Is CBD Hemp Oil Legal in Georgia?

Georgia CBD Laws

House Bill 1 (Haleigh’s Hope Act)

In April 2015, Governor Nathan Deal signed House Bill 1, also known as Haleigh’s Hope Act. This law allowed patients with qualifying medical conditions to use cannabis-derived CBD oil with no more than 5% THC⁽⁸⁾.

Haleigh’s Hope Act authorized educational institutions to research CBD oil and see how it may work to treat children’s seizure disorders.

The law has created the foundation for the state’s medical marijuana program. House Bill 1 also ensured that qualified patients are safe from prosecution for low THC oil possession.

Haleigh’s Hope Act did not mention the term “CBD oil.” Instead, the legislation referred to the legal possession and use of low-THC cannabis oil (called “low THC oil”).

“Low THC oil” is defined as any oil containing no more than 5% THC and an amount of CBD equal to or greater than the THC content.

An individual must have a valid patient identification card to use and possess low-THC oil in Georgia legally. The card shows that the individual is registered in the state’s “Low THC Oil Registry.”

There are three categories of individuals eligible to get a low THC oil registry card⁽⁹⁾:

• an adult who has one or more of the diseases specified in the law
• legal guardians of an adult who has one or more of the conditions specified in the law
• parents or legal guardians of a minor child who has one or more of the diseases specified in the law

One must consult with a physician and be diagnosed with one of the qualifying medical conditions⁽¹⁰⁾:

• Cancer
• Seizure or epilepsy
• Multiple sclerosis (severe or end-stage)
• Crohn’s disease
• Amyotrophic lateral sclerosis (ALS or Lou Gehrig’s disease)
• Mitochondrial disease
• Parkinson’s disease (severe or end-stage)
• Tourette’s syndrome (severe)
• Alzheimer’s disease (severe or end-stage)
• Autism spectrum disorder
• AIDS (severe or end-stage)
• Intractable pain
• Post-traumatic stress disorder (PTSD)
• Sickle cell disease
• Epidermolysis bullosa (a rare skin condition)
• Peripheral neuropathy (symptoms are severe or end-stage)
• The patient is in hospice (either as inpatient or outpatient)

Medical cannabis patients may pick up their low THC oil registry card from one of the 20 public health offices across the state.

House Bill 324 (Georgia’s Hope Act)

Governor Brian Kemp signed House Bill 324, also known as Georgia‘s Hope Act, on April 17, 2019⁽¹¹⁾.

This bill set up a system of regulations for the Georgia Department of Public Health (GDPH) to regulate and license the production and sale of low-THC oil to patients.

House Bill 325 allows for up to two universities and six private companies to grow and manufacture low-THC cannabis oil.

However, the law did not address how low-THC oil is made, nor did it develop regulations on the transport and purchase of such products.

The GDPH stated that House Bill 325 only creates a procedure that ensures qualified patients are protected from prosecution for having it in their possession.

CBD Possession Limits in Georgia

The state of Georgia has no possession limits on CBD products derived from hemp. These products’ only requirement is to contain 0.3% THC or less in dry weight⁽¹²⁾.

Under Georgia’s medical marijuana law, legal possession of cannabis oil with up to 20 fluid ounces of low THC is authorized for qualified patients⁽¹³⁾.

The low-THC oil must be stored in a pharmaceutical container with the CBD and THC percentages indicated on the manufacturer label.

Any unauthorized individual who possesses any form of marijuana is a violation of federal and state law.

The penalties for possession of an illegal form of cannabis or CBD product depend on the following: amount in possession or whether there is an intent to distribute.

Those who possess less than an ounce of marijuana may be charged with a misdemeanor. It is punishable by a fine of up to $1,000 or up to a year in prison⁽¹⁴⁾.

Possession of more than one ounce is considered a felony, punishable by $5,000 in fine and up to ten years in prison⁽¹⁵⁾.

Possession of marijuana with an intent of distribution is punishable by the same penalty for the sale of illicit cannabis or CBD

Under Georgia law, CBD products are legal, except for CBD edibles, CBD-infused animal feed, or CBD-infused dietary supplements. 

The Georgia Hemp Farming Act gave way to the legalization of hemp-based CBD products that conform with federal law requirements. 

The state’s medical marijuana program allows patients to legally possess and use CBD-rich cannabis oil that contains 5% THC or less. 

Patients must be diagnosed with one of the qualifying medical conditions and have a “low THC oil registry card.” 

Consumers may purchase CBD oil products with zero THC from stores and the brand’s official website. 

*The information was based on findings retrieved on May 18, 2022.  The legality and regulations for CBD may change without notice. 

Original Blog written prior to March 10, 2020:  Thank goodness times have changed!

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:

• Cancer
• ALS (Lou Gehrig’s Disease)
• Seizure/epilepsy
• 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
• AIDS
• Peripheral neuropathy
• Patient is in hospice
• Intractable pain
• PTSD

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.

Sources:

Brightfield Group: Is Hemp CBD Effective

Georgia Department of Public Health: Low THC Registry Page