Licensed cannabis cultivation in Lowndes County is legal for medical cannabis with a tetrahydrocannabinol (THC) content lower than 5% in accordance with Georgia’s Hope Act or House Bill 324 (HB 324), which was passed in the State of Georgia in April 2019. This followed after the legalization in the state of low-THC cannabis oil for medical uses in 2015 through House Bill 1 (HB 1) or Haleigh’s Hope Act.
HB 324 created the Georgia Access to Medical Cannabis Commission (GMCC) to license and regulate low-THC medical cannabis businesses. A GMCC Class 1 or Class 2 production license is required for a medical cannabis cultivation company to open in Lowndes County. Applications, however, closed on January 27, 2021.
HB 324 authorized the granting of only six low-THC medical cannabis production licenses in the state, of which two are Class 1 and four are Class 2. On September 21, 2022, the GMCC issued both Class 1 licenses. They must be fully operational by September 21, 2023, or else they will face forfeiture of their license. No Class 2 licenses have been granted as of July 2023.
The low-THC medical cannabis cultivation of all licensees must be done only indoors. Class 1 licensees are allowed a maximum growing area of 100,000 square feet. Class 2 licensees are allowed only a maximum growing space of 50,000 square feet.
The following fees apply to Class 1 low-THC medical cannabis production licenses and transfers of ownership:
Class 2 low-THC medical cannabis production licenses have the following fees:
A production license may not be sold up to five years after it was granted by the GMCC.
There must be more than 3,000 feet separating a licensed low-THC medical cannabis production facility from a church, childcare center, or school. The licensed production facility must accommodate inspections by the GMCC, the Georgia Drugs and Narcotics Agency, and authorities from the municipality or the county.
HB 324 forbids all classes of licensed low-THC medical cannabis production facilities from using pesticides regulated by the Georgia Department of Agriculture. Only those that are certified to be organic are allowed.
A tracking system approved by the GMCC must be set up by the licensed production facility to monitor and document whenever low-THC medical cannabis is trimmed, dried, cured, and disposed of as waste.
Licensed low-THC medical cannabis product manufacturing in Lowndes County is legal as mandated by HB 324 of the State of Georgia after HB 1 legalized the use of medical cannabis oil for patients.
The same GMCC Class 1 or Class 2 production license required for low-THC medical cannabis cultivation is also required for a medical cannabis manufacturing company to operate in Lowndes County. These licenses allow the holder to do both medical cannabis cultivation and product manufacturing. Hence, all the requirements and regulations discussed earlier are applicable. Additionally, the tracking system must also monitor and document all low-THC medical cannabis oil and other products, including every sale, return, or disposal.
Licensed medical cannabis product manufacturers are allowed to process the following forms of low-THC medical cannabis:
HB 324 prohibits the manufacturing of medical cannabis oil and products in edible form and in forms meant for vaping or use in electronic cigarettes.
Low-THC medical cannabis licensees must hire the services of a GMCC-approved laboratory to test samples from every batch of medical cannabis oil and products that it produces before selling these to licensed medical cannabis dispensaries. The test will ensure that the medical cannabis oil and products are not contaminated. If a batch fails, it must be destroyed completely, with proof of the destruction shown to the GMCC upon request.
Licensed low-THC medical cannabis retail in Lowndes County is legal as stipulated by the State of Georgia’s HB 324, following the legalization of low-THC medical cannabis oil for use with patients by HB 1.
The low-THC medical cannabis dispensary license granted by the GMCC is necessary for a cannabis retail company to be allowed to sell medical cannabis oil and its products to medical cannabis cardholders by retail. According to the GMCC Annual Report for 2023, the Commission was authorized by HB 324 to issue five low-THC medical cannabis dispensary licenses to every Class 1 and Class 2 production licensee. Each production licensee may be issued a sixth dispensary license when the number of patients in the Low THC Oil Registry of the Georgia Department of Public Health (DPH) reaches 25,000. After that, each production licensee may be allowed to have still another dispensary license for every 10,000 patients added to the registry.
The registry listed 27,257 patients on March 9, 2023. Hence, existing Class 1 low-THC medical cannabis production licensees were each granted six dispensary licenses as of May 24, 2023, but none were in Lowndes County.
Low-THC medical cannabis production licensees are still required to apply to the GMCC for their dispensary licenses. They have to pay fees according to the county tier of the dispensary location. Lowndes County is a Tier 1 county. The following are the fees per tier:
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 |
More than 1,000 feet must separate a licensed low-THC medical cannabis dispensary from a daycare center, school, or church. The licensed dispensary must also have the same inventory tracking system required for licensed low-THC medical cannabis producers.
The licensed medical cannabis dispensary is only allowed to sell to medical cannabis cardholders the low-THC medical cannabis oil and products that licensed medical cannabis manufacturers are allowed to produce. In one transaction, the medical cannabis cardholder may purchase only up to 20 fluid ounces of low-THC medical cannabis oil or the equivalent low-THC medical cannabis products.
HB 324 and HB 1 do not mention anything regarding the delivery of low-THC medical cannabis oil and its products to medical cannabis cardholders. HB 324, however, states that the transport of low-THC medical cannabis oil and its products between licensed medical cannabis facilities under the same owner is allowed.
To get a medical cannabis card, Lowndes County residents must first print from Low-THC Oil Registry’s Low-THC Oil Waiver and Low-THC Oil Physician Certification. They must sign the waiver and bring both documents to their state-licensed doctor who must be listed in the registry. The physician will sign the certification and send both documents digitally to the Georgia DPH if the patient is diagnosed with any of the following qualifying ailments:
The need for a caregiver will be stated in the certification if the patient is below 18 years old or is an adult who needs help. Copies of the certification and the waiver may be requested by the patient.
The processing period of the medical cannabis card is about 15 days and its validity is for two years. The patient and caregiver may get the card from the Lowndes County public health office, during which the $25 fee must be paid by each of them.
For more information, the following may be contacted:
*Georgia DPH Low THC Oil Unit *
Phone: (770) 909-2765
Email: THCRegistry@dph.ga.gov
The sales and use tax of the State of Georgia is levied by HB 324 on every retail purchase of low-THC medical cannabis oil and its products by medical cannabis cardholders. The sales and use tax rate, for July 1 to September 30, 2023, is 4% according to the Georgia Department of Revenue’s General Rate Chart.
The Annual Report for 2023 of the GMCC adds that the state received $400,000 from the license fees of Class 1 low-THC medical cannabis producers as of January 1, 2023. The Commission expected total earnings from such license fees for the whole fiscal year 2023 to amount to $1.28 million.
Medical cannabis was legalized in Lowndes County in 2015, but low-THC medical cannabis oil and product retail sales began in 2023.
Data sent by the Lowndes 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 293 marijuana possession arrests and 47 marijuana sales arrests, totaling 340 marijuana offense arrests.
In 2016, a year after the legalization of medical cannabis, there were 289 marijuana possession arrests and 28 marijuana sales arrests, totaling 317 marijuana offense arrests.
In 2018, there were 401 marijuana possession arrests and 38 marijuana sales arrests, totaling 439 marijuana offense arrests.
In 2021, the latest data showed 68 marijuana possession arrests and 20 marijuana sales arrests, totaling 88 marijuana offense arrests.
The number of DUI arrests in those years was as follows: