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georgia cbd oil law

CBD Oil in Georgia: What’s Legal and What’s Not

CBD Oil in Georgia: What’s Legal and What’s Not

You can find tons of stores selling CBD oil in Georgia and thousands of people are using it to relieve stress and anxiety or treat a certain health condition like insomnia or diabetes. If you are tempted to buy one for the same reasons, you’re probably wondering about one thing.

Is CBD Oil Legal in Georgia?

CBD possesses only trace amounts of THC which is the same compound that produces the “high” one could get from using marijuana. It’s generally extracted from hemp which was basically removed from the Controlled Substances Act through the federal Farm Bill.

With that being said, CBD Oil is no longer illegal if you consider federal law.

In addition to that, the Georgia General Assembly also happened to pass a bill that permits the cultivation of hemp in the state.

Now, this is where it gets confusing.

Agriculture Commissioner Gary Black issues a warning that says CBD use in foods and drinks is still prohibited. Because of that, dozens of coffeehouses, bars, and restaurants pulled back their CBD products.

And there are people who have been arrested for possessing CBD oil. This includes a 69-year-old grandma who was handcuffed while being taken into custody at a Walt Disney World checkpoint because of a bottle of CBD oil inside her purse.

Sounds scary, right?

While the police don’t really like telling its people to live in fear of them, they want the public to be aware of the really small possibility of extreme instances happening, such as the episode that happened with the Disney grandma.

Going back to the question, the answer is yes.

As with the other 49 states of the country, you can legally use hemp oil in Georgia. You can sell, buy, and possess CBD oil without having to worry about facing legal issues.

Just make sure that the oil you have has low THC. Also, it should only be used for certain medical conditions.

Otherwise, you might end up with Georgia’s harsh marijuana law.

Where to Buy CBD Oil in Georgia?

Despite the confusion of the legality of CBD oil in Georgia, you can actually find it almost everywhere. In fact, you can even find it in sparkling water, ice cream, coffee, and kombucha.

However, if you really want something pure for your pain, anxiety, and trouble issues, you may want to consider buying CBD oil solely instead of getting it mixed with your drinks or food. It’s also a good option if you want to avoid legal consequences from using CBD oil in Atlanta and other cities in the state.

Now, there are a couple of ways to buy CBD oil in Georgia.

Your first option is to get a “low THC oil” card for the state. To get one, you need to see your physician to know if your eligibility.

Your information will be entered into the “Low THC Oil Registry” which we’ll cover later on. It’s where the entire process for application will be completed. After qualifying, you’ll be able to get your ID card from any of the Public Health Offices in the state.

If that sounds like a lot of work for you, you can just buy your CBD oil online. Make sure that you’re purchasing from a reputable and reliable company to ensure not just the product’s legality and quality but your safety, too.

For that matter, you may want to read our best CBD oil for anxiety and depression review to learn more about famous companies in the market.

Remember, the company you choose should be able to ship CBD oils that have 0.3% THC or lower as that’s what the law requires. Apart from that, you should also be aware of what extraction process the company uses for its products.

As much as possible, stick with companies that use CO2 extraction method. It’s considered as the safest means to extract high-quality and pure CBD oil.

Shipping and return policies matter, too.

Before placing your orders, double check if the company ships to Georgia. You should also check if you can actually return the oil in case there’s a problem with the packaging or the actual product.

Considering all those things, Sabaidee CBD makes an excellent option whether you’re new to using CBD products or you’re switching brands. It has the legal amount of THC so you won’t have to worry about failing drug tests.

Plus, the products it offers are high-quality ones, too.

Every product it sells has low THC level and there’s a good range of choices when it comes to strength and flavor. You should be able to find one that meets your health needs.

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How to Be Eligible to Buy CBD Oil in Georgia?

The medical marijuana law of the state only allows certain qualified persons to have a maximum of 20 fluid ounces of low THC CBD oil. If you want to qualify, there are certain criteria you have to meet.

In general, there are 3 categories of people who qualify for the card. First are the adults who have one or more of the law-specified diseases.

Next are the legal guardians of adults who have 1 or more of the said diseases. Parents or legal guardians taking care of a minor child may also apply for the card.

The list of diseases and conditions that qualify for the registry is quite long. However, as a way to guide you, we’ve listed down some of the diseases covered by the law.

  • Seizure disorders that are related to epilepsy or head injuries related to trauma
  • Mitochondrial diseases
  • Cancer
  • Parkinson’s disease and Alzheimer’s disease at its most severe or end-stage
  • Autism spectrum disorder
  • Amyotrophic lateral sclerosis at its end stage
  • Crohn’s disease
  • Intractable pain
  • Post-Traumatic Stress Disorder or PTSD that directly results from exposure or witnessing of a traumatic event

If you happen to be caring for your patient with another legal guardian, then you have the option to apply for separate cards.

Now, for the application process, it generally starts with the physician treating you. There are forms you’ll be required to fill.

The first one is the waiver form which you and your doctor needs to sign. Then, there’s the physician certification form.

For legal purposes, your doctor will keep the original certification and waiver. If you need to secure a copy for yourself, then you need to request a copy.

Your doctor will be the one to send your data to the Department of Public Health. Once there’s a confirmation for your qualification, they’ll start making your registry card.

There’s a standard fee for the card which you need to pay. It costs about $25.

Your card will be valid for two years from the date it’s issued. Don’t worry about forgetting its expiry date since it’s going to be printed in front of your ID card.

After such time, you’ll need to see your doctor again and request to have your information updated in the registry. Processing your data, printing your ID card, and getting it ready for pick-up will generally take around 15 business days.

If you happen to lose your card, you can call the State Office of Vital Records. They’ll contact your doctor just to confirm that you are still under his care.

After confirming that, you’ll be provided with a new registry card.

2020 News about CBD in Georgia

Georgia is one of those states that have confusing CBD laws. While it allows the use of CBD oils containing low THC, the addition of CBD oil into food and dietary supplement is considered against the law.

This is because the state’s Department of Agriculture’s Food Safety Division follows the Food Drug and Cosmetic Act. It states that the inclusion of hemp into animal feed, supplement, and food leaves the product adulterated.

And the Department won’t change their stand regarding recreational and medical marijuana in Georgia unless the FDA alters theirs.

The Department of Agriculture and the rest of the people responsible for drafting laws involving CBD oil use and hemp cultivation and processing are in the process of drafting better regulations and rules. They should be able to come up with a more finalized and solid rules soon.

Georgia has a harsh marijuana law and it makes the people who are in need of CBD oil for treating specific medical conditions wary not just for their health but their safety, too.

Is it legal to use CBD oil in Georgia and where can you buy one for yourself? Find out everything you need to know in our article.

Georgia cbd oil law

CBD Oil and Low THC Oil: Are they legal in Georgia

Many locations are now offering to sell CBD or THC products, but this leaves many individuals questioning what is legal and what is not.

The first step to understanding the legality of these items is understanding how Georgia law defines them.

As of May 10, 2019, hemp and hemp products, as defined by Georgia law, are no longer a violation of Georgia’s Controlled Substances Act. In Georgia law hemp is defined as “the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level,” while hemp products are defined as “all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for legal commercial sale, but not including food products infused with THC unless approved by the United States Food and Drug Administration.”

Currently, the federally defined THC level for hemp is a “delta-9-THC concentration of not more than 0.3 percent on a dry weight basis.” Many of the products that people are referring to as CBD oil fall within this category. These products are legal so long as they are not food infused products, unless they have been approved by the FDA. Production and distribution of these products, outside of commercial sales, is still highly regulated in Georgia and must strictly comply with Georgia’s laws.

The next category that we look at is what Georgia law defines as “Low THC Oil.” Low THC oil is defined in the law 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.”

Low THC oil can be possessed by a person who has registered with the Georgia Department of Public Health and is in possession of their registration card, so long as the person possesses less than 20 fluid ounces of low THC oil and it is in a pharmaceutical container labeled by the manufacturer stating the percentage of tetrahydrocannabinol (THC).

The law defines who qualifies for these types of cards and the process to obtain them, but the easiest course of action to ensure compliance with this law is to go through a licensed physician in Georgia to determine qualification.

When a person violates the provisions of the law regarding low THC oil and possesses less than 20 fluid ounces of low THC oil, then the person is committing a misdemeanor, which carries a maximum penalty of up to 12 months in jail. If a person possesses more than 20 fluid ounces of low THC oil then the person is committing a felony. Additionally, if a person not approved to manufacture, distribute, dispense, sell, or possess with intent to distribute low THC oil does so, regardless of the amount, it is a felony. The range of punishments for felony violations of this law vary depending on the amount of low THC oil, but on the low end it carries one to 10 years in prison.

Possession of THC, other than low THC oil or hemp products as described above, is a felony in Georgia and possession of marijuana is still illegal throughout the state of Georgia. Possession of marijuana less than one ounce is a misdemeanor, while possession of more than one ounce is a felony. Much like low THC oil, when a person manufactures, distributes, dispenses, sells, or possesses with intent to distribute marijuana, regardless of the amount, it is a felony.

Unless an individual is prescribed low THC oil and is complying strictly with those requirements, these laws can create many challenges for the average member of the public. The process in which CBD oils are regulated and tested can vary significantly from state to state, which could mean that what is written on the label is not accurate. If the product contains more THC than listed on the label, possession could be a crime as outlined above.

Other challenges arise from the fact that other states and the federal government may have different laws regarding these items, which could result in federal prosecution or violations of the laws of other states when traveling. Some courts are also reporting that CBD oil may cause individuals to have positive drug screens for THC. If a person is charged with possessing any of these products, having a clear understanding of the differences and how these differences are determined is fundamental to raising appropriate defenses to these charges.

With the rise of companies selling CBD or THC items, many people are questioning what is legal and what is not. Read more about the legality of these items.