The licensed cultivation of low-tetrahydrocannabinol (THC) cannabis for medical use in Newton County was legalized in April 2019 by House Bill 324 (HB 324) of the State of Georgia, called Georgia's Hope Act. This occurred after Haleigh's Hope Act or House Bill 1 (HB 1) legalized low-THC cannabis oil usage for medical treatment in 2015. Low-THC cannabis must have a THC content of lower than 5%, according to HB 324.
The Georgia Access to Medical Cannabis Commission (GMCC) was set up by HB 324 for the licensing and governance of low-THC medical cannabis enterprises. A GMCC production license, whether Class 1 or Class 2, is necessary to start a medical cannabis cultivation company in Newton County. However, applications were only open until January 27, 2021.
HB 324 permitted the issuance of just six low-THC medicinal cannabis production licenses across the state, consisting of two Class 1 and four Class 2 permits. The GMCC issued two Class 1 licenses on September 21, 2022, which must be operational in full in a year or their license would be revoked. As of August 2023, no Class 2 licenses had been issued.
All license holders must cultivate low-THC medical cannabis indoors. Class 1 licensees are permitted a cultivation area of up to 100,000 square feet. Class 2 licensees are limited to 50,000 square feet of growing space.
Fees for Class 1 low-THC medical cannabis cultivation licenses and ownership transfers are as follows:
The following are the fees for Class 2 low-THC medical cannabis cultivation licenses and ownership transfers:
Five years must have passed since the GMCC initially awarded a production license before it can be sold.
A licensed low-THC medical cannabis manufacturing facility must be separated by more than 3,000 feet from a house of worship, educational institution, or childcare facility. Local municipal and county officials, the GMCC, and the Georgia Drugs and Narcotics Agency must all be accommodated during inspections.
HB 324 bans the use of pesticides controlled by the Georgia Department of Agriculture in all licensed low-THC medical cannabis growing facilities. Only organic-certified products are permitted.
The licensed production facility must put up a monitoring system with the approval of the GMCC for the monitoring and documentation of low-THC medical cannabis trimming, drying, curing, and waste disposal.
The licensed manufacturing of low-THC medical cannabis products from low-THC medical cannabis oil in Newton County was legalized under the State of Georgia’s HB 324 after the administration of low-THC cannabis oil was earlier allowed by HB 1 for medical purposes.
Low-THC medical cannabis manufacturers in Newton County must have the same GMCC Class 1 or Class 2 production license as low-THC medical cannabis growers. They are permitted to raise low-THC medical cannabis crops and make goods containing low-THC medical cannabis oil. All of the aforementioned guidance and limits apply. Furthermore, the monitoring system must also keep track of all low-THC medical cannabis oil and product transactions, returns, and disposals.
The following product categories may be processed by licensed manufacturers of low-THC medical cannabis products:
HB 324 prohibits the manufacture of edible medical cannabis products, as well as those contained in vaping devices or electronic cigarettes.
Low-THC medical cannabis manufacturing licensees must employ a GMCC-approved laboratory to analyze samples from each batch of their medical cannabis oil and products before sending these to licensed medical cannabis retailers. The test is designed to show that the medical cannabis oil and goods they created are free of toxins. A batch that fails must be discarded, with confirmation of destruction provided to the GMCC whenever requested.
Licensed retail selling of low-THC cannabis, low-THC cannabis oil, and its products was legalized in Newton County by HB 324 of the State of Georgia. Prior to this, the use of low-THC medical cannabis oil for treatment was legalized by HB 1 statewide.
The GMCC low-THC medical cannabis dispensary license is required for a cannabis retail enterprise to offer medical cannabis oil and its products to medical cannabis cardholders at retail. HB 324 allowed the Commission to issue five low-THC medical cannabis shop licenses to each Class 1 and Class 2 production license holder, as stated in the GMCC Annual Report for 2023.
When the target of 25,000 patients listed on the Georgia Department of Public Health (DPH) Low THC Oil Registry is achieved, every production license holder may be granted a sixth dispensary license. On top of that, for every 10,000 additional patients admitted into the registry, each production license holder may be issued another dispensary license.
On March 9, 2023, the registry was made up of 27,257 patients. Hence, existing Class 1 low-THC medical cannabis production license holders were each allowed six dispensary licenses on May 24, 2023. However, none could be found in Newton County.
GMCC dispensary licenses still require separate applications from holders of low-THC medical cannabis production licenses. The fees are decided by the location of the dispensary and the county tier. Newton County is classified as a Tier 2 county. Fees for various county tiers are as follows:
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 |
A licensed low-THC medical cannabis retail facility and a church, daycare center, or school must be at least 1,000 feet apart. In addition, licensed dispensaries must utilize the same inventory management system as licensed low-THC medical cannabis growers and manufacturers.
To medical cannabis cardholders, the licensed medical cannabis shop may only sell low-THC medical cannabis, its oil, and its products from licensed medical cannabis producers. The medical cannabis cardholder is only permitted to buy up to 20 fluid ounces of low-THC medical cannabis oil or its equivalent in a single transaction.
HB 324 and HB 1 of the State of Georgia are silent about the legalization of the delivery of low-THC medical cannabis and its products statewide. However, the moving of low-THC medical cannabis and cannabis products among the various medical cannabis establishments of the same licensee is allowed by HB 324.
The first thing that Newton County residents must do to get a medical cannabis card is to print the Low-THC Oil Waiver and Low-THC Oil Physician Certification from the Low-THC Oil Registry. The waiver is to be signed by the patient and both documents presented to the patient’s state-licensed attending physician, who should also be enrolled in the registry. If the patient has been diagnosed with at least one of the qualifying ailments below, the physician will sign the certification and send both papers digitally to the Georgia DPH.
The qualifying ailments are:
If the patient is a juvenile or an adult who needs assistance, the certification will state that a caregiver is required. The patient is entitled to get a copy of the waiver and of the certification.
The processing time for the two-year medical cannabis card is about 15 days. Unfortunately, the card cannot be picked up within Newton County. The patient and caregiver must choose the most convenient from the following adjacent county health departments where they can pick up their cards after each paying the $25 fee:
For additional information, please contact the following:
*Georgia DPH Low THC Oil Unit *
Phone: (770) 909-2765
Email: THCRegistry@dph.ga.gov
According to HB 324, the State of Georgia's sales and use tax is applied to all retail purchases of low-THC medical cannabis, its oil, and its products made by medical cannabis cardholders. From July 1 through September 30, 2023, the sales and use tax rate, according to the General Rate Chart of the Georgia Department of Revenue, is 4%.
The GMCC Annual Report for 2023 showed that the state earned $400,000 in licensing fees from Class 1 low-THC medical cannabis producers alone as of January 1, 2023. According to the Commission, licensing charges will yield $1.28 million in state income for the entire fiscal year 2023.
Low-THC medical cannabis was legalized in Newton County in 2015, but it was only in 2023 that retail sales began.
Data sent by the Newton 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 196 marijuana possession arrests and 12 marijuana sales arrests, totaling 208 marijuana offense arrests.
In 2016, a year after the legalization of medical cannabis, there were eight marijuana possession arrests and 81 marijuana sales arrests, totaling 89 marijuana offense arrests.
In 2021, the latest data showed 15 marijuana possession arrests and two marijuana sales arrests, totaling 17 marijuana offense arrests.
The number of DUI arrests during those years was as follows: