of up to $1,000 and a potential jail sentence of up to one year. Possession of more than one ounce is a felony and will escalate the penalties significantly.

Medical Marijuana in Georgia

Georgia's medical marijuana program is limited compared to many other states. The Georgia Access to Medical Cannabis Commission is responsible for overseeing the program, which permits the use of low-THC oil for specific medical conditions such as epilepsy, Parkinson's disease, and cancer. Patients must obtain a recommendation from a qualified physician to participate in the program.

Despite the existence of the program, obtaining medical marijuana remains challenging for many patients. The law does not allow for the cultivation of marijuana within the state, which means patients must rely on out-of-state sources to obtain their medicine legally. This limitation can pose logistical and financial burdens on patients and their families.

Criminal Penalties

Marijuana-related offenses can have severe consequences in Georgia. The severity of penalties often depends on factors such as the amount of marijuana involved and the intent of the individual. As mentioned earlier, possession of small amounts can lead to misdemeanor charges, while larger quantities can result in serious felony charges.

Additionally, individuals convicted of marijuana-related offenses in Georgia can face consequences beyond fines and jail time. A criminal record can have long-term repercussions, affecting employment opportunities, housing, and more.

Changes on the Horizon

Despite Georgia's historically conservative stance on marijuana, there have been some recent developments that suggest potential changes in the future. Recently the Georgia General Assembly passed a bill which allows for the production and sale of low-THC oil in the state. While this doesn't represent full marijuana legalization, it does create a viable framework for a regulated market for medical cannabis products.

Furthermore, there is ongoing debate in the state legislature about whether to expand the medical marijuana program to include more medical conditions and potentially increase the THC content allowed in medical cannabis products. These discussions indicate a willingness among some lawmakers to revisit and revise Georgia's marijuana laws.

Navigating the Legal Maze

Given the complexity of marijuana laws in Georgia, it is crucial to seek legal counsel if you find yourself facing marijuana-related charges. You need to know potential defenses to drug charges, including whether the search and seizure was legal under the law.. As experienced criminal law attorneys we can help you understand your rights and options, potentially mitigating the legal consequences you may face.


Marijuana laws in Georgia are far from lenient, and the state maintains strict regulations on both recreational and medical use. While there have been some recent changes and discussions and a media spotlight around potential reform, it is essential for individuals to stay informed about the current legal landscape to avoid legal trouble and navigate the complexities of Georgia's marijuana laws.

If you have questions or concerns regarding marijuana-related legal issues in Georgia, consult with us. We are knowledgeable and experienced marijuana criminal defense attorneys who can provide guidance tailored to your specific situation.

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