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.
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