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Georgia expanded access to CBD for qualifying medical patients before hemp became federally legal, and since then, new laws have helped regulate hemp production and sales.
Is CBD legal in Georgia? Yes, CBD is legal in Georgia for all consumers, as long as it is derived from hemp and contains less than 0.3% THC.
If you’re looking to buy CBD oil in Georgia for conditions like anxiety or insomnia, you can find it in stores and online. However, you’ll need to understand Georgia hemp laws to ensure you're purchasing from a legal, high-quality source.
Here’s a breakdown of CBD and hemp regulations in Georgia.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Georgia?
Is full spectrum CBD legal in Georgia?
Are CBD flowers legal in Georgia?
Does Georgia have a CBD possession limit?
Who can prescribe CBD in Georgia?
Where to buy CBD in Georgia?
How old to buy CBD in Georgia?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Georgia's CBD laws have evolved since 2015, legalizing hemp-derived cannabinoids under the 2019 Georgia Hemp Farming Act, but restrictions remain on CBD in food, beverages, supplements, and smokable products, creating confusion for consumers and vendors.
Here are the details:
Georgia seemingly had a heads up on the CBD industry when the Haleigh’s Hope Act was passed in 2015. This bill removed legal restrictions on cannabis products containing less than 0.5% THC for patients with qualifying conditions, but it came with a few caveats. Although the bill aimed to expand access to medical CBD products, it failed to establish or regulate a means of production.
When the 2018 Farm Bill effectively legalized industrial hemp products across the country, Georgia’s laws at the time still banned all products containing even trace amounts of THC for general consumers. In 2019, the state passed HB 213 to change that.
This bill, known as the Georgia Hemp Farming Act, finally laid out the guidelines for a hemp pilot program in the state. All in all, the bill is similar to the hemp farming programs established in other states like Colorado and Arkansas. It legalized the production, manufacture, and sale of industrial hemp products. The bill also redefined hemp to match the federal definition, which includes hemp derivatives and cannabinoids, like CBD.
Although this bill legalized hemp-derived cannabinoids, the state has specifically banned the sale of CBD in food, beverages, dietary supplements, and animal feed, according to a press release from the Georgia Department of Agriculture. This type of prohibition on CBD food items isn’t uncommon, and California’sgovernment has issued similar declarations. Before allowing this type of product to be manufactured and sold, many states are awaiting FDA regulation on CBD-infused food products.
Additionally, Georgia has placed restrictions on smokable forms of industrial hemp products, like CBD hemp flower, for medical and general consumers. This legislation is akin to the ban on smokable CBD products in the neighboring state of Florida.
Despite these laws, many vendors are still marketing CBD food and dietary products even though they may be illegal. It’s unclear what the repercussions may be for violating Georgia’s CBD laws, but there are no laws against using hemp CBD products for consumers so long as they are derived from a legal source.
Although the state originally banned any product containing even trace amounts of THC, updated legislation now matches federal legislation regarding hemp-derived CBD products. Georgia has no laws restricting full spectrum CBD products that contain 0.3% THC or less.
Georgia has legalized the production of industrial hemp, but still maintains a ban on using smokable forms of CBD across the state. Other states, like Arkansas and Texas, have adopted this law.
To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are illegal in Georgia.
In Georgia, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
In Georgia, it is illegal to market CBD as a food, beverage, dietary supplement, or pet food product. It is known that vendors may still sell CBD across the state, but whether or not these products are legal is unclear.
Although the state has laid plans for the manufacture and production of industrial hemp products, the regulations in place are negligible. That means that CBD sold in the state of Georgia is likely either illegal or completely unregulated.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
The legal age to buy CBD in Georgia is unclear, with no statewide regulations in place. Access may vary by jurisdiction and seller, with many smoke shops requiring buyers to be 21 due to tobacco laws. However, many CBD brands allow customers 18 and older to order CBD products online and ship them to Georgia.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. Georgia does not prohibit the use of CBD for consumers, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
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