Georgia Statewide Rule
Georgia Bans Home Cannabis Cultivation Statewide
Key Facts
- Home grow
- Prohibited
- Statute
- O.C.G.A. 16-13-30
- Penalty
- Felony 1-10 years
- Patient grow
- Not allowed
Summary
Georgia law prohibits home cultivation of marijuana for any purpose, including by registered low-THC oil patients, and this prohibition preempts any conflicting local ordinance attempting to authorize personal grows.
It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both. (l) (1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
Full Breakdown
Under O.C.G.A. Title 16, Chapter 13, marijuana cultivation, possession of more than one ounce, and manufacture remain felonies. Georgia's Hope Act (O.C.G.A. Title 16, Chapter 12, Article 6) authorizes only licensed Class 1 and Class 2 producers to cultivate cannabis for low-THC oil sold to registered patients. Patients holding a Low THC Oil Registry card may possess up to 20 fluid ounces of qualifying oil but cannot grow plants at home. Cities and counties cannot authorize personal cultivation or recreational possession; municipal decriminalization measures address fines for small possession only and do not legalize growing.
Violations & Penalties
Cultivating any amount of marijuana is a felony punishable by 1 to 10 years' imprisonment under O.C.G.A. 16-13-30, in addition to asset forfeiture exposure.
Frequently Asked Questions
Can I grow medical cannabis at home in Georgia with a card?
Have Georgia cities legalized small home grows locally?
Sources
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