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

Is Cannabis Cultivation Legal in Fayette County?

The licensed cultivation of low-tetrahydrocannabinol (THC) medical cannabis in Fayette County is legal by virtue of House Bill 324 (HB 324) passed in April 2019 in the State of Georgia, also called Georgia’s Hope Act. This was preceded in 2015 by Haleigh’s Hope Act or House Bill 1 (HB 1), which legalized the use of low-THC cannabis oil in medical treatment. Low-THC cannabis oil is defined by HB 324 as having less than 5% THC content.

The Georgia Access to Medical Cannabis Commission (GMCC) was established by HB 324 for low-THC medical cannabis business licensing and regulation. For a medical cannabis cultivation firm to start in Fayette County, a Class 1 or Class 2 production license issued by the GMCC is necessary. However, applications were only accepted until January 27, 2021.

HB 324 allowed the issuance of just six low-THC medical cannabis production licenses throughout the state, two of which are Class 1 and four of which are Class 2. The GMCC approved two Class 1 licenses on September 21, 2022, both of which must be completely operational within a year, or their license will be revoked. As of July 2023, no Class 2 licenses had been issued.

All licensees must cultivate low-THC medical cannabis solely indoors. A maximum growing area of 100,000 square feet is permitted for Class 1 licensees. Class 2 licensees are limited to 50,000 square feet of growing space.

Fees for Class 1 low-THC medical cannabis production permits and transfers of ownership are as follows:

1. Application Fee of $25,000
2. Initial License Fee of $200,000
3. Annual License Renewal Fee of $100,000
4. First Sale Transfer of Ownership Fee of $100,000
5. Second Sale Transfer Fee of $150,000
6. Third Sale Transfer of Ownership Fee of $200,000
7. Fourth Sale Transfer of Ownership Fee of $200,000
8. Change of Name Fee for Ownership, Company Name, or Agent Name of $1,000

The following fees apply to Class 2 low-THC medical cannabis cultivation licenses and transfers of ownership:

1. Application Fee of $5,000
2. Initial License Fee of $100,000
3. Annual License Renewal Fee of $50,000
4. First Sale Transfer of Ownership Fee of $12,500
5. Second Sale Transfer Fee of $62,500
6. Third Sale Transfer of Ownership Fee of $112,500
7. Fourth Sale Transfer of Ownership Fee of $112,500
8. Change of Name Fee for Ownership, Company Name, or Agent Name of $1,000

A production license cannot be sold until after five years have passed since it has been issued by the GMCC.

A licensed facility producing low-THC medical cannabis must be located more than 3,000 feet away from a place of worship, daycare center, or educational institution. It is mandated to allow inspections by local municipal and county authorities, the GMCC, and the Georgia Drugs and Narcotics Agency.

HB 324 prohibits the use of pesticides that the Georgia Department of Agriculture regulates in all types of licensed low-THC medical cannabis growing facilities. Only organically certified products are permitted.

The licensed production facility should establish a monitoring system certified by the GMCC to track and record the trimming, drying, curing, and disposal of low-THC medical cannabis as waste.

Is Cannabis Manufacturing Legal in Fayette County?

The licensed manufacturing of low-THC medical cannabis products in Fayette County was legalized by virtue of the State of Georgia’s HB 324 subsequent to the legalization of low-THC cannabis oil usage in medical treatment under the state’s HB 1.

A medical cannabis manufacturing firm in Fayette County must have the same GMCC Class 1 or Class 2 production license that is necessary for low-THC medical cannabis cultivation. The holders of these licenses are able to grow medical cannabis and manufacture its products. As a result, all of the rules and restrictions described previously apply. Furthermore, the monitoring system must keep track of and record all sales, returns, and disposals of low-THC medical cannabis oil and products.

The following low-THC medical cannabis product types may be processed by licensed makers of medical cannabis products:

1. Tinctures
2. Oils
3. Transdermal patches
4. Capsules
5. Lotions

HB 324 forbids the production of medical cannabis oil and goods in edible form, as well as forms used through vaping or electronic cigarettes.

Before low-THC medical cannabis production licensees distribute their goods to licensed medical cannabis shops, they must retain the services of a GMCC-approved laboratory to analyze samples from each batch of medical cannabis oil and products produced. The test will confirm the absence of any form of contamination in the medical cannabis oil and products. Any batch that fails must be totally destroyed, with confirmation of destruction provided to the GMCC as requested.

Is Cannabis Retail Legal in Fayette County?

The licensed selling of low-THC medical cannabis and its products by retail to medical cannabis cardholders in Fayette County was legalized by HB 324 of the State of Georgia after the use of low-THC medical cannabis oil for medical treatment was legalized by HB 1.

The GMCC's low-THC medical cannabis dispensary license is required for a cannabis retail enterprise to offer medical cannabis oil and its goods to medical cannabis cardholders at retail. The Commission was empowered by HB 324 to give five low-THC medical cannabis dispensary licenses to each Class 1 and Class 2 production licensee, as stated in the GMCC Annual Report for 2023. When the patients on the Georgia Department of Public Health (DPH) Low THC Oil Registry hits 25,000, each production licensee may be granted a sixth dispensary license. Following that, for every 10,000 patients more listed in the registry, each production licensee may be granted another dispensary license.

On March 9, 2023, the registration included 27,257 patients. As a result, as of May 24, 2023, current Class 1 low-THC medical cannabis production licensees were each issued six dispensary licenses, although none were in Fayette County.

GMCC dispensary license applications are still necessary for low-THC medical cannabis production license holders. The amount of fees they must pay will depend on the county tier of the dispensary's location. Fayette County is classified as Tier 4. The costs for each tier are as follows:

A licensed low-THC medical cannabis dispensary must be over 1,000 feet away from a school, daycare facility, or church. In addition, the licensed dispensary must have the same system for managing inventory as licensed low-THC medical cannabis growers and manufacturers.

The registered medical cannabis shop may only sell to medical cannabis cardholders low-THC medical cannabis oil and items manufactured by certified medical cannabis producers. The medical cannabis cardholder may only acquire a maximum of 20 fluid ounces of low-THC medical cannabis oil or the equivalent products in a single transaction.

Is Cannabis Delivery Legal in Fayette County?

The delivery of low-THC medical cannabis and its products to medical cannabis cardholders is not mentioned in either HB 324 or HB 1 of the State of Georgia. HB 324, on the other hand, allows the movement of low-THC medical cannabis oil and its products among the licensed medical cannabis facilities owned by the same person.

How to Get a Medical Marijuana Card in Fayette County

For Fayette County residents, the initial step in getting a medical cannabis card is to print the Low-THC Oil Physician Certification and Low-THC Oil Waiver from the Low-THC Oil Registry. The waiver must be signed, and both forms must be shown to their state-licensed physician, who must be on the register. If the patient gets diagnosed with one or more of the qualifying conditions listed below, the medical professional is going to sign the certification and digitally upload both documents to the Georgia DPH.

These are the qualifying conditions:

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

If the patient is under the age of 18 or an adult who requires assistance, the certification will mention the necessity for a caregiver. The patient may seek copies of the certification and waiver.

The medical cannabis card takes roughly 15 days to process and is good for two years. The patient and caregiver can obtain the card through the Fayette County Health Department, but they must each pay a $25 cost.

The following can be contacted for further details:

*Georgia DPH Low THC Oil Unit *

Phone: (770) 909-2765

Email: THCRegistry@dph.ga.gov

How Has Cannabis Legalization Impacted the Economy of Fayette County?

HB 324 imposes the State of Georgia's sales and use tax on all medical cannabis cardholders’ retail purchases of low-THC medical cannabis oil and products. The General Rate Chart of the Georgia Department of Revenue states that the sales and use tax rate is 4% from July 1 through September 30, 2023.

According to the GMCC's Annual Report for 2023, the state collected $400,000 in licensing fees from Class 1 low-THC medical cannabis growers and manufacturers as of January 1, 2023. The Commission estimated that the total revenue from such licensing fees would be $1.28 million for the entire fiscal year 2023.

The Effects of Cannabis Legalization on Crime Rates in Fayette County

Low-THC medical cannabis was legalized in Fayette County in 2015, although retail sales only began in 2023.

Data sent by the Fayette County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2014, a year before the legalization of medical cannabis, there were 133 marijuana possession arrests and 58 marijuana sales arrests, totaling 191 marijuana offense arrests.

In 2016, a year after the legalization of medical cannabis, there were 248 marijuana possession arrests and 46 marijuana sales arrests, totaling 294 marijuana offense arrests.

In 2019, there were 229 marijuana possession arrests and 28 marijuana sales arrests, totaling 257 marijuana offense arrests.

In 2021, the latest data showed 121 marijuana possession arrests and eight marijuana sales arrests, totaling 129 marijuana offense arrests.

The number of DUI arrests during those years was as follows:

• 2014: 244 arrests
• 2016: 221 arrests
• 2019: 135 arrests
• 2021: 79 arrests