US State

Cannabis and hemp laws

Georgia

Low-THC oil program only

Adult use
Illegal
Medical
Limited
Last reviewed
May 27, 2026

Georgia

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Georgia

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FAQ

Common questions

Is marijuana legal in Georgia?

Recreational marijuana is illegal in Georgia. Medical access is limited to a low-THC or CBD-only program.

Is THCA legal in Georgia?

No. Georgia bans the retail sale of unprocessed hemp flower and leaves under O.C.G.A. §2-23-4, regardless of THC content. Separately, SB 494's total-THC formula (delta-9 + 0.877 × THCA) puts almost all THCA flower above the 0.3 percent ceiling on the math alone.

Is delta-8 THC legal in Georgia?

Restricted. Delta-8 edibles and beverages remain legal at Georgia retail if they meet SB 494's serving, container, age-21, and licensing rules and the total-THC ceiling.

Is hemp-derived delta-9 THC legal in Georgia?

Legal with limits. Hemp-derived delta-9 edibles and beverages are legal at licensed Georgia retail under SB 494: 10 mg total delta-9 THC per serving and 300 mg per container for edibles, 10 mg per 12 ounces for beverages, age 21 and over, with total THC under 0.3 percent dry weight using the §2-23-3.1 formula.

This is general information, not legal advice.

Seed Legality

Viable marijuana seeds are contraband in GA; only sterilized seed is exempt. Hemp seed requires a GDA license.
Hemp seeds
Restricted
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

O.C.G.A. § 16-13-21 defines marijuana to include 'the seeds thereof,' exempting only 'completely sterilized samples of seeds... incapable of germination,' so viable seed sale, purchase, and gifting are all prosecutable under the Georgia Controlled Substances Act (possession under 1 oz is a misdemeanor; sale/distribution is a felony). Georgia has no adult-use or home-cultivation program — its low-THC oil registry does not permit growing. Viable hemp seed (≤0.3% delta-9 THC) may only be acquired and planted by growers licensed under the Georgia Hemp Farming Act, O.C.G.A. § 2-23-1 et seq., with SB 494 (2024) tightening hemp product rules.

Key law:
O.C.G.A. § 16-13-21; O.C.G.A. § 2-23-1 et seq. (Georgia Hemp Farming Act)
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.