Cultivating cannabis with low-tetrahydrocannabinol (THC) content for medical purposes is legal in Bartow County by virtue of the State of Georgia’s House Bill 324 (HB 324), or Georgia's Hope Act, passed in April 2019. Earlier, in 2015, House Bill 1 (HB 1), or Haleigh's Hope Act, made the use of low-THC cannabis oil legal for the treatment of medical conditions. HB 324 requires low-THC cannabis to contain less than 5% THC.
HB 324 established the Georgia Access to Medical Cannabis Commission (GMCC) to oversee the licensing and regulation of low-THC medical cannabis businesses. To set up a medical cannabis cultivation business in Bartow County, a Class 1 or Class 2 production license issued by the GMCC is required. However, the deadline for applications was on January 27, 2021.
HB 324 authorized the granting of only six low-THC medical cannabis cultivation licenses throughout the state, comprised of two Class 1 and four Class 2 permits. On September 21, 2022, the GMCC awarded two Class 1 licenses, each of which must be entirely operational within a year, or their respective licenses would be canceled. No Class 2 licenses had been awarded as of August 2023.
Low-THC medical cannabis must be grown indoors by all license holders. Class 1 licensees may cultivate up to 100,000 square feet of cannabis crops. Class 2 licensees have a restriction of 50,000 square feet in growth space.
The following are the fees for Class 1 low-THC medical cannabis cultivation permits and transfers of ownership:
Fee Name | Fee Amount |
Application Fee | $25,000 |
Initial License Fee | $200,000 |
Annual License Renewal Fee | $100,000 |
First Sale Transfer of Ownership Fee | $100,000 |
Second Sale Transfer of Ownership Fee | $150,000 |
Third Sale Transfer of Ownership Fee | $200,000 |
Fourth Sale Transfer of Ownership Fee | $200,000 |
Change of Name Fee for Ownership, Company Name, or Agent Name | $1,000 |
The following are the fees for Class 2 low-THC medical cannabis cultivation permits and transfers of ownership:
Fee Name | Fee Amount |
Application Fee | $5,000 |
Initial License Fee | $100,000 |
Annual License Renewal Fee | $50,000 |
First Sale Transfer of Ownership Fee | $12,500 |
Second Sale Transfer of Ownership Fee | $62,500 |
Third Sale Transfer of Ownership Fee | $112,500 |
Fourth Sale Transfer of Ownership Fee | $112,500 |
Change of Name Fee for Ownership, Company Name, or Agent Name | $1,000 |
Before a production license may be sold, five years must have elapsed since it was first granted by the GMCC.
There must be more than 3,000 feet separating a licensed low-THC medical cannabis production facility from a childcare facility, educational institution, or place of worship. All inspections conducted by local municipal and county officials, the Georgia Drugs and Narcotics Agency, and the GMCC must be received.
Pesticides regulated by the Georgia Department of Agriculture are prohibited in all licensed low-THC medical cannabis cultivation facilities under HB 324. Only those that are certified to be organic are allowed.
A GMCC-approved monitoring system must be installed by the licensed low-THC medical cannabis production facility to monitor and document the trimming, drying, curing, and waste disposal processes.
Manufacturing low-THC medical cannabis oil and its products is legal in Bartow County by virtue of HB 324 of the State of Georgia. This was after HB 1 legalized low-THC cannabis oil administration for medical treatment.
In Bartow County, low-THC medical cannabis manufacturers must have the same Class 1 or Class 2 production license granted by the GMCC, just like low-THC medical cannabis cultivators. They are allowed to grow low-THC medical cannabis plants and manufacture low-THC medical cannabis oil as well as products that contain it. All previously discussed rules and restrictions apply. Furthermore, the monitoring system must also document all transactions, refunds, and disposals of low-THC medical cannabis oil and its products.
Licensed manufacturers of low-THC medical cannabis products may process the following product types:
The production of edible medical cannabis products, and those used in vaping equipment or e-cigarettes, is prohibited under HB 324.
Before distributing their medical cannabis oil and products to licensed medical cannabis retailers, low-THC medical cannabis manufacturing license holders must use a laboratory approved by the GMCC to examine samples from every batch. The purpose of the test is to demonstrate that the cannabis oil and other cannabis products they made for medical use are toxin-free. A failed batch must be destroyed, and evidence of destruction must be supplied to the GMCC any time it is asked for.
Selling low-THC cannabis oil and its cannabis products by retail is legal in Bartow County as stipulated by the State of Georgia’s HB 324. Before this, HB 1 had legalized the use in medical treatment of low-THC cannabis oil.
A cannabis retail firm must have a low-THC medical cannabis dispensary license issued by the GMCC in order to sell medical cannabis oil and its products by retail to medical cannabis cardholders. The GMCC Annual Report for 2023 stated that HB 324 authorized the Commission to award each Class 1 and Class 2 production license holder with five low-THC medical cannabis retail licenses.
Once 25,000 patients are enrolled in the Georgia Department of Public Health (DPH) Low THC Oil Registry, a sixth dispensary license may be issued to each production license holder. Afterward, for every 10,000 new patients added to the registry, each production license holder may be awarded a new dispensary license.
The registry had 27,257 patients listed on March 9, 2023. As a result, on May 24, 2023, each Class 1 low-THC medical cannabis production licensee was granted six dispensary licenses. None of them were located in Bartow County.
Holders of low-THC medical cannabis cultivation licenses are still required to apply separately for GMCC dispensary licenses. The fees are determined by the dispensary's location and county tier. Bartow County is designated as Tier 3. The following are the fees for the various county tiers:
Tier 1 | Tier 2 | Tier 3 | Tier 4 | |
Application Fee | $5,000 | $5,000 | $5,000 | $5,000 |
Initial License Fee | $15,000 | $20,000 | $25,000 | $30,000 |
Yearly License Renewal Fee | $25,000 | $30,000 | $35,000 | $40,000 |
A school, church, or childcare center must be separated from a licensed low-THC medical cannabis retail operation by at least 1,000 feet. Licensed low-THC medical cannabis shops are also required to have the same inventory management system that licensed low-THC medicinal cannabis cultivators and manufacturers use.
Only low-THC medical cannabis oil and its products processed by licensed medical cannabis producers may be sold to holders of medical cannabis cards by the licensed medical cannabis store. In a single transaction, a medical cannabis cardholder may only purchase a maximum of 20 fluid ounces of low-THC medical cannabis oil or the equivalent in products.
The State of Georgia's HB 324 and HB 1 do not mention the legality of delivering low-THC medical cannabis and medical cannabis products to medical cannabis cardholders in the state. HB 324, on the other hand, allows the transportation of low-THC medical cannabis and medical cannabis products among the medical cannabis facilities owned by the same licensee.
To get a medical cannabis card, residents of Bartow County must first visit the page of the State of Georgia’s Low-THC Oil Registry and print out the Low-THC Oil Physician Certification and Low-THC Oil Waiver. These must be brought to the patient’s attending physician who must be state-licensed and listed in the registry. The patient must sign the waiver before turning over both papers to the doctor. The certification will be signed by the doctor and both pages will be sent to the Georgia DPH digitally if the patient is found to have any of the following qualifying illnesses:
The certification will specify that a caregiver is necessary if the patient is a minor or an adult who requires help. The patient has the right to get a copy of both documents.
The two-year medical cannabis card takes roughly 15 days to process. The card, however, cannot be picked up within Bartow County. The following surrounding county health departments are available for the patient and caregiver to choose from to pick up their cards once each has paid the $25 fee:
The following may be contacted for more information:
*Georgia DPH Low THC Oil Unit *
Phone: (770) 909-2765
Email: THCRegistry@dph.ga.gov
The State of Georgia's sales and use tax is charged to all retail purchases made by medical cannabis cardholders of low-THC medical cannabis oil and its products, in accordance with HB 324. According to the Georgia Department of Revenue’s General Rate Chart, the sales and use tax rate is 4% from July 1 through September 30, 2023.
According to the GMCC Annual Report for 2023, as of January 1, 2023, $400,000 in license fees were collected by the state from Class 1 low-THC medical cannabis producers. The Commission estimates that license fees will generate $1.28 million in state revenue for the full fiscal year 2023.
Low-THC medical cannabis was legalized in Bartow County in 2015, but retail sales did not start until 2023.
Data sent by the Bartow County Sheriff's Office to the FBI Crime Explorer page shows that in 2014, a year before the legalization of medical cannabis, there were 76 marijuana possession arrests and five marijuana sales arrests, totaling 81 marijuana offense arrests.
In 2016, a year after the legalization of medical cannabis, there were 54 marijuana possession arrests and eight marijuana sales arrests, totaling 62 marijuana offense arrests.
In 2021, the latest data showed 10 marijuana possession arrests and seven marijuana sales arrests, totaling 17 marijuana offense arrests.
The number of DUI arrests during those years was as follows: