Cannabis and Hemp-derived CBD oils are in an uncertain grey area.
An example? A Grandmother was handcuffed at Walt Disney World for carrying a bottle of CBD oil in Florida.
As such, many individuals are understandably worried if they will be the next unsuspecting culprit of strict regulations on Cannabidiol.
While in 2018 the U.S. passed the Federal Farm Bill making Hemp-derived CBD legal and removing it from the Controlled Substances Act, the state-level status of CBD remains a heavily debated topic. Furthermore, the protections given to Hemp-derived CBD do not necessarily extend to their Cannabis-derived counterparts.
Since states can’t decide on what they deem safe and legal for the average Joe to be walking around with, the laws around buying cannabis products can be complicated and confusing– Georgia is no exception.
In fact, Georgia has been known for their limited medical marijuana laws including the prohibition on sale or possession of leaf, vape, or even edibles. They have even recently prohibited physicians from prescribing medical marijuana as a treatment.
So, Is CBD oil legal in Georgia? What is this ‘Low-THC Registry’? Do you need a card to use or purchase CBD oil in the state of Georgia?
It’s federally legal to possess, buy, and use CBD in Georgia, but state law is a little more vague. Keep reading to find out more about how Georgia law views the use of CBD.
What is state law regarding CBD oil in Georgia?
This is where technicalities become important.
While federal law has made Hemp derived CBD legal so long as it contains less than 0.3% THC, the same legality does not apply on the state-level in Georgia. In fact, Georgia state law still deems all amounts of THC illegal.
As the law on full-spectrum products in the U.S. is still ambiguous from state to state, stick to Isolate or Broad spectrum CBD products that contain zero THC to stay on the safe side.
Now, there are some exceptions to the above, but only for qualifying individuals.
Qualified patients are legally allowed to carry up to 20 fl oz of “low-THC Oil” derived from the Marijuana plant. This causes much stress on actual Medical Marijuana patients because their THC supply is limited, but causes more confusion for soley CBD users due to unclear laws.
In 2015, there was a loosely worded House Bill passed in Georgia by Governor Nathan Dean known as Haleigh’s Hope Act. This allowed access to medicinal Cannabis oils to patients with various medical conditions such as PTSD, cancer, Tourette syndrome, and more.
This was not Georgia’s only CBD related bill.
Georgia’s House Bill 1 allowed further university research to be conducted regarding seizure treatments in children, as well as the patients only being able to access cannabis oil with < 0.5% THC.
The wording of this bill has been problematic because it did not specifically state the words ‘CBD Oil’ at any point. Instead the Bill mentions the legality of possessing ‘low-THC’ Cannabis oils containing less than 0.5% THC and an equal or greater content of CBD to THC. As such, the debate on these particular CBD products has been ongoing and unresolved.
Finally, Governor Brian Kemp of Georgia signed the House Bill 324, legalizing the production and sale of cannabis oil to card holders in Georgia. Therefore making the purchase of CBD oil derived from Cannabis legal for cardholders to buy and transport in the state.
Even though some patients were easily able to obtain a card, it’s easy to see why stores selling CBD in Georgia are few and far between. This has made it increasingly common for Georgia residents to purchase CBD products online.
Who can qualify for a ‘Low-THC’ card?
In order to legally use CBD Cannabis oils in Georgia, the department of public health states that patients must have a valid I.D. card registered to the states ‘Low-THC Oil Registry’. This THC oil card allows qualified patients to own Cannabis oil and not be arrested. The card is valid for two years after the issued date by the public health offices. Patients may only qualify for a card if they have any of the following:
- ALS (Lou Gehrig’s Disease)
- Multiple sclerosis (MS)
- Crohn’s disease
- Mitochondrial disease
- Parkinson’s disease
- Sickle cell disease
- Tourette’s syndrome
- Autism spectrum disorder
- Epidermolysis bullosa (a rare skin condition)
- Alzheimer’s disease
- Peripheral neuropathy
- Patient is in hospice
- Intractable pain
So, what about wanting to just buy CBD derived from Hemp?
Georgia law has succeeded in confusing it’s citizens, but it’s okay because it’s not as bad as we thought.
Overall, the ‘Low-THC Registry’ impacts Hemp-Derived CBD users in little to no way. It really helps hold the restrictions that Cannabis derived CBD users have.
If you want to be safe, you can purchase the $25 low-THC oil card and have that peace of mind. Otherwise, we suggest sourcing your CBD with a high-quality, out of state manufacturer, such as Cannafyl, and make sure that the product is under the legal limit of less than .3% THC.