Recreational cannabis remains illegal in the State of Georgia, while medical cannabis in the form of low THC oil is allowed to qualifying patients. However, the commissioners decriminalized low-level possession of marijuana in Bibb County. This means that possessing small amounts of cannabis does not put offenders behind bars; instead, they are fined $75 per less than an ounce of cannabis.
The Georgia Access to Medical Cannabis Commission (GMCC) was created pursuant to Georgia’s Hope Act to oversee and regulate the limited, in-state cultivation, production, manufacturing, and sale of low-THC oil and dispensing of cannabis to qualifying patients on the state’s Low THC Oil Registry. The law was intended to protect registered patients from criminal prosecution for possessing 20 fluid ounces or less of low THC oil for medicinal purposes.
Growing cannabis means cultivating and harvesting cannabis for low THC oil production. The law does not legalize the cultivation of marijuana in plant or leaf form. Individuals or business establishments not licensed to cultivate cannabis are not allowed to grow cannabis.
The GMCC issues two licenses allowing the cultivation and manufacture of low THC oil in the state. These licenses are Class 1 production license and Class 2 production license. A Class 1 production license authorizes an entity to grow cannabis in indoor facilities limited to 100,000 square feet of cultivation space. In contrast, a Class 2 production license allows an entity to grow cannabis indoors, limited to 50,000 square feet of cultivation space. Class 1 or Class 2 production license applicants shall pay a non-refundable application fee of $25,000 or $5,000, respectively. In their submitted application, they must indicate in their written plan that no pesticides are used in the cannabis production process other than those certified as organic.
Yes. Class 1 and Class 2 production licensees are authorized to manufacture cannabis to produce low THC oil and products. The licensees must comply with all production laws, standards, and regulations needed for public safety and ensure cannabis product purity. Along with their application, their cannabis production plan shall detail the manufacturing process describing how the chain of custody will be documented, maintained, and made available for review by the GMCC or the Georgia Bureau of Investigation (GBI).
Chapter 351-4 of the GMCC Rules required that producers, in manufacturing low THC oil, only use ingredients naturally occurring in or derived from cannabis approved by the U.S. Food and Drug Administration (FDA). Before transferring cannabis to any entity, all cannabis products shall undergo quality control testing for purity, safety, and integrity with an independent laboratory. Cannabis products must be labeled with a unique batch number for identification and tracking purposes, and placed in child-resistant and tamper-evident packaging.
A class 1 production license applicant must prove they hold at least $2 million available cash reserves to invest in safe and secure operations of manufacturing cannabis. Meanwhile, a class 2 production license applicant must have $1.25 million in cash reserves. The cash reserves serve as security for the licensee to perform all required functions of cannabis manufacturing promptly.
Production licensees shall establish a comprehensive security plan for their cannabis operations. It shall include a 24/7 video and intrusion detection monitoring system, recording and video storage capabilities for all facilities, and licensed security personnel. Manufacturers must store all cannabis products in a designated, locked, and secured room or enclosure with restricted access.
Yes. Only those businesses with a dispensing license by the GMCC may sell low THC oil in Georgia. Licensed dispensaries may sell low THC oil to registered patients and caregivers. It remains illegal for anyone to sell any other form of marijuana. Low THC oil contains an amount of cannabidiol (CBD) and not more than 5% by weight of tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA), or a combination of both.
Cannabis products permitted in the state are low THC oil delivered through an oil, lotion, tincture, transdermal patch, or capsule, but not including food products infused with low THC oil, such as cookies, candies, or edibles. Marijuana in plant or leaf form is not allowed for sale. It is unlawful to ingest low THC oil through vaping, electronic cigars, electronic pipes, or other similar devices that can be used to produce vapor.
According to Chapter 351-6 of the GMCC Rules, dispensing cannabis products in final packaged form shall only occur at a licensed dispensary and be distributed in approved and original labeling and packaging. Dispensaries shall not provide samples or free products of cannabis to any person. Products must not be consumed or ingested inside the premises of the dispensary. The dispensing licensee shall not display cannabis products in windows or public view.
Before dispensing cannabis products to a patient or caregiver, the licensee, pharmacist, agent, or employee shall verify that the patient or caregiver has an active and valid Low THC Oil Patient Registry Card. The authorized person must physically view and inspect the patient’s or caregiver’s registry card and proof of identification to confirm the accuracy and validity of the information in their documents. At least two employees must be physically present at the dispensing location during business hours.
No. As of June 2023, the GMCC has not provided rules and regulations regarding cannabis delivery to patients and caregivers.
The Georgia Department of Public Health (DPH) issues Low THC Oil Registry identification cards to qualified patients and caregivers. Patients and caregivers may lawfully possess up to 20 fluid ounces or less of low THC oil, provided they are registered with and possess a registry card. To obtain a Low THC Oil Registry card, the patient-applicant must comply with the following requirements:
The qualifying medical conditions to possess low THC oil are:
The physician shall accomplish the application with the Low THC Oil Waiver, signed by the physician and patient. Next, the physician shall complete the Physician Certification Form and submit the two documents to the DPH. The Low THC Oil unit shall verify and review the forms. The DPH charges a $25 fee for a new registry card, which shall be valid for up to two years from the issue date.
***Georgia Low THC Oil Unit ***
E-mail: THCRegistry@dph.ga.gov
Telephone: (770) 909-2765.
Bibb County Health Department, District 5-2
1600 Forsyth Street
Macon, GA 31217
478-745-0411, Fax: 478-749-0101
The sale of low THC oil and cannabis products shall be subject to sales and use taxes imposed by the State of Georgia. Licensed cannabis establishments shall not be eligible for any tax credit. The state sales and use tax rate is 4%. In Bibb County, the local sales tax rate is 4%. Thus, the county's total sales tax rate of low THC oil is 8%.
There is a lack of data in determining how the sale of low THC oil has impacted the economy in Bibb County since the first sale of medical cannabis happened in May 2023. Nevertheless, a finance article projected that if recreational marijuana were legal in the state, Georgia's potential average excise tax revenue would be around $200 million for at least three years.
In April 2019, Georgia’s Hope Act took effect. However, the sale of low THC oil started only in May 2023, as per several news reports.
According to the FBI Crime Data Explorer, the Bibb County Sheriff’s Office made 112 driving under the influence (DUI) arrests in 2018. Two years following the effectivity of Georgia's Hope Act, the number of DUI arrests was 123 and 111 in 2020 and 2021, respectively.
As for the illegal possession of marijuana in the county, the authorities recorded 65 arrests in 2018. This figure decreased to 34 and 22 arrests in 2020 and 2021 for the same offense. Meanwhile, there were 28 arrests for the illegal sale/manufacturing of marijuana in 2018. Then, in 2020 and 2021, the arrests for the same illicit activity were 47 and 22, respectively.