Category: Georgia

If you are pulled over by police while driving in Georgia, you first must use your turn signal and pull your car over to a safe location. Follow the officer’s instructions, stay calm, answer questions, and provide the requested documents.

 

In Georgia, Cannabis DUI is a serious offense, and the repercussions are severe. Furthermore, Georgia’s cannabis laws are restrictive compared to many other states. If you are driving with cannabis, knowing your rights under the law and being prepared is essential.

Georgia’s Cannabis Laws

 

You cannot grow, sell, or possess cannabis flower in Georgia. Any inhalation, vaping, or smoking of cannabis is illegal, and food products infused with THC are prohibited.

 

The only legal cannabis possession allowed is through Georgia’s medical cannabis program, which helps people with certain health conditions apply for a Low-THC Oil Registry Card. Registered Georgia medical cannabis patients are allowed to possess low-THC oil if they meet the following requirements:

• The maximum low-THC oil (less than 5% THC) allowed in a medical cannabis patient’s possession is 20 fluid ounces or less. The amount of CBD must be at least equal to THC.
• A registered cardholder or caregiver must have their registration card in their possession.
• The cardholder must store the low-THC oil in a labeled pharmaceutical container.

 

However, the law in Georgia is still evolving. Because Georgia has not yet issued dispensing or production licenses, there is no legal way for cardholders to purchase low-THC cannabis oil in Georgia. The result of this incomplete medical cannabis program is that cardholders are in a confusing grey area where they can legally possess, but not legally purchase, low-THC oil. Regardless of whether you have a medical cannabis card in Georgia, you can still get a cannabis DUI charge.

 

If Police Suspect Cannabis DUI in Georgia

 

Police will need probable cause to pull you over for driving under the influence of alcohol, cannabis, or other substances. Probable causes could include involvement in an accident, swerving, parking in the middle of the road, or disobeying traffic signs.

 

Implied consent is the concept under the law that by performing the act of driving, a driver automatically consents to a DUI inspection, including alcohol and THC testing. If a driver refuses a DUI inspection, it could be used against them in court if they are charged with a cannabis DUI.

 

Police inspection for DUI can involve multiple tests, including:

• Breathalyzer test for alcohol to determine blood alcohol content (BAC)
• Horizontal gaze nystagmus (HGN) test, which involves following a moving object with your eye where the officer checks for eye movement patterns that may indicate impairment
• Physical tests such as walking in a straight line or standing on one leg
• Blood, urine or saliva testing for alcohol, cannabis, or other drugs

 

Cannabis blood or urine tests seek THC or THC metabolites. Unlike alcohol, cannabis drug tests do not accurately predict the level of current impairment. Results depend on how long ago you consumed cannabis, how much cannabis you consumed, and individual differences in how fast cannabis passes through your system.

 

Georgia uses specially trained police officers called Drug Recognition Experts (DREs) to determine impairment, and sometimes officers will call a DRE to the scene. DREs complete a 240-hour training with the Georgia Public Safety Training Center. Their training teaches them to recognize impairment through physiological, mental, and physical evaluations.

 

Georgia police can conduct DUI checkpoints if they meet specific requirements. They must be approved in advance, clearly marked, and minimize traffic disruptions. Random checks are not allowed under the law, so police at a Georgia DUI checkpoint must check every driver that passes through.

How To Protect Against a Cannabis DUI Charge in Georgia

 

A cannabis DUI arrest or cannabis DUI charge in Georgia is expensive, and the laws are constantly changing. Cannabis DUI charges disproportionately impact people without the financial resources to defend themselves and access legal defense. That is why it is crucial to consume responsibly, know the facts, and have a proactive legal plan.

Cannabis consumers must understand their rights as drivers. You deserve quality representation in the event of facing cannabis DUI charges. At reepher, we help cover these and related costs.

A cannabis DUI in Georgia is a serious offense with severe consequences. If you are a cannabis consumer in Georgia, here is everything you need to know about cannabis DUI.

 

Cannabis Consumption in Georgia — Where the Law Stands Now

 

Georgia’s cannabis laws are extremely limiting compared to some other states. It is still illegal in Georgia to grow, sell, or possess cannabis in plant or flower form. Inhalation, vaping, or smoking cannabis is not permitted. Furthermore, the sale, production, or ingestion of food products infused with THC oil is prohibited.

 

Medical cannabis patients and caregivers in Georgia with specific health conditions can apply for a Low-THC Oil Registry Card with their physician. They are issued a card and allowed to possess low-THC oil for medicinal purposes if approved.

 

The following components must be present for lawful possession of low-THC oil in Georgia:

1. The total amount of low-THC oil must be 20 fluid ounces or less. Low THC oil is defined in Georgia as no more than 5% THC, and it must contain CBD in an amount at least equal to the THC.
2. The person has their Georgia medical cannabis registration card in possession. For patients under 18 years of age, a parent or guardian must possess a card designating them as the patient’s caregiver.
3. The low-THC oil must be in a pharmaceutical container labeled by the manufacturer that indicates the percentage of THC.

 

However, because no legal sales exist in Georgia, medical cannabis cardholders are left in limbo. Cannabis possession is decriminalized for qualified individuals, but the Georgia Access to Medical Cannabis Commission has yet to issue any dispensing or production licenses. Accordingly, there is no legal way to purchase low-THC oil in the state.

 

Furthermore, medical patients should know that a registry card doesn’t change Georgia cannabis DUI laws or penalties when it comes to driving.

 

Penalties and Repercussions of Cannabis DUI in Georgia

 

A cannabis DUI in Georgia is a serious offense with severe repercussions, including fines, jail time, community service, probation, driver’s license suspension, and more. Georgia has a zero-tolerance policy for drugged driving under the influence of cannabis, cannabis metabolites, or other controlled substances.

Fines include fees and assessments which can add 20% to 30% to the amount due. The court also requires DUI offenders to participate in a drug and alcohol risk-reduction program, which costs $175, plus an assessment fee of $75 to be paid by the offender.

 

For repeat offenders, penalties get more severe — and expensive. Starting with the second offense, a photo of the offender will be published in the local newspaper with their name and home address. A judge may also order an ignition interlock device installed on a repeat offender’s car. On the fourth offense, an offender’s vehicle is subject to seizure.

 

How To Protect Against a Cannabis DUI Charge in Georgia

 

A cannabis DUI arrest or cannabis DUI charge in Georgia is expensive, and the penalties are severe. Cannabis DUI charges disproportionately impact people without the financial resources to defend themselves and access legal defense. That is why it is crucial to consume responsibly, know the facts, and have a proactive legal plan.

 

Cannabis consumers must understand their rights as drivers. You deserve quality representation in the event of facing cannabis DUI charges. At reepher, we help cover these and related costs.

Given that Georgia has no minimum THC threshold for a cannabis DUI conviction, even medical cannabis consumers face severe risks if they drive without the slightest THC in their system. If you are a cannabis consumer concerned about potential DUI charges, consider what a reepher membership offers.

Although Georgians seem to be opening up to medical marijuana, this Southern state remains staunchly against recreational cannabis use. Barring any unforeseen “green revolution,” Georgia has strict guidelines against owning or using even one gram of weed. These strict marijuana laws go double for anyone who drives under the influence of cannabis. No matter how little THC you have in your bloodstream, Georgia police could charge you with a DUI.

Anyone who drives in Georgia must know the details of their state’s cannabis DUI laws. With this crucial info, you can better understand the risks of driving with THC in your body.

 

How Does Georgia Treat Cannabis-Related DUIs?

 

Georgia has a zero-tolerance policy for cannabis-related DUIs. This means there’s no minimum threshold of THC metabolites that’s “OK” in the Peach State. Unlike alcohol, Georgia police can charge drivers with a DUI if they have any detectable traces of THC.

By contrast, Georgia police define an alcohol-related DUI as an adult with a .08 percent BAC. Anyone younger than 21 with a .02 percent BAC could also face a DUI penalty.

There are no exceptions for patients who are using legal medical marijuana products. Even if you take THC for a medical condition, you will face a DUI charge if officers detect THC in your bloodstream.

All of Georgia’s DUI policies are spelled out in the state’s Motor Vehicle Code, Chapter 6, Article 15, § 40-6-391.

 

Is Cannabis Legal in Georgia?

 

Georgia has some of the nation’s toughest laws against THC-containing cannabis. Although advocates had moderate success legalizing medical marijuana for cancer patients in the 1980s, the state didn’t introduce full MMJ legislation till 2015. Under the Haleigh’s Hope Act (aka HB 1), patients with epilepsy could legally purchase low-THC cannabis oil from a registered dispensary. Since 2015, the state has expanded this law to include more qualifying conditions like PTSD, AIDS, and cancer.

Even if someone has a valid MMJ card, they can only order high-CBD oils with < 5 percent delta-9 THC. All of these cannabis products must come from a state-recognized dispensary and cannot exceed 20 oz of oil at a time. Georgia still doesn’t allow MMJ patients to cultivate cannabis at home.

As for recreational cannabis, Georgia still doesn’t allow it. People with less than one ounce of pot could face a misdemeanor charge, which carries a max fine of $1,000 and up to one year in prison. Residents with over one ounce of cannabis may have to deal with a felony charge, which carries a max fine of $5,000 and prison time as high as ten years.

However, a few large cities throughout Georgia have relaxed their stance on recreational weed in the late 2010s. For instance, Atlanta now treats marijuana possession under one ounce as a minor offense with a $75 fine. Savannah also reduced its penalty on less than one ounce of cannabis, but the fine here is $125.

Please note: Even though some of Georgia’s cities have decriminalized weed possession, that doesn’t mean weed is legal in these areas. The only difference is that penalties for petty pot possession aren’t as harsh for first-time offenders.

 

Do Georgia Drivers Have To Submit DUI Tests? 

 

GA’s Motor Vehicle Code Chapter 5, Article 3, § 40-5-55, states that everyone driving on Georgia’s roads has already agreed to take a chemical test. So, if an officer has reasonable suspicion you’re driving under the influence, they can legally request a blood, urine, or breath analysis. By law, you must comply with the officer’s request. If you don’t submit to a test, you will get your license suspended for up to one year. Your refusal to take a chemical test could also be used against you in a court of law.

Drivers in Georgia cannot ask for professional legal assistance before submitting to a chemical test. However, Georgia law allows drivers to request a second lab test from a registered physician or technician.

 

What’s The Penalty For A First-Time DUI In Georgia?

 

The penalties for a cannabis DUI are the same as an alcohol DUI. At a minimum, offenders could face a fine between $300 – $1,000 and jail time between 10 days to 12 months. Drivers found guilty of DUI will also have to attend a 20-hour drug safety course and perform 40 hours of community service.

First-time offenders also usually have to deal with a one-year suspension on their driver’s license. However, once people complete their drug education course, they can apply for license reinstatement.

Please remember these are the lowest possible issues for a first-time DUI offense. These penalties could be increased if a DUI crash involved minors, fatalities, property damage, or other similarly hazardous features.

 

What Happens After Multiple DUIs in Georgia? 

 

If a driver faces another DUI charge within ten years of their first conviction, they could face jail time of between 90 days – 12 months and a fine of $600 – $1,000. Second-time offenders may also lose their license for as much as three years and have to get an ignition interlock device. Like in first-time DUI cases, those found guilty of DUI for a second time must participate in drug education programs and community service. However, in this case, the required community service goes up to 30 days.

Georgians who get charged with a third DUI will be at risk of going to jail for between 120 days – 12 months and paying a fine of between $1,000 – $5,000. License revocation for third-time offenders increases to a max of five years. Community service and drug education programs also apply in this case.

Lastly, fourth-time DUI offenders are typically charged with a felony offense, which includes a permanent license suspension. Fines in these cases usually max out at $5,000, and jail time could be as long as five years.

 

Protect Yourself From DUIs In The Peach State! 

 

Despite Georgia’s recent foray into medical marijuana, this state shows no leniency to cannabis use or possession—especially when behind the wheel. Everyone who drives in Georgia has already tacitly agreed they won’t drive with THC in their bloodstream. Even if THC metabolites linger long after using state-recognized cannabis oils, drivers could have to deal with DUI penalties in the Peach State. Not only is a DUI charge stressful, it can wreck your finances and long-term job prospects. Drivers should always be mindful of the gravity of Georgia’s cannabis DUI statutes.

 

If you’re a cannabis consumer in the Peach State, consider what a reepher membership has to offer.