Is CBD oil legal in Georgia?
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- What is CBD?
- Why is CBD sometimes illegal?
- Georgia CBD laws
- Where to buy CBD in Georgia
- How to read CBD labels and packaging
CBD products are legal in Georgia, with the exception of CBD in foods, beverages, animal feed, or dietary supplements. The Georgia Hemp Farming Act, HB 213, which passed in May 2019, formally legalized the commerce of CBD products that conform with federal law requirements and contain 0.3% THC or less.
Georgia has had a restricted medical marijuana program in place since 2015. Qualifying patients can access CBD-rich cannabis oil that contains 5% THC or less. Adult-use cannabis remains illegal. Several municipalities in Georgia have effectively decriminalized the possession of small quantities of cannabis.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis and the second-most prominent in the plant after THC, which is largely responsible for producing an intoxicating high. CBD can be sourced either from marijuana or hemp plants and has a wide range of potential therapeutic benefits.
To date, researchers have identified a number of potential applications linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. Further, the chemical has shown promise in treating numerous health conditions, including seizure disorders, mood disorders such as depression, anxiety, and psychosis, chronic pain, and many more.
Most raw cannabis strains on the market today contain small amounts of CBD, especially compared with THC. But since the cannabinoid has gained considerable attention for its wide range of purported therapeutic benefits, more high-CBD strains have recently been cultivated.
Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps
Why is CBD sometimes illegal?
All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.
The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.
The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.
The FDA has declared that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of its stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD.
In addition to the federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies. Georgia is a state that closely adheres to the FDA stance regarding CBD as an additive in food, animal feed or dietary supplements.
Georgia CBD laws
Until May 2019, only CBD products with zero percent THC were legal in Georgia. The passing of HB 213, also known as the Georgia Hemp Farming Act, permitted the in-state production, processing, and sale of hemp and hemp products, and redefined CBD to match the federal definition.
Georgians can now legally purchase CBD products containing no more than 0.3% THC by dry weight. The Georgia Department of Agriculture, which is responsible for the state’s industrial hemp program, has released a declaration prohibiting the sale of CBD in food, drink, animal feed, or dietary supplements.
Georgians can now legally purchase CBD products containing no more than 0.3% THC by dry weight. Photo by: Gina Coleman/Weedmaps
In April 2015, Gov. Nathan Deal signed HB 1 into law. Also known as Haleigh’s Hope Act, this legislation allowed the use of CBD-rich oil derived from cannabis that contained no more than 5% THC for patients with qualifying medical conditions. While the law created the skeleton of a medical marijuana program for patients, it didn’t address how low THC oil would be produced, nor did it develop regulations around the purchase or transport of such products.
Haleigh’s Hope Act ensured only that qualified patients would be safe from prosecution for possession of low THC oil. On April 17, 2019, Gov. Brian Kemp signed HB 324, Georgia’s Hope Act, a bill that set up a regulatory system for the Georgia Department of Public Health (GDPH) to license and regulate the production and sale of low THC oil for patients. The bill allows for up to six private companies and two universities to grow and manufacture low THC cannabis oil.
Pharmacies will initially sell cannabis oil, and private dispensaries can apply for a license to distribute low THC oil to patients. Dispensaries are expected to open in 2020.
Licensing requirements for CBD
The Georgia Department of Agriculture (GDA) is responsible for the oversight of hemp cultivation and production in the state. The GDA is currently in the process of drafting regulations surrounding the licensure and rules of the hemp farming program.
Until the regulations have been released, no licenses will be issued. Only entities with a license from the GDA will be legally permitted to grow and process hemp and hemp-derived CBD. The cultivation of hemp without a license is illegal. Although the GDA is still drafting regulations, HB 213 outlines some preliminary guidelines for those who wish to cultivate hemp.
Applicants must undergo a criminal background check performed by local law enforcement. Those with convictions related to controlled substances are not eligible to apply for licenses. Applicants must be qualified with agricultural experience. Annual licensing fees cost $50 per acre, with a maximum fee of $5,000.00.
Written consent must be provided for the GDA to inspect premises where hemp is grown. Licensees must provide samples of hemp and hemp-derived CBD products through internal personnel or via independent lab testing contractors. Lab tests must prove that the sample contains no more than 0.3% THC. Crops with more than 0.3% THC must be destroyed.
Georgia CBD possession limits
Georgia has no possession limits on hemp-derived CBD products as long as the products contain no more than 0.3% THC by weight.
Georgia law authorizes the legal possession of up to 20 fluid ounces of low THC cannabis oil by qualified patients. The possession of any form of marijuana by an unauthorized person is a violation of state and federal law.
The penalty for possession of an illegal form of CBD product or cannabis scales depends on the amount in possession and whether there is an intention to distribute. Possession of more than 1 ounce is a felony punishable by up to 10 years in prison and $5,000 in fines.
Possession with intent to distribute is punishable by the same penalty tiers as the sale of illicit CBD or cannabis.
Where to buy CBD in Georgia
Georgia consumers can purchase hemp-derived CBD products from CBD-specific stores and health shops. While cafes and grocers may stock foods or beverages infused with CBD, the sale of these are prohibited by Georgia law.
Georgia consumers can purchase hemp-derived CBD products from CBD-specific stores and health shops. Photo by: Gina Coleman/Weedmaps
When purchasing from a storefront, particularly if the store specializes in CBD, you can receive guidance from an employee. Explain what you’re looking for, your reasons for consuming CBD, and they can point you in the right direction.
Georgia residents can also buy hemp-derived CBD online, usually through specific brands’ websites. You can also find verified CBD brands on Weedmaps. Reputable brands will generally provide you with essential product details, including the form of the CBD (such as oil, capsules, topicals, tinctures, etc.), the quantity of CBD the product contains, the other chemicals or ingredients present in the product, and more.
While many online checkout systems support US-based CBD sellers, some companies like Paypal consider CBD a “restricted business” and don’t support online sales. Confirm the websites’ checkout system before purchasing CBD online.
How to read CBD labels and packaging
The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.
Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. A CBD product should clearly state what kind of CBD is used.
Full-spectrum CBD oil means the extract contains cannabis-derived terpenes and trace amounts of cannabinoids such as THC. Broad-spectrum also includes other cannabis compounds but has had THC removed during the processing phase. CBD isolate is a pure crystalline powder containing only CBD.
Most reputable CBD producers typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full-spectrum, broad-spectrum, or isolate.
- Batch or date code.
Is CBD oil legal in Georgia? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Georgia CBD laws Where to
Where to Buy CBD Oil in Georgia in 2020
If you’re trying to find a reliable place to buy CBD oil in Georgia legally, this is the place with all the answers.
CBD oil is quickly gaining in popularity all over the United States for its ability to treat anxiety, pain, and seizures.
Research shows that CBD oil sales are projected to reach $1.15 billion by 2020.
As the market grows, more companies are trying to get their piece of the pie. Unfortunately, this means that some people are taking advantage of the uninformed customer and selling sketchy products that contain almost no CBD at all.
It’s essential to keep yourself informed and purchase from trustworthy suppliers. We always recommend buying online to take advantage of special offers and discount deals that you wouldn’t find in-store.
The laws around marijuana and its related products are in constant flux. Slowly, more states are legalizing marijuana for both medicinal and recreational use.
This article is designed to give you confidence when purchasing CBD oil in Georgia. We discuss the legal climate, and the best places to buy quality CBD products.
A great place to start is to familiarize yourself with the local laws.
What’s the law regarding marijuana products in Georgia?
Table of Contents
- Buy CBD Oil in Georgia:
- Is CBD Legal In Georgia?
- How to Buy CBD Oil in Georgia
- 1. Online Shops
- 2. Local Stores in Georgia
- Is Marijuana Legal in Georgia?
- Georgia Was One of the First States to Legalize Medical Marijuana
- Recommended CBD Retailers in Georgia
- Final Notes on Buying CBD Oil in Georgia
Buy CBD Oil in Georgia:
- Royal CBD Oil — Best CBD Oil Overall
- Gold Bee CBD Gummies — Best CBD Gummies
- CBDistillery THC-Free Pure CBD Oil — Best CBD Isolate Oil
- Industrial Hemp Farms — Best CBD Flower
- Honest Paws CBD Oil For Dogs — Best CBD Oil For Dogs
Is CBD Legal In Georgia?
There are two main types of CBD oil currently available. The first is CBD oils derived from industrial hemp plants, and the second is oils derived from flowering marijuana plants.
Depending on how your oils are made, the law may change.
CBD oil produced from a flowering marijuana plant contains a higher level of THC, which is the chemical that produces the high associated with marijuana. Without a medical marijuana card, these are illegal in Georgia.
Even with a medical marijuana card, your oil must contain an equal amount of CBD to THC, and the THC level cannot exceed 5%.
The other types of CBD oil are produced from industrial hemp plants. These oils generally contain a THC content of less than 0.3% and don’t get the user high.
Industrial hemp CBD oils are legal to purchase and possess in Georgia, and across the United States.
This is a result of the Farm Bill of 2014. The Federal government made changes to the Agricultural Act that removed industrial hemp from the Controlled Substances Act as a schedule I drug.
These changes made it possible for farmers to legally grow industrial hemp as an agricultural crop to be used for paper, clothing, fuel, food, and research.
The Farm Bill opened the door to legal industrial hemp CBD oil production.
Industrial hemp CBD oil can be conveniently purchased online or in a limited number of stores in Georgia.
Follow our guide below to ensure you get quality CBD oil for the best price.
How to Buy CBD Oil in Georgia
The laws and regulations around CBD oil in Georgia are still a little unclear, which means it can be difficult to find a reliable source for your CBD needs.
The industry is brand new, which means that companies are popping up like crazy, and many of them are selling sketchy products. Tests have found that some companies are selling oils that contain heavy metals, solvents, or no CBD at all.
Here are a few measures you can take to protect yourself from companies selling low-quality CBD oil products:
- Always be sure to check if the company’s products are tested and approved by a third-party lab. Some of the CBD products you may find on shelves contain significantly less CBD than they’re advertising. These labs can also test for any foreign materials that don’t belong in the oil.
- Watch out for companies that claim that CBD oil is some kind of miracle drug. CBD oil is an extremely versatile health supplement that can help with many problems. However, CBD oil won’t fix broken arms.
- Purchase from companies that use CO2 as their method of extraction. CO2 extraction doesn’t use any additional solvents or heat, which helps to keep your CBD oil pure and clean.
Making your purchase online is the easiest way to verify that the company’s products are legit. If they’re a reputable source, they should have all of these factors listed in an easy-to-find location on their website.
It may be difficult to double-check the source of your products in-store, but local shops should have knowledgeable staff who can point you in the right direction.
1. Online Shops
Making your purchase from a trustworthy online store is by far the most convenient method.
You can find your favorite CBD products in many forms, including creams, tinctures, balms, waxes, and some places even have products for your pets!
Online retailers generally have wider selections than local stores and can save you a lot of driving around the city to compare. Shopping online gives you access to discount deals and special offers that you probably won’t find in-store.
As long as you purchase products with a THC content of 0.3%, you should have no trouble with the law.
Although we always recommend shopping online, if you would prefer to purchase your CBD oils in person, we’ve included a list of places in Georgia where you may be able to find them locally.
See if you can find your city on our list below!
2. Local Stores in Georgia
Due to Georgia’s strict marijuana laws, it may be difficult to track down a reliable local supplier. Some of the best places to look for CBD oil locally include vape stores, head shops, and natural health outlets.
Remember to follow our advice above when shopping locally to protect yourself from sketchy companies selling snake oil! Make sure you do your research before committing to any supplier of CBD oils.
Is Marijuana Legal in Georgia?
Under federal law in the United States, marijuana is currently regarded as a schedule 1 drug under the Controlled Substance Act. This means getting caught with marijuana by a federal authority can carry similar penalties to those associated with heroin, meth, and LSD.
Marijuana laws vary significantly from state to state. Historically, Georgia has had harsh penalties for possession of even small amounts of marijuana.
In Georgia, possession of more than an ounce of marijuana is a felony and can be punished with up to 10 years in prison.
If you’re caught with less than an ounce, it’s a misdemeanor that can earn you one year in jail or a $1000 fine.
Although the state and federal laws often don’t agree when it comes to marijuana, the federal government usually doesn’t interfere.
Georgia Was One of the First States to Legalize Medical Marijuana
In 1980, Georgia was among the first states to pass a medical marijuana law. The law was reserved for those who were suffering from severe glaucoma or cancer patients who were having side effects from chemotherapy.
However, the Drug Enforcement Agency (DEA) stopped the only source of Georgia’s legal, medical marijuana in 1982. Unfortunately, the state had not delivered a single gram of marijuana to any eligible patients by that time.
The state’s medical marijuana program was stopped in its tracks before it had even gotten started.
For more than 30 years, Georgia had a medical marijuana program written into law but had no source of legal marijuana.
Finally in 2015, State Governor Nathan Deal passed a law that would get the ball rolling on medical marijuana in Georgia.
Haleigh’s Hope Act allows registered patients to possess up to 20 ounces of low-THC (less than 5%) cannabis oil to treat specific medical conditions. The amount of CBD must also be at least equal to the THC content.
If you’re looking to register as a medical marijuana patient in Georgia, you must be suffering from one of the following conditions:
- Amyotrophic lateral sclerosis
- Seizure disorders related to epilepsy or head injuries
- Multiple sclerosis
- Crohn’s disease
- Mitochondrial disease
- Parkinson’s disease
- Sickle cell disease
- Tourette’s syndrome
- Epidermolysis bullosa
- Alzheimer’s disease
- AIDS / HIV
- Peripheral neuropathy
- The patient is in a hospice program, either as an inpatient or outpatient
- Intractable pain
- Post-traumatic Stress Disorder
It’s important to note that medical marijuana laws in Georgia don’t legalize marijuana use. They simply provide a legal defense in court if the authorities choose to prosecute you for possession.
If you’re approved for a medical marijuana license in Georgia, you must also meet these standards when in possession of cannabis oil:
- If you possess cannabis oil, you must be registered with the Georgia Department of Public Health and must have a registration card on your person when possessing said oil.
- If you are under 18 years of age, then your parent or guardian must possess a card designating them as the patient’s caregiver.
- The medical marijuana oil must contain no more than 5% THC, and it must contain an amount of CBD that is at least equal to the amount of THC.
- The low THC oil must be in a pharmaceutical container, and the label must clearly state the percentage of THC contained therein.
- You may possess no more than 20 fluid ounces of low THC oil.
Remember that even if you meet all of the above requirements, it doesn’t stop a police officer from arresting you and taking you to court for possession. It only means that you have a good reason for doing so when talking to the judge.
Much of the confusion around marijuana law comes from the fact that it’s still totally illegal on the federal level. Regardless of what the state says, a federal authority can still come down and give you trouble.
However, there is hope if you wish you purchase CBD oil in Georgia. Even without a medical marijuana license.
Recommended CBD Retailers in Georgia
- Vape Atlanta
- EAV Smoke & Vape
- Vape 911
- Village Smoke
- Mary Jane’s CBD & Vape Shop
- Blue Smoke Vape
- Sunset Novelties
- Gallery Smoke Savannah
- Ye Ole Tobacco Shop
- Smoke City
- Your CBD Store
- Victorious Vapors
- iPuff Smoke & Vape
- Aficionados of Augusta
- Ragweeds Smokes & Tokes
If you don’t see your city here, check out a reputable online source. Otherwise, your local vape stores and head shops may be able to take care of your CBD needs.
Final Notes on Buying CBD Oil in Georgia
If you are eligible for a medical marijuana license in Georgia, you are legally able to buy CBD oils containing a THC content of no more than 5%. Remember that your license doesn’t provide you with protection from the law; it simply gives you a defense in front of a judge.
For those of you without a medical marijuana card, you can easily track down great deals on CBD oil online or in your local vape stores and head shops.
It’s almost always more convenient to purchase your CBD oils in Georgia through a trustworthy online store. They often have quick delivery and better deals than those you would find in-store.
Looking to buy legal CBD oil in Georgia? This article will answer all your questions about the law and show you where to buy CBD oils.