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

Is Cannabis Cultivation Legal in Whitfield County?

The State of Georgia's House Bill 324 (HB 324), known as Georgia's Hope Act, legalized licensed low-tetrahydrocannabinol (THC) cannabis cultivation for medical purposes in Whitfield County in April 2019. This had been predated by House Bill 1 (HB 1) or Haleigh's Hope Act, which allowed the use of low-THC cannabis oil for medical purposes in 2015. HB 324 requires low-THC cannabis oil to contain less than 5% THC concentration.

HB 324 formed the Georgia Access to Medical Cannabis Commission (GMCC) to license and regulate low-THC medical cannabis businesses. A production license, either Class 1 or Class 2, granted by the GMCC is required to establish a medical cannabis growing business in Whitfield County. Applications, however, were only allowed until January 27, 2021.

Only six low-THC medical cannabis production licenses, comprised of two Class 1 and four Class 2 licenses, were authorized by HB 324 to be issued across the state. On September 21, 2022, the GMCC approved two Class 1 licenses, which must fully function within the year so their license would not be canceled. No Class 2 licenses had been awarded as of August 2023.

Low-THC medical cannabis must be grown indoors by all license holders. Class 1 licensees are allowed a growing area with a maximum of 100,000 square feet. Class 2 licensees have a growth space restriction of 50,000 square feet.

The following are the fees for Class 1 low-THC medical cannabis production permits and ownership transfers:

• $25,000 Application Fee
• $200,000 Initial License Fee
• $100,000 Annual License Renewal Fee
• $100,000 First Sale Transfer of Ownership Fee
• $150,000 Second Sale Transfer Fee
• $200,000 Third Sale Transfer of Ownership Fee
• $200,000 Fourth Sale Transfer of Ownership Fee
• $1,000 Change of Name Fee for Ownership, Company Name, or Agent Name

The fees for Class 2 low-THC medical cannabis production permits and ownership transfers are as follows:

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

The holder cannot sell a production license until five years have passed since the GMCC first granted it.

There must be over 3,000 feet separating a licensed low-THC medical cannabis production facility from an educational institution, daycare establishment, or place of worship. Inspections by local municipal and county authorities, the GMCC, and the Georgia Drugs and Narcotics Agency must be accommodated.

In all types of licensed low-THC medical cannabis production facilities, HB 324 restricts the use of pesticides regulated by the Georgia Department of Agriculture. Only certified organic products are authorized.

To monitor and document low-THC medical cannabis trimming, drying, curing, and waste disposal, the licensed production facility must set up a monitoring system approved by the GMCC.

Is Cannabis Manufacturing Legal in Whitfield County?

HB 324 of the State of Georgia legalized licensed cannabis product manufacturing from low-THC cannabis oil in Whitfield County after HB 1 legalized the use of low-THC cannabis oil for medical treatment.

Whitfield County medical cannabis manufacturing companies are required to have the same GMCC Class 1 or Class 2 production license as low-THC medical cannabis cultivators. These licensees can cultivate low-THC medical cannabis and manufacture products from low-THC medical cannabis oil. Therefore, all of the guidelines and limitations outlined above are applicable. Additionally, all low-THC medical cannabis oil and product sales, refunds, and disposals must be monitored and recorded by the monitoring system.

Licensed producers of low-THC medical cannabis products are allowed to process the following product types:

• Capsules
• Oils
• Tinctures
• Transdermal patches
• Lotions

The manufacturing of medical cannabis products in edible form, or those administered through vaping or electronic cigarettes, is prohibited under HB 324.

Before distributing their goods to licensed medical cannabis retailers, low-THC medical cannabis manufacturing licensees must hire a laboratory approved by the GMCC for testing samples from every batch of their medical cannabis oil and products. The test is intended to demonstrate that the medical cannabis oil and products they have produced are free of contaminants. If a batch fails, then it must be disposed of as waste, and proof of its destruction must be supplied to the GMCC upon request.

Is Cannabis Retail Legal in Whitfield County?

Licensed low-THC medical cannabis and cannabis product retail in Whitfield County was legalized by the State of Georgia’s HB 324 subsequent to the legalization by HB 1 of cannabis oil usage as a form of medical treatment.

For a cannabis retail firm to supply medical cannabis oil and its products to medical cannabis cardholders at retail, the low-THC medical cannabis dispensary license of the GMCC is mandatory. According to the GMCC Annual Report for 2023, HB 324 enabled the Commission to grant five low-THC medical cannabis dispensary licenses to each Class 1 and Class 2 production license holder. Every production license holder may be given a sixth dispensary license if the patients on the Georgia Department of Public Health (DPH) Low THC Oil Registry already number 25,000. Beyond that, each production license holder may be awarded another dispensary license for every 10,000 patients added to the registry.

The registry comprised 27,257 patients on March 9, 2023. As a consequence, current Class 1 low-THC medical cannabis production license holders received six dispensary licenses each as of May 24, 2023. However, none were located in Whitfield County.

Low-THC medical cannabis production licensees must still apply separately for GMCC dispensary licenses. The fees charged are determined by the county tier based on where the dispensary is located. Whitfield County is a Tier 2 county. The following are the fees for various county tiers:

There must be at least 1,000 feet between a licensed low-THC medical cannabis dispensary and a church, childcare center, or school. Furthermore, the same inventory management system used by licensed low-THC medical cannabis cultivators and processors must be used by licensed dispensaries.

The licensed medical cannabis shop may only offer low-THC medical cannabis oil and products made by licensed medical cannabis producers to medical cannabis cardholders. In a single transaction, the medical cannabis cardholder is only allowed to purchase up to 20 fluid ounces of low-THC medical cannabis oil or comparable items.

Is Cannabis Delivery Legal in Whitfield County?

The State of Georgia’s HB 324 and HB 1 do not address the legality of low-THC medical cannabis and cannabis product delivery anywhere in the state. However, HB 324 permits low-THC medical cannabis and cannabis products to be transported between licensed medical cannabis facilities under the same ownership.

How to Get a Medical Marijuana Card in Whitfield County

To get a medical cannabis card, Whitfield County residents must first print from the Low-THC Oil Registry the Low-THC Oil Physician Certification and Low-THC Oil Waiver. With the waiver already signed, they must present both documents to their own physician, who must be state-licensed and listed on the registry. The physician will sign the certification and post both documents online to the Georgia DPH if the patient is found to have any of the following qualifying ailments:

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

The certification will specify that a caregiver is necessary if the patient is a minor or an adult who needs help. The patient has the right to get copies of the waiver and certification.

The medical cannabis card is valid for two years and takes around 15 days to process. The patient and caregiver may get the card from the Whitfield County Health Department for a fee of $25 each.

For more information, the following may be contacted:

*Georgia DPH Low THC Oil Unit *

Phone: (770) 909-2765

Email: THCRegistry@dph.ga.gov

How Has Cannabis Legalization Impacted the Economy of Whitfield County?

All retail purchases of low-THC medical cannabis oil and products made by holders of medical cannabis cards are subject to the State of Georgia's sales and use tax under HB 324. According to the Georgia Department of Revenue's General Rate Chart, the sales and use tax rate, from July 1 through September 30, 2023, is at 4%.

As of January 1, 2023, Class 1 low-THC medical cannabis growers and processors paid the state $400,000 in license charges, according to the GMCC's Annual Report for 2023. The Commission predicted that such licensing costs would generate $1.28 million in revenue for the full fiscal year 2023.

The Effects of Cannabis Legalization on Crime Rates in Whitfield County

Low-THC medical cannabis was legalized in Whitfield County in 2015, but it was sold by retail only in 2023.

Data sent by the Whitfield 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 81 marijuana possession arrests and 63 marijuana sales arrests, totaling 144 marijuana offense arrests.

In 2016, a year after the legalization of medical cannabis, there were 223 marijuana possession arrests and 58 marijuana sales arrests, totaling 281 marijuana offense arrests.

In 2021, the latest data showed three marijuana possession arrests and six marijuana sales arrests, totaling nine marijuana offense arrests.

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

• 2014: 104 arrests
• 2016: 113 arrests
• 2021: 133 arrests