Georgia is still serious about the use or possession of marijuana and THC products. While limited amounts of “low THC oil” are legal for certain persons with specific medical conditions if they are registered with the state of Georgia, using or possessing oils with higher concentrations of THC are still against the law and can carry stiff penalties.
When it comes to low THC oil, Georgia is strict about compliance with the law. Possession of more than the maximum allowable amount of low THC oil by a registered user or caregiver is illegal. And possession or use by someone not registered with the state is always a crime.
Tetrahydrocannabinol, or THC, is the main mind-altering compound found in cannabis, or marijuana. While a Georgia resident might be able to legally purchase THC wax and enjoy THC-infused foods at restaurants when visiting other states, possession and use become illegal when back on Georgia soil. If caught with THC oil or wax, the criminal charge can be a misdemeanor or a felony, depending on the concentration and the amount of THC you are caught carrying. Most THC products brought from other states contain felony concentrations.
Low THC oil is defined as an oil that contains an amount of “cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis.”
Qualified persons can legally possess up to 20 fluid ounces if they are registered with the Georgia Department of Public Health. The low THC oil must be carried in a pharmaceutical container labeled by the manufacturer stating the amount of THC, and the registered carrier must possess their registration card at all times. Patients with specific medical conditions, or their legal guardians, cannot apply directly for a low THC oil registry card. The application must instead be filed by a treating physician. The law lists 17 medical conditions that qualify, including cancer, Parkinson’s, seizure disorders, and Tourette’s syndrome.
The state is strict about the quantity a registered patient or guardian can possess. If someone is caught with more than 20 ounces but less than 160 ounces, regardless of whether or not they are registered to carry low amounts, the offense is a felony with one to 10 years of prison if convicted. If caught carrying 160 ounces or more, the charges fall under trafficking and can result in up to 20 years in prison as well as a fine of up to $1 million if convicted. Anyone not registered with the state who is caught carrying 20 ounces or less of low THC oil faces a misdemeanor charge with up to 12 months in jail as penalty.
Oils with more than 5% tetrahydrocannabinol, as well as THC waxes, are illegal in Georgia and result in a felony charge if caught. Anyone convicted faces penalties that range from a year in jail for less than one ml or mg to 15 years or more, depending on the amount.
If you, or your child, have been charged with possession of THC oil or low THC oil, call us for assistance. The experienced attorneys at Ghanouni Teen & Young Adult Defense Firm can evaluate the charges and provide clarity on available options. Reach out to us for a complimentary Defense Strategy Meeting.