Timothy O. McCalep

Bill expanding medical marijuana program in Georgia approved by both houses, P.2

Last time, we mentioned a bill recently passed by congress which would expand Georgia’s medical marijuana law. As we noted, the bill has yet to be signed by Governor Nathan Deal, but proponents of medical marijuana are hopeful.

Georgia’s current medical marijuana law is different than some other states in that it only allows for the possession and use of low THC cannabis oil. Patients who are eligible for medical marijuana use—and this is part of what would change under the proposed expansion—are able to possess up to 20 ounces of low THC cannabis oil. 

Georgia law does not authorize the possession and sale of marijuana in its leaf form, nor the sale of marijuana products made from the marijuana plant, nor the prescription of marijuana for medical use. It only protects eligible persons from being prosecuted for using, possessing or selling low THC oil. In other words, it is very limited.

Marijuana is still illegal in Georgia. Possession of one ounce or less of marijuana is a misdemeanor, while possession of more than one ounce is a felony. Possession of over 10 pounds is considered to be trafficking, which is punishable by even stiffer penalties. In addition to Georgia law, there is also federal law, under which the possession and sale of marijuana in any form or amount is still illegal.

Those who choose to use low THC oil in Georgia for medicinal purposes need to be aware of the fact that marijuana remains an illegal substance in all forms at the federal level, and that it also remains an illegal substance in most forms under Georgia law. Those who face criminal prosecution under state or federal law for marijuana possession, use, or trafficking should always work with an experienced attorney to ensure that their rights are protected in the criminal process. Whatever the circumstances, an experienced attorney can help ensure that a defendant has the best shot at minimizing the consequences of criminal charges.


Georgia Department of Public Health, Low THC Oil: FAQ for the General Public, Accessed April 11, 2017.

Findlaw.com, Georgia Marijuana Laws, Accessed April 11, 2017.

Leafly.com, “New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal,” Bruce Barcott, Dec. 14, 2016. 

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