CBD is a naturally occurring chemical sold and purchased across the State of Georgia. CBD is an abbreviation for cannabidiol, which is a chemical found in marijuana & hemp plants that does NOT produce the “high” associated with THC (the psychoactive chemical found in marijuana plants). According to the National Cancer Institute CBD may relieve pain, reduce inflammation, and decrease anxiety. For this reason, many companies sale products infused with CBD, such as soaps, lotions, oils, herbs, cigarettes, and more. This blog gives you some basic info about CBD and its legal status in Georgia.
Is CBD the same as Marijuana?
No. CBD and marijuana are NOT the same thing. Although CBD is a component of marijuana, it can also be extracted from hemp, which was recently defined by the federal government as a plant from the cannabis species that contains 0.3% THC or less.
Hemp and Marijuana look and smell alike but contain different levels of THC. While federal regulations require legal hemp plants to contain 0.3% THC or less, marijuana tends to contain much more.
So CBD is legal, but Marijuana is illegal?
Yes. However it’s a bit more complicated. The federal government distinguishes hemp from marijuana, and the Agriculture Improvement Act of 2018 made all hemp agriculture legal in the United States. As a result, The State of Georgia passed its own Hemp Farming Act in 2019 that regulates hemp.
However, the federal government continues to categorize marijuana as a Schedule I Controlled Substance (drugs considered to have no medical benefit). Despite evidence that this categorization is rooted in political motives & lacking scientific support, our government has refused changing this classification.
What does Georgia say about CBD?
CBD is legal in Georgia if it contains no more than 0.3% THC. Your CBD must have a clear and accurate label, for instance. There are many fake products with inaccurate labels, unverified testing, and unnatural ingredients.
What does Georgia say about Marijuana?
Although still behind the national trend, Georgia has legalized limited medical marijuana. For example, residents are allowed to apply for a Low THC Oil Registry Card from the Georgia Department of Health. With this card, you can carry up to 20 fluid ounces of cannabis oil containing no more than 0.5% THC per weight. The Low THC Oil Registry Card will be distributed to Georgia residents who obtain a doctor’s prescription. You must have a diagnosis such as cancer, ALS, Seizures, Multiple Sclerosis, Crohn’s Disease, Mitochondrial Disease, Parkinson’s Disease, Sickle Cell Disease, Tourette’s Syndrome, Epidermolysis Bullosa, AIDS, or Peripheral Neuropathy, to obtain this card.
Can I break the law by possessing CBD or Marijuana?
Yes. It is illegal to have CBD with more than 0.3% THC, Low-THC Oil with more than 0.5% THC, or more than 20 fluid ounces of Low-THC Oil. Consequently, you could face criminal prosecution in accordance with Georgia’s ban on marijuana.
Possession of an ounce or less of marijuana is considered a misdemeanor. You can face up to 12 months in jail, a $1,000 fine, community service, drug counseling, and monthly supervision.
Possession of more than an ounce of marijuana, or possession of any amount of marijuana less than 10 lbs with the intent to distribute, is considered a felony. You can face up to 10 years in prison, a $100,000 fine, community service, drug evaluations, and monthly supervision.
Trafficking of 10 lbs or more of marijuana is also considered a felony. You can face a minimum sentence of 5 years, 10 years, or 15 years in prison. In addition, you will be facing a minimum fine of $100,000, $250,000, or $1,000,000 (ONE MILLION DOLLARS) depending on the amount of marijuana. The maximum sentence for trafficking marijuana can be up to 30 years in prison.
Will I fail a drug test because of CBD?
Normal to high doses of legal CBD should not result in a failed drug test. Despite this, you need to know as much as you can about the type of CBD you are using to properly determine if you will pass a drug test.