The licensed cultivation of low tetrahydrocannabinol (THC) cannabis meant solely for medical use in Douglas County was legalized effective April 2019 by the State of Georgia’s Hope Act or House Bill 324 (HB 324) after the medical use of low-THC medical cannabis oil was legalized in 2015 by Haleigh’s Hope Act or Georgia’s House Bill 1 (HB 1). Low-THC cannabis means cannabis that has a THC content lower than 5% according to HB1.
The Georgia Access to Medical Cannabis Commission (GMCC) is the licensing authority for all types of low-THC medical cannabis business licenses. To legally cultivate low-THC medical cannabis in Douglas County commercially, a cannabis cultivation company needs either a Class 1 or Class 2 production license from the GMCC. Applications for both types of licenses have already closed, though, on January 27, 2021.
HB324 authorized the GMCC to grant only two Class 1 and four Class 2 licenses for low-THC medical cannabis production. The two Class 1 low-THC medical cannabis production licenses were awarded on September 21, 2022. The licensees have up to September 21, 2023 to start their operations so that their licenses will not be revoked. As of June 2023, there have been no licenses granted yet for Class 2 low-THC medical cannabis production.
HB 324 requires indoor cannabis cultivation for both Class 1 and Class 2 production licensees. The maximum cannabis crop growing area for a Class 1 low-THC medical cannabis production licensee is 100,000 square feet. The following fees are charged:
Selling the Class 1 low-THC medical cannabis production license is allowed only five years after its issuance. Each sale involves the following fees:
The maximum cannabis crop growing area for a Class 2 low-THC medical cannabis production licensee is 50,000 square feet. The following fees are charged:
Selling the Class 2 low-THC medical cannabis production license after five years involves the following fees:
The distance that separates a licensed Class 1 and Class 2 low-THC medical cannabis production facility from an existing school, childcare center, or place of worship must be over 3,000 feet. There will be a yearly inspection done separately by the Georgia Drugs and Narcotics Agency and the GMCC. The licensed production facility must also be prepared for any request for inspection from the Georgia Bureau of Investigation and county or municipal law enforcement authorities.
HB 324 bans the use of pesticides being regulated by the Georgia Department of Agriculture in low-THC medical cannabis production. Only pesticides that have been certified as organic by the Organic Materials Review Institute or any similar institution must be used on cannabis crops.
Each licensed Class 1 and Class 2 low-THC medical cannabis production licensee must use a GMCC-approved tracking system to monitor all its cannabis plants and their trimming, drying, curing, and any necessary destruction.
The licensed manufacturing of low-THC cannabis oil and low-THC cannabis oil products to be used solely for medical treatment in Douglas County was legalized by the State of Georgia’s HB 324 after the medical use of low-THC medical cannabis oil was legalized earlier by HB 1. Only GMCC-licensed Class 1 and Class 2 low-THC medical cannabis production facilities may legally manufacture low-THC cannabis oil and the permitted low-THC cannabis oil products.
Class 1 and Class 2 low-THC medical cannabis production licensees are not allowed to manufacture low-THC medical cannabis oil intended for vaping and low-THC medical cannabis oil products in edible food forms. They are also prohibited from manufacturing vaping cartridges, electronic pipes, electronic cigarettes, and similar devices. They may only manufacture low-THC medical cannabis oil and low-THC medical cannabis oil products such as capsules, tinctures, lotions, and transdermal patches.
All low-THC cannabis oil and low-THC cannabis oil products of licensed Class 1 and Class 2 low-THC medical cannabis production licensees must undergo testing through random sampling by an independent laboratory approved by the GMCC. The samples must pass tests for the right level of THC content and non-contamination from any impurities such as pathogens, pesticides, heavy metals, and solvents, among others. If any sample fails, its entire batch must be deemed as cannabis waste and be properly disposed of, with proof of disposal submitted to the GMCC.
Each licensed Class 1 and Class 2 low-THC medical cannabis production licensee must use a GMCC-approved tracking system to monitor all its low-THC medical cannabis raw materials and products, including sales, returns, and waste disposals.
The licensed retail selling in Douglas County of low-THC medical cannabis oil and low-THC medical cannabis oil products only to medical cannabis cardholders for medical treatment was legalized by the State of Georgia’s HB 324 after the medical use of low-THC cannabis oil was legalized by HB 1 previously.
However, only the low-THC medical cannabis oil and low-THC medical cannabis oil products permitted for manufacturing are allowed for retail selling by licensed dispensaries. Low-THC medical cannabis oil products that are either in edible forms or forms meant for vaping are not included. Medical cannabis cardholders may purchase only a maximum of 20 fluid ounces of low-THC medical cannabis oil and low-THC medical cannabis oil products or the equivalent at every transaction.
The GMCC has been authorized to give each Class 1 and Class 2 low-THC medical cannabis production licensee five dispensing licenses for low-THC medical cannabis, as stated in the 2023 GMCC Annual Report. This was to be increased by one more dispensary license per licensee once the number of patients in the Georgia Department of Public Health (DPH) Low THC Oil Registry hits 25,000. As of March 9, 2023, the registry listed 27,257 patients. Another dispensary license per licensee will be added for every 10,000 more patients afterward.
As of May 24, 2023, six low-THC medical cannabis dispensary licenses were issued by the GMCC to the two Class 1 low-THC medical cannabis production license holders statewide. None of the dispensaries were located in Douglas County.
The low-THC medical cannabis production licensees do not automatically receive the low-THC medical cannabis dispensary license. They still have to apply for each dispensary license location from the GMCC. The fees charged are based on the county tier of the dispensary location. In the State of Georgia, Tier 1 counties have the lowest economies. The fees are as follows:
Tier 1
Tier 2
Tier 3
Tier 4
The distance that separates a licensed low-THC medical cannabis dispensary facility from an existing school, childcare center, or place of worship must be over 1,000 feet.
Each licensed low-THC medical cannabis dispensary licensee must use a GMCC-approved tracking system to monitor all sales of low-THC medical cannabis oil and products, sales per medical cannabis cardholder, and any returns.
There is no mention of the legality of the delivery of low-THC medical cannabis oil and low-THC medical cannabis oil products to medical cannabis cardholders by licensed low-THC medical cannabis dispensaries in HB1 and HB 324 of the State of Georgia.
The intra-facility transportation of low-THC medical cannabis oil and low-THC medical cannabis oil products is, however, allowed by HB 324 among licensed facilities under the same low-THC medical cannabis license. For example, a Class 1 or Class 2 low-THC medical cannabis production licensee that also holds a low-THC medical cannabis dispensary license may transport low-THC medical cannabis oil and low-THC medical cannabis oil products from its manufacturing facility to its dispensaries.
To get a medical cannabis card, residents of Douglas County must take the printed Low-THC Oil Waiver and Low-THC Oil Physician Certification, available from the Low-THC Oil Registry webpage, to their state-licensed physician who is registered in the Low-THC Oil Registry. The waiver must have the patient’s signature before both documents are submitted to the physician.
If the physician has diagnosed the patient to have any of the following ailments, the physician will complete the certification and submit both forms electronically to the Georgia DPH :
For patients not yet aged 18 or incapacitated adult patients, the physician will note the need for a caregiver in the certification. The patient may request a copy of both documents.
The medical cannabis is valid for two years and the processing period is around 15 days. The Douglas County patient and caregiver will be asked by the DPH to choose from which of the following public health offices they want to pay the fee of $25 and pick up their approved cards:
The Georgia DPH Low THC Oil Unit may be contacted through the following:
Phone: (770) 909-2765
Email: THCRegistry@dph.ga.gov
HB 324 of the State of Georgia imposes sales and use taxes on each item of low-THC medical cannabis oil and low-THC medical cannabis oil-infused products sold. The General Rate Chart of the Georgia Department of Revenue showed the state sales and use tax for the period of July 1 to September 30, 2023, as 4%.
In addition to tax revenues, the state earns from all fees paid by low-THC medical cannabis companies. The total of Class 1 low-THC medical cannabis production license fees alone, as of January 1, 2023, was $400,000, as stated in the GMCC Annual Report for 2023. For the fiscal year 2023, the GMCC forecasted a total collection of $1.28 million from all types of low-THC medical cannabis fees.
While the use of low-THC medical cannabis oil was legalized in Douglas County in 2015, the retail selling of low-THC medical cannabis oil and low-THC medical cannabis oil products to medical cannabis cardholders was only legalized in 2019.
On the FBI’s Crime Explorer page, data sent by the Douglas County Sheriff's Office shows that in 2014, a year before the legalization of low-THC medical cannabis use, there were 710 arrests for marijuana offenses, comprised of 670 arrests for possession and 40 arrests for sales.
In 2016, a year after the legalization of low-THC medical cannabis use, there were 378 arrests for marijuana offenses, comprised of 257 arrests for possession and 121 arrests for sales.
In 2020, a year after the legalization of low-THC medical cannabis retail, there were 192 arrests for marijuana offenses, comprised of 178 arrests for possession and 14 arrests for sales.
The latest data available, which is from 2021, shows 196 arrests for marijuana offenses, comprised of 189 arrests for possession and seven arrests for sales.
In those years, the number of DUI arrests was as follows: