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Cannabis in Georgia is illegal for recreational use, but decriminalized in the cities of Atlanta, Savannah, Macon, Athens, and others. Limited medical use is allowed in the form of cannabis oil containing less than 5% THC.
In the 1970s and 1980s, a number of county sheriffs and deputies were prosecuted for their involvement in the drug trade, including Sheriff John David Davis, a former moonshiner who had been pardoned by President Nixon and was convicted in 1984 of smuggling cannabis into south Georgia. Davis' case parallels that of a number of other former moonshiners who segued into the cannabis trade. [1]
In 1983, amidst controversy, the Drug Enforcement Administration conducted aerial spraying of illegal cannabis plots in the Chattahoochee National Forest in northern Georgia, using the herbicide paraquat. [2] Citizens and a congressman objected, noting paraquat's dangers, and a temporary restraining order was placed on further spraying. The federal Drug Abuse Policy Officer Pat McKelvey rebutted that paraquat is a safe and widely used herbicide, and alleged that the objections to the DEA spraying had been raised by cannabis growers and legalization advocates. [3]
In February 1980, a 50-0 Senate vote and a 156-8 House vote passed Mona Taft's bill supporting legal medical marijuana in Georgia for people diagnosed with glaucoma and cancer patients undergoing chemotherapy and radiation. Members from both parties came together to support Taft, including then-state Sen. Paul Broun. According to a Feb. 14, 1980, Knight-Ridder wire report about the bill, Broun hugged Taft when the legislation passed the Senate. The bill's sponsor, Rep. Virlyn Smith, R-Fairburn, even told the widow that he'd recently given a constituent taking chemotherapy a recipe for marijuana-laced chocolate-chip cookies. Georgia's program had effectively ended without ever supplying a single patient with the medical marijuana promised. Subsequent Georgia governors had the authority to reappoint the board, but never acted. As a result, the law has lingered on the books for the last 30 years. [4]
A measure to allow medical cannabis oil up to 5% tetrahydrocannabinol (THC) passed the Georgia House in February 2015. [5] On April 16, 2015, the low-THC cannabis oil (rich in cannabidiol, or CBD) was legalized for medical use in the state under HB 1, [6] the Haleigh’s Hope Act. [7] [8] The bill was immediately enacted after being signed by Governor Nathan Deal. The bill allowed possession of the oil for eight qualifying medical conditions but did not provide for cultivation or distribution within the state. A May 2017 expansion under SB 16 added six more conditions. [9] [10] In 2018, HB 65 added intractable pain and posttraumatic stress disorder (PTSD). [11] In April 2019 legislation was approved (House Bill 324) to allow in-state cultivation of cannabis and sale of the low-THC oil. [12] [13] In 2021, SB 195 was approved to allow the sale of cannabis tinctures, transdermal patches, lotions, and capsules, while still prohibiting edible products and flower. [14] On April 28, 2023, the first licensed sales began with the opening of dispensaries in Marietta and Macon. [15]
In October 2017, Atlanta City Council voted 15–0 to reduce the penalty for up to 1 ounce (28 g) of cannabis to a $75 fine. [16] Savannah City Council followed in March 2018 by voting 8–1 to reduce the penalty to a $150 fine. [17] Other jurisdictions that have decriminalized or otherwise acted to reduce penalties include: Clarkston (2016), [18] South Fulton (2018), [18] Forest Park (2018), [18] Kingsland (2018), [18] Statesboro (2018), [19] Macon–Bibb County (2019), [20] Augusta (2019), [21] Chamblee (2019), [22] Tybee Island (2021), [23] Athens–Clarke County (2022), [24] Stonecrest (2022), [25] and East Point (2023). [26]
In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis is strictly illegal in Wyoming. The state has some of the strictest cannabis laws in the United States. Cannabis itself is not allowed for medical purposes, but a 2015 law allows limited use of non-psychoactive Cannabidiol. An effort was made to place two initiatives on the 2022 ballot, one to legalize medical cannabis, and the other to decriminalize personal use.
Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.
Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.
Cannabis in Alabama is illegal for recreational use. First-time possession of personal amounts is a misdemeanor, punishable by up to a year in prison, a fine of up to $6000, and a mandatory six months driver's license suspension. Repeat offenses and possession with intent to sell are felonies.
Cannabis in Louisiana is legal only for medicinal use; recreational possession of 14 grams or less is decriminalized punishable by a fine of no more than $100. Medicinal use is allowed with a physician's written recommendation for any debilitating condition. Prior to statewide decriminalization, possession of small amounts of marijuana was first decriminalized in the cities of New Orleans, Baton Rouge, and Shreveport.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in Indiana is illegal for recreational use, with the exception of limited medical usage. Possession of any amount is a Class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $1000.
Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.
Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.
The possession, use, and distribution of cannabis without a license in the State of Israel are violations under the Dangerous Drugs Ordinance. A decade ago, despite these regulations, enforcement was relatively lax, partially influenced by a political movement advocating tolerance. Over the years, the enforcement approach has progressively become more lenient. As of 2021, cannabis use has been fully decriminalized, with it being treated as an administrative infraction primarily when used in highly visible public places. There is a possibility that cannabis may be legalized for recreational use by adults aged 21 and older in the future, with regulations akin to those for alcohol. Public and cross-party political support for the complete decriminalization of cannabis increased in the 2010s with increasing usage for both medical and recreational purposes, and the establishment of a political party primarily devoted to this cause; on July 19, 2018, the Knesset approved a bill for decriminalization, although the supporters of recreational cannabis use insisted that this did not represent complete decriminalization. The law came into effect on April 1, 2019. On June 25, 2020, further legislation designed to decriminalize possession of up to 50 grams of cannabis began its passage through the Knesset.
Cannabis in Mexico is legal for both recreational and medicinal purposes. It became legal for recreational purposes in June 2021, upon application and issuance of a permit from the health secretariat, COFEPRIS. On 29 June 2021, the Supreme Court of Mexico decriminalized the recreational use of cannabis. President Andrés Manuel López Obrador signed a bill that allows adults 18 and over to possess up to 28 grams of cannabis and grow up to six marijuana plants on their property.
