Everything you need to know about CBD, Hemp, & Medical Marijuana in Georgia. Is it legal? Will I pass my drug test? Can I go to jail? And… Looking to buy legal CBD oil in Georgia? This article will answer all your questions about the law and show you where to buy CBD oils. Under state and federal law, the use, possession, sale, and distribution of delta-8 THC is legal in Georgia.
What is CBD and Is It Legal in Georgia?
CBD is a naturally occurring chemical sold and purchased across the State of Georgia. CBD is an abbreviation for cannabidiol, which is a chemical found in marijuana & hemp plants that does NOT produce the “high” associated with THC (the psychoactive chemical found in marijuana plants). According to the National Cancer Institute CBD may relieve pain, reduce inflammation, and decrease anxiety. For this reason, many companies sale products infused with CBD, such as soaps, lotions, oils, herbs, cigarettes, and more. This blog gives you some basic info about CBD and its legal status in Georgia.
Is CBD the same as Marijuana?
No. CBD and marijuana are NOT the same thing. Although CBD is a component of marijuana, it can also be extracted from hemp, which was recently defined by the federal government as a plant from the cannabis species that contains 0.3% THC or less.
Hemp and Marijuana look and smell alike but contain different levels of THC. While federal regulations require legal hemp plants to contain 0.3% THC or less, marijuana tends to contain much more.
So CBD is legal, but Marijuana is illegal?
Yes. However it’s a bit more complicated. The federal government distinguishes hemp from marijuana, and the Agriculture Improvement Act of 2018 made all hemp agriculture legal in the United States. As a result, The State of Georgia passed its own Hemp Farming Act in 2019 that regulates hemp.
However, the federal government continues to categorize marijuana as a Schedule I Controlled Substance (drugs considered to have no medical benefit). Despite evidence that this categorization is rooted in political motives & lacking scientific support, our government has refused changing this classification.
What does Georgia say about CBD?
CBD is legal in Georgia if it contains no more than 0.3% THC. Your CBD must have a clear and accurate label, for instance. There are many fake products with inaccurate labels, unverified testing, and unnatural ingredients.
What does Georgia say about Marijuana?
Although still behind the national trend, Georgia has legalized limited medical marijuana. For example, residents are allowed to apply for a Low THC Oil Registry Card from the Georgia Department of Health. With this card, you can carry up to 20 fluid ounces of cannabis oil containing no more than 0.5% THC per weight. The Low THC Oil Registry Card will be distributed to Georgia residents who obtain a doctor’s prescription. You must have a diagnosis such as cancer, ALS, Seizures, Multiple Sclerosis, Crohn’s Disease, Mitochondrial Disease, Parkinson’s Disease, Sickle Cell Disease, Tourette’s Syndrome, Epidermolysis Bullosa, AIDS, or Peripheral Neuropathy, to obtain this card.
Can I break the law by possessing CBD or Marijuana?
Yes. It is illegal to have CBD with more than 0.3% THC, Low-THC Oil with more than 0.5% THC, or more than 20 fluid ounces of Low-THC Oil. Consequently, you could face criminal prosecution in accordance with Georgia’s ban on marijuana.
Possession of an ounce or less of marijuana is considered a misdemeanor. You can face up to 12 months in jail, a $1,000 fine, community service, drug counseling, and monthly supervision.
Possession of more than an ounce of marijuana, or possession of any amount of marijuana less than 10 lbs with the intent to distribute, is considered a felony. You can face up to 10 years in prison, a $100,000 fine, community service, drug evaluations, and monthly supervision.
Trafficking of 10 lbs or more of marijuana is also considered a felony. You can face a minimum sentence of 5 years, 10 years, or 15 years in prison. In addition, you will be facing a minimum fine of $100,000, $250,000, or $1,000,000 (ONE MILLION DOLLARS) depending on the amount of marijuana. The maximum sentence for trafficking marijuana can be up to 30 years in prison.
Will I fail a drug test because of CBD?
Normal to high doses of legal CBD should not result in a failed drug test. Despite this, you need to know as much as you can about the type of CBD you are using to properly determine if you will pass a drug test.
Where to Buy CBD Oil in Georgia in 2022
Georgia was one of the first US states to pass medical marijuana laws — spanning all the way back to 1980.
However, the state has yet to pass recreational cannabis laws despite more than half of US states establishing these laws within the past 10 years.
With that said, cannabis laws are still relatively flexible in the state of Georgia. Residents can order CBD products as well as other hemp-derived cannabinoids including delta 8, delta 10, HHC, THC-O, THCV, and more.
1. All Hemp-Derived Cannabinoids Legal | Marijuana Medical Use Only
Table of Contents
Where To Buy CBD Oil in Georgia:
- Royal CBD Oil— Best CBD Oil Overall
- Gold Bee CBD Gummies— Best CBD Gummies
- CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
- Industrial Hemp Farms— Best CBD Flower
- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Is CBD Legal In Georgia in 2022?
Yes, CBD is completely legal in the state of Georgia — but there are some stipulations.
CBD oil produced from a flowering marijuana plant contains a higher level of THC, which is the chemical that produces the high associated with marijuana. Without a medical marijuana card, these are illegal in Georgia.
Even with a medical marijuana card, your oil must contain an equal amount of CBD to THC, and the THC level cannot exceed 5%.
The other types of CBD oil are produced from industrial hemp plants. These oils generally contain a THC content of less than 0.3% and don’t get the user high.
Industrial hemp CBD oils are legal to purchase and possess in Georgia, and across the United States.
This is a result of the Farm Bill of 2018. The Federal government made changes to the Agricultural Act that removed industrial hemp from the Controlled Substances Act as a Schedule I drug.
These changes made it possible for farmers to legally grow industrial hemp as an agricultural crop to be used for paper, clothing, fuel, food, and research.
The Farm Bill opened the door to legal industrial hemp CBD oil production.
Industrial hemp CBD oil can be conveniently purchased online or in a limited number of stores in Georgia.
Follow our guide below to ensure you get quality CBD oil for the best price.
How to Buy CBD Oil in Georgia
The laws and regulations around CBD oil in Georgia are still a little unclear, which means it can be difficult to find a reliable source for your CBD needs.
The industry is relatively new, which means that companies are popping up like crazy, and many of them are selling sketchy products. Tests have found that some companies are selling oils that contain heavy metals, solvents, or no CBD at all.
Here are a few measures you can take to protect yourself from companies selling low-quality CBD oil products:
- Always be sure to check if the company’s products are tested and approved by a third-party lab. Some of the CBD products you may find on shelves contain significantly less CBD than they’re advertising. These labs can also test for any foreign materials that don’t belong in the oil.
- Watch out for companies that claim that CBD oil is some kind of miracle drug. CBD oil is an extremely versatile health supplement that can help with many problems. However, CBD oil won’t fix broken arms.
- Purchase from companies that use CO2 as their method of extraction. CO2 extraction doesn’t use any additional solvents or heat, which helps to keep your CBD oil pure and clean.
Making your purchase online is the easiest way to verify that the company’s products are legit. If they’re a reputable source, they should have all of these factors listed in an easy-to-find location on their website.
It may be difficult to double-check the source of your products in-store, but local shops should have knowledgeable staff who can point you in the right direction.
Why You Should Buy CBD Online
Making your purchase from a trustworthy online store is by far the most convenient method.
You can find your favorite CBD products in many forms, including creams, tinctures, balms, waxes, and some places even have products for your pets!
Online retailers generally have wider selections than local stores and can save you a lot of driving around the city to compare. Shopping online gives you access to discount deals and special offers that you probably won’t find in-store.
As long as you purchase products with a THC content of 0.3%, you should have no trouble with the law.
Although we always recommend shopping online, if you would prefer to purchase your CBD oils in person, we’ve included a list of places in Georgia where you may be able to find them locally.
See if you can find your city on our list below!
Is Marijuana Legal in Georgia in 2022?
No, marijuana is not legal in Georgia except for medical purposes, and even this program is fairly rigid.
Some cities and counties in Georgia are taking matters into their own hands and have decriminalized marijuana. Of course, this doesn’t mean you’re safe to use or possess marijuana in these places.
Georgia Cities & Counties That Have Decriminalized Marijuana
A number of cities and counties in Georgia have decriminalized marijuana. This does not mean it’s legal, but simply that the penalties have been drastically decreased.
Here are the cities and counties in Georgia that have reduced the penalties regarding marijuana:
Laws change quickly and often, so stay on top of your local laws to avoid issues.
Under federal law in the United States, marijuana is currently regarded as a Schedule 1 drug under the Controlled Substance Act. This means getting caught with marijuana by a federal authority can carry similar penalties to those associated with heroin, meth, and LSD.
Marijuana laws vary significantly from state to state. Historically, Georgia has had harsh penalties for possession of even small amounts of marijuana.
In Georgia, possession of more than an ounce of marijuana is a felony and can be punished with up to 10 years in prison.
If you’re caught with less than an ounce, it’s a misdemeanor that can earn you one year in jail or a $1000 fine.
Although the state and federal laws often don’t agree when it comes to marijuana, the federal government usually doesn’t interfere.
Medical Marijuana in Georgia
In 1980, Georgia was among the first states to pass a medical marijuana law. The law was reserved for those who were suffering from severe glaucoma or cancer patients who were having side effects from chemotherapy.
However, the Drug Enforcement Agency (DEA) stopped the only source of Georgia’s legal, medical marijuana in 1982. Unfortunately, the state had not delivered a single gram of marijuana to any eligible patients by that time.
The state’s medical marijuana program was stopped in its tracks before it had even gotten started.
For more than 30 years, Georgia had a medical marijuana program written into law but had no source of legal marijuana.
Finally in 2015, State Governor Nathan Deal passed a law that would get the ball rolling on medical marijuana in Georgia.
Haleigh’s Hope Act allows registered patients to possess up to 20 ounces of low-THC (less than 5%) cannabis oil to treat specific medical conditions. The amount of CBD must also be at least equal to the THC content.
If you’re looking to register as a medical marijuana patient in Georgia, you must be suffering from one of the following conditions:
It’s important to note that medical marijuana laws in Georgia don’t legalize marijuana use. They simply provide a legal defense in court if the authorities choose to prosecute you for possession.
If you’re approved for a medical marijuana license in Georgia, you must also meet these standards when in possession of cannabis oil:
- If you possess cannabis oil, you must be registered with the Georgia Department of Public Health and must have a registration card on your person when possessing said oil.
- If you are under 18 years of age, then your parent or guardian must possess a card designating them as the patient’s caregiver.
- The medical marijuana oil must contain no more than 5% THC, and it must contain an amount of CBD that is at least equal to the amount of THC.
- The low THC oil must be in a pharmaceutical container, and the label must clearly state the percentage of THC contained therein.
- You may possess no more than 20 fluid ounces of low THC oil.
Remember that even if you meet all of the above requirements, it doesn’t stop a police officer from arresting you and taking you to court for possession. It only means that you have a good reason for doing so when talking to the judge.
Much of the confusion around marijuana law comes from the fact that it’s still totally illegal on the federal level. Regardless of what the state says, a federal authority can still come down and give you trouble.
However, there is hope if you wish you purchase CBD oil in Georgia. Even without a medical marijuana license.
Is Delta 8 THC Legal in Georgia in 2022?
The good news is that you can buy delta 8 THC in Georgia. Some states have banned it, and most question its legality, but it’s accessible for now.
Delta 8 makes a good alternative for marijuana; its effects and benefits are similar, just slightly less potent. The cannabinoid affects the endocannabinoid system (ECS) like delta 9 does but binds to the CB1 receptor a little less tightly. This makes delta 8’s psychoactive effects milder and more manageable.
Buying Delta 8 in Georgia
Treat delta 8 the same way you treat CBD: with diligence.
Go online for the best prices and the highest quality delta 8. The extraction method makes third-party tests even more crucial, so always look for these.
Check out the following companies for the highest-quality delta 8 around:
You’ll probably find plenty of stores locally, but too many companies don’t care about the safety or quality of the products.
Recommended CBD Retailers in Georgia
If you don’t see your city here, check out a reputable online source. Otherwise, your local vape stores and head shops may be able to take care of your CBD needs.
Final Notes on Buying CBD Oil & Delta 8 in Georgia
If you are eligible for a medical marijuana license in Georgia, you are legally able to buy CBD oils containing a THC content of no more than 5%. Remember that your license doesn’t provide you with protection from the law; it simply gives you a defense in front of a judge.
For those of you without a medical marijuana card, you can easily track down great deals on CBD oil online or in your local vape stores and head shops. Or, try delta 8 if you want something that might work a little better. Many people even combine the two for greater effects.
It’s almost always more convenient to purchase your CBD oils and delta 8 in Georgia through a trustworthy online store. They often have quick delivery and better deals than those you would find in-store.
Is Delta-8 Legal in Georgia?
Growing federal pressure isn’t stopping Delta-8 in Georgia no matter how hard they try.
Good news! Possession, use, sale, and distribution of hemp-derived delta-8 THC is currently legal in Georgia.
According to Georgian state law, which coincides with federal law outlined in the Agriculture Improvement Act (Farm Bill 2018), all hemp-derived cannabinoids, terpenes, flavonoids, isomers, salts, and seeds are not prohibited within the state.
The only illegal hemp-derived compound is delta-9-tetrahydrocannabinol (delta-9 or just THC), which is categorized as a federally illegal under Schedule I of the Controlled Substances Act (CSA) and Georgia’s own Controlled Substances Act.
Delta-8 in Georgia:
- Under state and federal law, the use, possession, sale, and distribution of delta-8 THC is legal in Georgia.
- You can purchase delta-8 online or in CBD dispensaries, vape stores, and head shops located all across the state.
- Delta-8 beverages, foods, dietary supplements, and animal feed are prohibited due to Georgia’s state law coinciding with FDA guidelines.
- CBD and delta-10-THC are also legal in Georgia.
- Because delta-8 is legal in the state, you can travel into Georgia with delta-8 products.
- The future for delta-8 in the U.S. (incl. Georgia) is looking shaky — the federal government and the DEA are clamping down on delta-8 products.
- 15 states have already restricted or banned delta-8. Six more are reviewing its legal status.
Legislative history surrounding delta-8 in Georgia
Following the passing of HB. 213 in the House and Senate in 2019, Georgia enacted the Georgia Hemp Farming Act, a piece of state legislation designed to fall in line with the federal guidelines set out by the Farm Bill 2018. This means delta-8 and other THC variants were removed from Georgia’s own controlled substances list, provided they’re derived from hemp carrying no more than 0.3% delta-9 THC.
Since then, Georgia’s state government has not amended the Georgia Hemp Farming Act nor have any changes been made to its Controlled Substances Act.
What about medical cannabis legalization?
Medical cannabis is legal in Georgia but its use is very limited. In 2015, HB. 1 (otherwise known as The Haleigh’s Act) legalized medical cannabis oil carrying up to 0.5% THC, as opposed to the federal 0.3% THC limit.
There are 17 qualifying conditions to be met before patients are prescribed medical cannabis oil. Qualifying conditions include epilepsy, Crohn’s disease, intractable pain, and post-traumatic stress disorder (PTSD).
Nine jurisdictions in Georgia have decriminalized or reduced penalties for cannabis use and possession. Jurisdictions include Atlanta, Clarkston, South Fulton, and Statesboro.
Buying delta-8 in Georgia
You can purchase delta-8 products in Georgia from licensed online and in-store CBD vendors and dispensaries. There are several physical CBD dispensaries and vape shops located around the state, namely in Atlanta, Peachtree City, Fayetteville, and Sharpsburg. If you’re shopping online for D8 products, you can find numerous vendors ready to ship to addresses in Georgia. See our list of recommended delta-8 products you can purchase online.
Avoid cheap delta-8 products sold in gas stations
We recommend caution when buying cheap delta-8 THC products sold in gas stations and convenience stores. Some of them are unsafe, unclean, labeled incorrectly, and potentially hazardous to your health.
One Reddit user picked up a delta-8 THC vape cartridge from a gas station and the Reddit community was quick to point out its glaring flaws. The company that produced it had no website, just a QR code taking them to a questionable Certificate of Analysis.
Not all products sold in gas stations are unsafe though and you may be able to find some credible brands. CBD dispensaries and retail stores generally have higher standards for quality control, so if you have access to those stores, shop there instead.
What kind of delta-8 THC is legal in Georgia?
Delta-8 sourced from Farm Bill compliant hemp is legal in Georgia. In order for the hemp to be legal, it must carry less than 0.3% delta-9 THC. Any variety of hemp over this 0.3% delta-9 limit is immediately considered high-THC marijuana, which is categorized as illegal at both state and federal levels.
If delta-8 is sourced from high-THC marijuana carrying above 0.3% THC, it’s illegal. Any company producing or selling marijuana-derived delta-8 products is in breach of state and federal law. Stay away from these products unless you want to risk prosecution.
Which product types are not legal in Georgia?
Despite delta-8 THC being legal in Georgia, there are a few product types not permitted within the state.
As outlined in a press release published by the Georgia Department of Agriculture (GDA), CBD, delta-8, or any other hemp-derived compounds cannot be used in beverages, foods, animal feed, and dietary supplements. Why? Because Georgian state law falls in line with the regulations set out by the FDA in its Food Drug and Cosmetic Act (FD&C Act).
The FD&C excludes CBD, THC, and THC variants from its definition of dietary supplements and prohibits them from being added to foods and drinks for human and animal consumption.
Can you travel to Georgia with delta-8
Since the use and possession of delta-8 THC is legal, you can travel into Georgia with D8 products sourced from hemp. However, you cannot travel into Georgia with high-THC marijuana in your possession.
Is delta-10 THC legal in Georgia?
Yes. Delta-10 THC is legal in Georgia. Like delta-8, it’s federally protected by federal law as outlined in the Farm Bill 2018 and not listed as a controlled substance, provided it’s sourced from hemp carrying less than 0.3% THC.
Is CBD legal in Georgia?
Yes. Hemp-derived CBD is legal in Georgia under state and federal law outlined in the Georgia Hemp Farming Act and Farm Bill 2018. However, certain CBD products are prohibited under state law. Similar to delta-8 THC product limitations, you cannot purchase CBD in beverages, food, dietary supplements, animal feed.
New legislation could see a relaxing of FDA rules on CBD
In May 2021, S. 1698, a bipartisan Senate bill led by Senator Ron Wyden (D-OR), was introduced to allow the use of CBD and other hemp-derived compounds in foods, beverages, and dietary supplements.
The bill, otherwise known as the Hemp Access and Consumer Safety Act, challenges the FDA’s guidelines and seeks to amend the definition of a dietary supplement and foods in the FD&C Act. This would permit CBD and CBD products to be marketed and sold as foods, beverages, and dietary supplements.
Upcoming legislation in GA that could change legality of delta-8
There is currently no upcoming state legislation that could change the legality of delta-8 in Georgia, though there is concern among the CBD and cannabis communities over its federal legality, which could see delta-8 outright banned within the state.
The federal government cracking down on delta-8 across the U.S.
Back in September 2020, the Drug Enforcement Agency (DEA) issued a controversial Interim Final Rule (IFR) addressing the legal status of synthetic THC.
The DEA believes all “synthetically-derived” THC (tetrahydrocannabinols) must remain under Schedule I of the Controlled Substances Act. What does this have to do with delta-8? You see, delta-8 isn’t specifically a controlled substance but how it’s made could see it become one. It’s all down to the DEA’s definition of “synthetically-derived”.
Is delta-8 synthetically-derived? Interpretations of the definition
Delta-8 THC is a minor cannabinoid, meaning less than 1% can be found in hemp plants. Since this isn’t enough to create delta-8 products, producers must convert CBD into delta-8 via a structural isomerization process using specialized chemicals under laboratory conditions.
And herein lies the confusion. Some argue the DEA is taking the dictionary definition of “synthetic” and applying it to delta-8 and the way it’s produced. The dictionary definition is “relating to, or produced by chemical or biochemical synthesis”. Now, because chemicals are used in the CBD conversion process, delta-8 could technically be a controlled substance under this definition.
However, others believe the process has nothing to do with synthetics since CBD is taken naturally from the hemp plant and isn’t a man-made chemical. In other words, producers neither create CBD from scratch nor do they ignore natural compounds. If this is the case, delta-8 is not a controlled substance.
Recent raids in Georgia spell more doubt over delta-8’s future
According to recent reports, the Georgia Bureau of Investigation (GBI), under consultation with the DEA, raided several Georgian vape stores belonging to Atlanta Vapor, each one stocking delta-8 products.
According to a Reddit post, five were arrested and charged for trafficking a controlled substance. Cash and products were also seized.
The user who published the post called up the Fayette County DA’s office for details. According to an assistant DA, the GBI and the DEA raided delta-8 carts and found them to contain more than the legal limit of delta-9. Worse, the assistant DA claimed delta-8 carts are illegal and considered a type of marijuana in Georgia. A multi-county task force has now been set up to crack down on illegal delta-8.
So far, no other comments have been made by state officials, the GBI, or the DA on delta-8’s legality beyond this. For now, we believe this is an error on the assistant DA’s part and delta-8 remains legal, at least for now.
Closing thoughts: The future for delta-8 THC in Georgia
With the federal government and the DEA closing in, there’s a question mark over delta-8’s legality in Georgia and across the entire US. 15 states have either restricted or outright banned delta-8 THC, while a further six are currently reviewing its legal status. Thankfully, Georgia has not made any moves to prohibit the possession, use, sale, or distribution of delta-8, bringing hope to vendors and users alike. All we can do is wait and see. But, for now, you can freely enjoy delta-8 products in Georgia.