Clarke County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Clarke County?

The licensed cultivation in Clarke County of low tetrahydrocannabinol (THC) medical cannabis was legalized in April 2019 by Georgia’s Hope Act or the State of Georgia’s House Bill 324 (HB 324). This was after the use of low-THC cannabis oil for medical treatment only was legalized in the state by Haleigh’s Hope Act or House Bill 1 (HB 1) in 2015. Low-THC cannabis is required to have a THC content of less than 5% by HB 1.

The Georgia Access to Medical Cannabis Commission (GMCC) was created by HB 324 for the regulation and licensing of low-THC medical cannabis establishments. A low-THC medical cannabis cultivation company that intends to start a business in Clarke County is required to get a production license from the GMCC for either Class 1 or Class 2. The application period, however, ended on January 27, 2021.

Only two Class 1 low-THC medical cannabis production licenses and four Class 2 low-THC medical cannabis production licenses were allowed by HB 324 throughout the state. Both of the Class 1 low-THC medical cannabis production licenses were issued by the GMCC on September 21, 2022. The licensees stand to forfeit those licenses, though, if they do not begin their operations on or before September 21, 2023. As of July 2023, no Class 2 low-THC medical cannabis production licenses have been issued.

Both types of production licensees are required to do low-THC medical cannabis cultivation fully indoors. The cultivation area allowed for Class 1 low-THC medical cannabis production licensees is a maximum of 100,000 square feet, while that for Class 2 low-THC medical cannabis production licensees is a maximum of 50,000 square feet only.

Class 1 low-THC medical cannabis production licensees must pay the following fees:

• Application Fee: $25,000
• Initial License Fee: $200,000
• Annual License Renewal Fee: $100,000

HB 324 16-12-222 imposes the following fees with every transfer of ownership:

• First Sale Transfer Fee: $100,000
• Second Sale Transfer Fee: $150,000
• Third Sale Transfer Fee: $200,000
• Fourth Sale Transfer Fee: $200,000
• Change of Name Fee for Ownership, Company Name, or Agent Name: $1,000

Class 2 low-THC medical cannabis production licensees must pay the following fees, including those for ownership transfers:

• Application Fee: $5,000
• Initial License Fee: $100,000
• Annual License Renewal Fee: $50,000
• First Sale Transfer Fee: $12,500
• Second Sale Transfer Fee: $62,500
• Third Sale Transfer Fee: $112,500
• Fourth Sale Transfer Fee: $112,500
• Change of Name Fee for Ownership, Company Name, or Agent Name: $1,000

The selling of a production license is only allowed five years or more after the GMCC issued the license.

A low-THC medical cannabis production facility of any class must be separated from an existing school, childcare facility, or church by over 3,000 feet. Yearly facility inspections will be made by the Georgia Drugs and Narcotics Agency and the GMCC separately. The licensee must also always be open for any inspection conducted by the Georgia Bureau of Investigation or county or municipality law enforcement authorities.

All types of low-THC medical cannabis production facilities are prohibited by HB 324 from using any pesticides that the Georgia Department of Agriculture regulates.

Each low-THC medical cannabis production facility must establish a GMCC-approved tracking system where any cannabis activity, such as trimming, drying, curing, and waste destruction, is documented for monitoring.

Is Cannabis Manufacturing Legal in Clarke County?

The licensed manufacturing of low-THC medical cannabis oil and low-THC medical cannabis products in Clarke County was legalized by HB 324 of the State of Georgia. Prior to that, HB 1 had legalized the use, for medical treatment only, of low-THC cannabis oil in the state.

A low-THC medical cannabis manufacturing company can only operate in Clarke County after getting from the GMCC the same Class 1 or Class 2 production license, as this authorizes manufacturing in addition to cultivation. The fees are, therefore, the same, as are the requirements with regard to the application process, site location, start of operations, inspections, and selling of ownership. The tracking system must additionally document the inventory of low-THC medical cannabis oil and its products, sales, returns, and cannabis waste disposal.

In addition to low-THC medical cannabis oil, only the following low-THC medical cannabis products may be manufactured by production licensees of any class:

• Lotions
• Tinctures
• Transdermal patches
• Capsules

Production licensees are prohibited from manufacturing low-THC medical cannabis oil meant to be used through vaping or electronic cigarettes, as well as edible medical cannabis products, in accordance with HB 324.

At their own cost, all classes of low-THC medical cannabis licensees are required to have each batch of low-THC medical cannabis oil and products tested before these can be sold to a licensed dispensary. Testing for THC levels and the detection of any contamination must be done by a laboratory approved by the GMCC. Batches that fail the test must be destroyed, with proof of the destruction kept to be presented to the GMCC as requested.

Is Cannabis Retail Legal in Clarke County?

The licensed retail to medical cannabis cardholders in Clarke County of low-THC medical cannabis oil and low-THC medical cannabis products was legalized by the State of Georgia’s HB 324 after low-THC medical cannabis oil was legalized by HB 1.

The GMCC Annual Report for 2023 stated that HB 324 allowed the GMCC to grant each Class 1 and Class 2 low-THC medical cannabis production licensee five low-THC medical cannabis dispensary licenses. Once the Georgia Department of Public Health (DPH) Low THC Oil Registry has listed a minimum of 25,000 patients, another license may be issued to each production licensee. Afterward, an additional license may be granted to each of the production licensees for every increase in the registry of 10,000 patients.

As of March 9, 2023, the registry had 27,257 patients. Hence, as of May 24, 2023, the existing Class 1 production licensees had been granted six low-THC medical cannabis dispensary licenses each by the GMCC, but none were located in Clarke County.

The low-THC medical cannabis dispensary licenses must still be applied for by the production licensees from the GMCC. The fees charged are based on the county tier of the dispensary’s site, as follows:

Clarke County is a Tier 1 county.

A licensed low-THC medical cannabis dispensary must be separated from an existing church, school, or daycare center by over 1,000 feet. The same inventory tracking system required for low-THC medical cannabis production facilities is also required for low-THC medical cannabis dispensaries.

Only the low-THC medical cannabis oil and low-THC medical cannabis oil products permitted for manufacturing may be sold by licensed low-THC medical cannabis dispensaries to medical cannabis cardholders. A cardholder may only purchase in every transaction a maximum of 20 fluid ounces of low-THC medical cannabis oil or its equivalent in products.

Is Cannabis Delivery Legal in Clarke County?

Whether it is legal for licensed low-THC medical cannabis dispensaries to deliver low-THC medical cannabis oil and low-THC medical cannabis products to medical cannabis cardholders is not mentioned in either HB 324 or HB 1.

It is, however, legal to transport low-THC medical cannabis oil and low-THC medical cannabis oil products from one licensed facility to another owned by the same licensee, according to HB 324.

How to Get a Medical Marijuana Card in Clarke County

Clarke County residents can get a medical cannabis card by first printing out the Low-THC Oil Physician Certification and Low-THC Oil Waiver of the State of Georgia’s Low-THC Oil Registry. Both must be taken to the patient’s physician who should be state-licensed and enrolled in the registry. The patient must sign the Waiver before handing it over.

If the patient has a diagnosis corresponding to one of the following illnesses, the Physician Certification will be signed and both documents will be sent electronically to the Georgia DPH by the doctor:

• Illnesses requiring hospice care
• Severe Tourette’s syndrome
• Intractable pain
• PTSD from trauma in patients aged at least 18
• Seizure disorders
• Autism spectrum disorder in patients aged at least 18
• Severe autism in patients below 18
• Crohn’s disease
• Epidermolysis bullosa
• Mitochondrial disease
• Multiple sclerosis (end-stage or severe)
• Amyotrophic lateral sclerosis (end-stage or severe)
• Cancer (end-stage or with cachexia or intractable nausea and vomiting from treatment)
• AIDS (end-stage or severe)
• Peripheral neuropathy (end-stage or severe)
• Alzheimer’s disease (end-stage or severe)
• Sickle cell disease (end-stage or severe)
• Parkinson’s disease (end-stage or severe)

For patients younger than 18 or adult patients who are incapacitated, the doctor will indicate in the certification that a caregiver is needed. The patient may ask for a copy of the certification and the waiver.

The medical cannabis card is valid for two years. It takes about 15 days to be processed. Patients from Clarke County may pay the fee of $25 and pick up the approved card at the public health office.

Queries may be made through the following channels:

*Georgia DPH Low THC Oil Unit *

Phone: (770) 909-2765

Email: THCRegistry@dph.ga.gov

How Has Cannabis Legalization Impacted the Economy of Clarke County?

HB 324 levies the State of Georgia’s sales and use tax on all retail purchases of low-THC medical cannabis oil and low-THC medical cannabis oil-infused products. The General Rate Chart of the Georgia Department of Revenue shows the sales and use tax rate at 4% for the period of July 1 to September 30, 2023.

The state also earns from the fees paid by low-THC medical cannabis licensees. The GMCC Annual Report for 2023 stated that Class 1 low-THC medical cannabis production license fees totaled $400,000 as of January 1, 2023. For the entire fiscal year 2023, the GMCC forecasted total earnings from various low-THC medical cannabis license fees to reach $1.28 million.

The Effects of Cannabis Legalization on Crime Rates in Clarke County

Low-THC medical cannabis was legalized in Clarke County in 2015, but retail sales of low-THC medical cannabis oil and low-THC medical cannabis oil products started in 2023.

Data sent by the Clarke County Sheriff's Office to the Crime Explorer page of the FBI shows that from 2014, a year before the legalization of medical cannabis, to 2021, there was no arrest related to marijuana offenses.

In those years, the number of DUI arrests was as follows:

• 2014: 16 arrests
• 2015: 19 arrests
• 2016: No data
• 2017: 24 arrests
• 2018: No data
• 2019: No data
• 2020: No data
• 2021: No arrest