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Cannabis DUI Laws in Georgia

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.

 

Offense

Fines

Jail Time

Community Service

Probation

Drivers License Suspension

First Offense

$300 to $1,000

10 days to 12 months

(mandatory minimum of 24 hours)

Mandatory minimum of 40 hours

12 months

NA

Second Offense

$600 to $1,000

90 days to 12 months

(mandatory minimum of 72 hours)

Mandatory minimum of 30 days

12 months

3 years

Third Offense

$1,000 to $5,000

120 days to 12 months

(mandatory minimum of 15 days)

Mandatory minimum of 30 days

12 months

five years

Fourth Offense (Felony)

$1,000 to $5,000

1 to 5 years

(mandatory minimum of ninety days)

Mandatory minimum of 60 days

12 months

10 years

 

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.

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