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Is Weed Legal in Georgia? Marijuana and THC Laws

In Georgia, an ounce of marijuana can mean a year in jail, and anything more is a felony. Patients on the state's medical cannabis registry can legally hold up to 12,000 milligrams of THC, bought from dispensaries the state licenses.

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Recreational marijuana is illegal in Georgia, and medical cannabis is legal only for patients on a state registry. Possessing one ounce or less is a misdemeanor under OCGA 16-13-2(b). Registered patients and their caregivers may possess medical cannabis with up to 12,000 milligrams of THC (Georgia Department of Public Health).

Key facts

  • One ounce or less can bring 12 months in jail and a $1,000 fine (NORML).
  • More than one ounce is a felony, with 1 to 10 years (NORML).
  • Registered patients may hold up to 12,000 mg of THC (DPH).
  • 18 conditions qualify, with a physician’s certification renewed every year.

Marijuana Penalties in Georgia

Georgia draws the line at one ounce of marijuana. Up to that amount, possession is a misdemeanor. A judge may sentence up to 12 months in jail, a fine up to $1,000, or both, or up to 12 months of public works.

Marijuana possession penalties in Georgia

What you haveOffenseJail or prisonFine
One ounce or less of marijuanaMisdemeanorUp to 12 monthsUp to $1,000
More than one ounceFelony1 to 10 yearsUp to $5,000
Hash or concentrate, up to 28 gramsFelony1 to 15 years, by weightVaries by weight

Source: OCGA 16-13-2(b); NORML, Georgia Laws and Penalties

Concentrates fall outside the one-ounce misdemeanor. NORML’s summary of Georgia law lists hash and concentrates as felonies charged by weight, with up to 15 years for 28 grams or less. First-time offenders may qualify for conditional discharge, a form of probation that keeps the charge off their record if they complete it (NORML).

Medical Cannabis in Georgia

Georgia’s medical program lets registered patients possess up to 12,000 milligrams of THC. The Department of Public Health runs the Medical Cannabis Patient Registry under OCGA 31-2A-18. A Georgia-licensed physician whose main practice is in the state must certify the patient, and the certification is renewed every year (DPH).

The Department of Public Health lists 18 qualifying conditions.

  • ALS
  • Alzheimer's disease
  • Autism (adults; severe autism for those under 18)
  • Cancer (skin cancer only if metastatic)
  • Epidermolysis bullosa
  • Hospice care
  • HIV at stage III
  • Inflammatory bowel disease
  • Intractable pain
  • Lupus
  • Mitochondrial disease
  • Multiple sclerosis
  • Parkinson's disease
  • Severe peripheral neuropathy
  • PTSD (adults, from direct exposure to or witnessing a trauma)
  • Seizure disorders from epilepsy or head injury
  • Sickle cell disease
  • Tourette's syndrome

Registered patients buy from dispensaries licensed by the Georgia Access to Medical Cannabis Commission. The commission adds each dispensary to its location map when it opens, and the map was last updated August 5, 2026. Independent pharmacies may also be licensed to dispense; the commission links to the Board of Pharmacy’s list (GMCC).

Georgia Marijuana by Situation

Open the situation closest to yours. This is general information, not legal advice.

Georgia marijuana rules, by situation

I want a medical cannabis card
  1. Check whether your diagnosis is on the Department of Public Health list.
  2. See a Georgia-licensed physician whose principal practice is in the state; only they can certify you.
  3. Get your registry card, and renew the physician certification every year.
  4. Buy only from a commission-licensed dispensary or licensed pharmacy.

DPH says annual physician certification is the only way patients can legally obtain medical cannabis in Georgia.

I was stopped with marijuana
  1. Say you want a lawyer, and then stop talking about the case.
  2. Do not consent to a search of your car, phone or home.
  3. If you cannot afford a lawyer, ask for a public defender at your first appearance.
  4. Ask your lawyer whether conditional discharge is an option for a first offense.

One ounce or less is a misdemeanor, but more than an ounce, or any concentrate, can be charged as a felony.

Visiting from a legal state
  1. Leave your cannabis at home. Georgia does not honor other states' recreational purchases.
  2. Georgia's registry is for Georgia patients.
  3. Marijuana is still illegal under federal law, including at airports.

DPH: possession of any form of marijuana by an unauthorized person violates state and federal law.

Where Things Stand

Georgia marijuana and THC, laws to watch

As of October 1, 2026

  • Recreational marijuana Law, Illegal

    Possessing one ounce or less is a misdemeanor; more than an ounce is a felony. DPH states that "marijuana is not legal in Georgia." (source)

  • Medical Cannabis Patient Registry Law, Up to 12,000 mg of THC

    Registered patients and caregivers with an active card may possess medical cannabis under OCGA 31-2A-18, with yearly physician certification. (source)

  • Licensed dispensaries Agency action, Map updated August 5, 2026

    The Georgia Access to Medical Cannabis Commission adds each licensed dispensary to its map when it opens; independent pharmacies can also hold licenses. (source)

  • Federal rescheduling of marijuana Proposal, Schedule III

    FDA-approved marijuana drugs moved to Schedule III on April 28, 2026; a DEA hearing on marijuana itself began June 29, 2026. (source)

  • Federal hemp definition change Paused, until December 11

    Due November 12, 2026, then delayed to December 11, 2026 by the funding law signed September 2, 2026 (H.R. 6500), according to the Cannabis Law Blog. Some products may still change on November 12. (source)

Source: Georgia Department of Public Health; Georgia Access to Medical Cannabis Commission; Federal Register; Cannabis Law Blog

Georgia Marijuana Questions

Is weed legal in Georgia in 2026?

Not for recreational use. Possessing one ounce or less of marijuana is a misdemeanor, punishable by up to 12 months in jail, a $1,000 fine, or both. More than an ounce is a felony. Registered medical cannabis patients may possess up to 12,000 milligrams of THC.

How much weed is a felony in Georgia?

More than one ounce of marijuana is a felony carrying 1 to 10 years, according to NORML’s summary of Georgia law. Hash and concentrates are charged as felonies by weight, even in small amounts.

Who qualifies for medical cannabis in Georgia?

Patients with one of 18 conditions on the state list, certified each year by a Georgia-licensed physician who practices mainly in the state. The list includes cancer, intractable pain, PTSD in adults, seizure disorders and sickle cell disease.

Can anyone buy from a Georgia dispensary?

No. Only patients and caregivers on the Medical Cannabis Patient Registry with an active card may buy medical cannabis. The Department of Public Health says possession of any form of marijuana by anyone else violates state and federal law.

Is delta-8 or hemp THC legal in Georgia?

Hemp products fall under Georgia’s separate hemp law, not its marijuana law. A federal change to the definition of hemp, delayed to December 11, 2026, could outlaw most intoxicating hemp products nationwide.

What You Can Do

  1. Know the line. One ounce of flower is a misdemeanor; more than that, or any concentrate, can be a felony.
  2. If you qualify, register. Start with the Department of Public Health and a Georgia-licensed physician.
  3. If you are charged, get a lawyer before you plead. Ask for a public defender if you cannot afford one. Our public defender guide explains how.
  4. Tell your state legislators what you think. Every seat in the General Assembly is on the November 3, 2026 ballot. Our letter-writing guide shows how to write them.
  5. Compare other states. Our Florida marijuana explainer covers a neighbor whose medical program voters put in the state constitution.