Upcoming 1 June: Cannabis Use in Georgia – Legal or Not? Here’s a Breakdown of the Current Law

By Demetria Larkin Last updated May 9, 2025

As of June 1, 2025, Georgia’s cannabis laws remain a complex blend of decriminalization, medical allowances, and ongoing legislative reforms. While recreational cannabis use is illegal statewide, certain cities have decriminalized possession of small amounts.

Medical cannabis is permitted under strict conditions, and recent legislative efforts are pushing for broader access. Here’s a comprehensive breakdown of Georgia’s cannabis landscape as it stands today.

Recreational Cannabis: Still Illegal, But Decriminalized in Some Cities

Recreational cannabis use remains illegal across Georgia. However, several cities have taken steps to decriminalize possession of small amounts. For instance, Atlanta, Savannah, Macon, Athens, and others have reduced penalties for possessing up to one ounce of cannabis, typically imposing fines instead of jail time. Despite these local reforms, state law still classifies recreational cannabis use as a misdemeanor, and statewide legalization is not on the immediate horizon.

Medical Cannabis: Legal with Strict Regulations

Georgia’s medical cannabis program allows patients with certain qualifying conditions to access low-THC cannabis oil containing no more than 5% THC. The program, established under the Hope Act in 2019, has expanded over the years to include additional forms such as tinctures, capsules, and topicals. As of late 2024, the state’s medical cannabis registry had over 25,000 active patients.

In March 2025, the Georgia Senate passed Senate Bill 220, which aims to increase the THC limit in medical cannabis products from 5% to 50% and allows for alternative consumption methods, including vaping. The bill also removes the requirement that certain medical diagnoses be “severe or end-stage” to qualify for the program and adds new qualifying conditions such as lupus.

Hemp and Delta-THC Products: Under Scrutiny

While hemp-derived products like CBD have gained popularity, Georgia lawmakers are tightening regulations on certain cannabinoids. In March 2025, the Senate passed legislation to limit the THC content in beverages and other hemp products. For example, the new rules cap THC-infused beverages at 5 mg per serving and impose testing and labeling requirements. These measures aim to protect consumers and ensure product safety.

Federal vs. State Law: A Complicated Relationship

Despite state-level reforms, federal law continues to pose challenges. In December 2023, the U.S. Drug Enforcement Administration (DEA) issued a memo stating that pharmacies cannot legally dispense cannabis products containing more than 0.3% THC, classifying them as Schedule I controlled substances. This federal stance has hindered Georgia’s efforts to integrate medical cannabis into pharmacies, despite state legislation permitting such sales.

Social Justice and Racial Disparities

Cannabis-related arrests in Georgia disproportionately affect Black communities. Despite similar usage rates across racial lines, Black Georgians are 3.7 times more likely to be arrested for cannabis possession than their white counterparts. This disparity has led to calls for reform, emphasizing the need for equitable policies that address the social and economic impacts of cannabis criminalization.

Looking Ahead: What’s Next for Cannabis in Georgia?

As Georgia moves forward, several key developments are on the horizon:

Expansion of Medical Access: Pending legislation could significantly broaden access to medical cannabis by increasing THC limits and expanding qualifying conditions.
Regulation of Hemp Products: Stricter regulations on hemp-derived products aim to ensure consumer safety and product consistency.
Social Justice Initiatives: Ongoing discussions focus on addressing racial disparities in cannabis-related arrests and exploring avenues for expungement and reinvestment in affected communities.

While Georgia is not on the verge of full cannabis legalization, the state’s evolving landscape reflects a growing willingness to reconsider and reform its cannabis policies.