2025 Georgia Codes – Page 189

(a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any person to possess,
purchase, or have under his or her control 20 fluid ounces or less of low THC oil if such substance is in a
pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol
therein and:
(A) Such person is registered with the Department of Public Health as set forth in Code Section 31-2A-18
and has in his or her possession a registration card issued by the Department of Public Health; or
(B) Such person has in his or her possession a registration card issued by another state that allows the same
possession of low THC oil as provided by this state’s law; provided, however, that such registration card
shall not be lawful authority when such person has been present in this state for 45 days or more.
(2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses, purchases, or has
under his or her control 20 fluid ounces or less of low THC oil without complying with paragraph (1) of this
subsection shall be punished as for a misdemeanor.
(b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any person to possess,
purchase, or have under his or her control 20 fluid ounces or less of low THC oil if:
(A) Such person is involved in a clinical research program being conducted by the Board of Regents of the
University System of Georgia or any authorized clinical trial or research study in this state or their autho-
rized agent as:
(i) A program participant;
(ii) A parent, guardian, or legal custodian of a program participant;
(iii) An employee of the board of regents designated to participate in the research program;
(iv) A program agent;
(v) A program collaborator and their designated employees;
(vi) A program supplier and their designated employees;
(vii) A program physician;
(viii) A program clinical researcher;
(ix) Program pharmacy personnel; or
(x) Other program medical personnel; and
(B) Such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage
of tetrahydrocannabinol therein.
(2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses, purchases, or has
under his or her control 20 fluid ounces or less of low THC oil without complying with subparagraphs (A),
(B), and (C) of paragraph (1) of this subsection shall be punished as for a misdemeanor.
(c) Notwithstanding any provision of Chapter 13 of this title, any person having possession of, purchasing,
or having under his or her control more than 20 fluid ounces of low THC oil but less than 160 fluid ounces
of low THC oil or who manufactures, distributes, dispenses, sells, purchases, or possesses with the intent to
distribute low THC oil shall be guilty of a felony and, upon conviction thereof, shall be punished by impris-
onment for not less than one year nor more than ten years, a fine not to exceed $50,000.00, or both.
(d) Notwithstanding any provision of Chapter 13 of this title, any person who sells, manufactures, delivers,
brings into this state, purchases, or has possession of 160 or more fluid ounces of low THC oil shall be guilty
of the felony offense of trafficking in low THC oil and, upon conviction thereof, shall be punished as fol-
lows:
(1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid ounces, by imprison-
ment for not less than five years nor more than ten years and a fine not to exceed $100,000.00;
(2) If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,000 fluid ounces, by
imprisonment for not less than seven years nor more than 15 years and a fine not to exceed $250,000.00;
and
(3) If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for not less than ten
years nor more than 20 years and a fine not to exceed $1 million.
(e) Subsections (c) and (d) of this Code section shall not apply to a person involved in a research program
being conducted by the Board of Regents of the University System of Georgia or its authorized agent as an
employee of the board of regents designated to participate in such program, a program agent, a program col-
laborator and their designated employees, a program supplier and their designated employees, a physician,
clinical researcher, pharmacy personnel, or other medical personnel.
(f) Subsections (c) and (d) of this Code section shall not apply to a designated university, pharmacy, or
licensee under Article 9 of Chapter 12 of Title 16, provided that such possession, purchase, control, sale,
manufacturing, distribution, or dispensing is solely conducted in accordance with the provisions of Article 9
of Chapter 12 of Title 16.
(g) Nothing in this article shall require an employer to permit or accommodate the use, consumption, posses-
sion, transfer, display, transportation, purchase, sale, or growing of marijuana in any form, or to affect the
ability of an employer to have a written zero tolerance policy prohibiting the on-duty, and off-duty, use of
marijuana, or prohibiting any employee from having a detectable amount of marijuana in such employee’s
system while at work.

As used in this article, the term:
(1) “Applicant” means a corporate entity applying for a license pursuant to this article.
(2) “Available capital” means corporate assets that are available to fund business operations in the event a
license is awarded pursuant to Part 2 of this article.
(3) “Class 1 production license” means a license to produce and manufacture low THC oil and products
issued pursuant to Code Section 16-12-211.
(4) “Class 2 production license” means a license to produce and manufacture low THC oil and products
issued pursuant to Code Section 16-12-212.
(5) “Commission” means the Georgia Access to Medical Cannabis Commission created pursuant to Code
Section 16-12-202.
(6) “Designated universities” means the University of Georgia and Fort Valley State University.
(7) “Designated university license” means a license issued by the commission pursuant to this article to a
designated university to, separately or jointly, produce, manufacture, and purchase low THC oil and products
in accordance with this article.
(8) “Dispense” means the sale or provision of low THC oil and products to registered patients by a dispensing
licensee.
(9) “Dispensing license” means a specialty license issued by the State Board of Pharmacy or the commission
pursuant to Code Section 16-12-206 to dispense low THC oil and products to registered patients.
(10) “Grow” means cultivating and harvesting cannabis for use in producing low THC oil and products.
(11) “Licensee” means any business, or owner of such business, with a valid license issued pursuant to this
article.
(12) “Low THC oil” shall have the same meaning as set forth in Code Section 16-12-190.
(13) “Manufacture” means to process cannabis to produce low THC oil and products.
(14) “Owner” means any person who directly or indirectly owns, actually or beneficially, or controls 5 per-
cent or greater of interests of the applicant or any licensee. In the event that one person owns a beneficial
right to interests and another person holds the voting rights with respect to such interests, then both shall be
considered an owner of such interests.
(15) “Product” means low THC oil delivered through an oil, tincture, transdermal patch, lotion, or capsule,
except as prohibited by Code Section 16-12-234, but not including any food products infused with low THC
oil, including, but not limited to, cookies, candies, or edibles.
(16) “Registered patient” means an individual who is legally authorized to possess and use low THC oil and
products pursuant to Code Section 31-2A-18.
(17) “Tracking system” means a seed-to-sale tracking system to track marijuana that is grown, processed,
manufactured, transferred, stored, or disposed of and low THC oil and products that are transferred, stored,
sold, dispensed, or disposed of pursuant to this article.

Except as otherwise provided in this article, it shall be unlawful for any person in this state to produce, grow,
manufacture, or dispense low THC oil or any products related to its production in this state.