Georgia Cannabis & Substances Laws (2026)

A comprehensive legal reference for cannabis & substances in the state of Georgia. This guide covers current statutes, penalties, and restrictions for 7 different categories.

Georgia permits hemp-derived CBD products under the Georgia Industrial Hemp Act (O.C.G.A. § 2-23-1 et seq.). Products must contain less than 0.3% THC and comply with state testing and labeling requirements.

Possession

Legal to possess hemp-derived CBD products with less than 0.3% THC.

Sale

Sale is allowed with proper licensing and compliance with state regulations.

Penalties

N/A

Age Restriction

None

Delta-8 THC

RESTRICTED

Georgia law (O.C.G.A. § 16-13-30) prohibits synthetic cannabinoids including Delta-8 THC if produced via chemical conversion. The Georgia Hemp Farming Act allows hemp products with less than 0.3% Delta-9 THC, but Delta-8 produced synthetically is illegal. Natural hemp-derived Delta-8 products remain in a legal gray area but are generally restricted.

Possession

Illegal if synthetically produced; natural hemp-derived Delta-8 is restricted.

Retail Sale

Sale of synthetic Delta-8 is prohibited.

Penalties

Possession or sale of synthetic Delta-8 can result in misdemeanor or felony charges.

Age Restriction

21+ for hemp products; Delta-8 generally restricted.

Hemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal with restrictions in Georgia under the 2018 Farm Bill. Senate Bill 494, signed in April 2024 and effective July 1, 2024, introduced new regulations for the hemp industry, including stricter testing and labeling requirements...

Possession

Legal under 0.3% THC by dry weight

Retail Sale

Legal at retail and online

Penalties

Products exceeding 0.3% THC are treated as marijuana.

Age Restriction

21+ in most jurisdictions

Kratom

LEGAL

Kratom is legal in Georgia, with no state laws banning or regulating it. It is not classified as a controlled substance under Georgia Code Title 16, Chapter 13.

Possession

Legal to possess kratom.

Sale

Legal to sell and purchase kratom.

Penalties

N/A

Age Restriction

None

Psilocybin mushrooms are illegal under Georgia Code Title 16, Chapter 13, Article 2 as Schedule I controlled substances. Possession, sale, or manufacture is prohibited with criminal penalties.

Possession

Illegal; possession is a criminal offense.

Distribution

Illegal; sale or distribution is a felony.

Penalties

Penalties include imprisonment and fines under Georgia Code § 16-13-30.

Age Restriction

None (illegal for all ages).

Recreational marijuana is illegal in Georgia. No significant legislative changes since 2023.

Personal Possession

Illegal. Possession of 1 oz or less is a misdemeanor (up to 1 year jail, $1,000 fine). Over 1 oz is a felony (1-10 years). Low-THC oil is allowed for qualifying medical patients.

Retail Purchase

Illegal. Distribution is a felony regardless of amount. Sale within 1,000 feet of schools, parks, or housing projects carries enhanced penalties.

Penalties

Under 1 oz: misdemeanor, up to 1 year. Over 1 oz: felony, 1-10 years. Distribution: felony, 1-10 years (first offense). Near schools: 5-20 years.

Age Restriction

N/A

Salvia

ILLEGAL

Salvia divinorum is a controlled or banned substance in Georgia. Georgia enforces its ban on Salvia.

Possession

Illegal. Salvia divinorum is classified as a controlled substance in Georgia. Possession is a criminal offense.

Sale

Illegal. Sale and distribution of salvia is prohibited in Georgia.

Penalties

Misdemeanor or felony charges depending on state classification.

Age Restriction

N/A