Can a Felon Get a Medical Marijuana Card in Georgia?
Can a Felon Get a Medical Card in Georgia?
There's one very important thing that should be said about the program for growing low-THC oil in Georgia – its uniqueness. Unlike many other programs for growing medical marijuana, Georgia's medical cannabis program does not allow purchasing flowers, edibles, and other products. Only low-THC oil containing no more than 5% THC can be purchased legally according to the laws of Georgia. Thus, this is not a full-fledged medical marijuana program, but there's still something available for patients with certain health issues in Georgia.
However, there's good news for people with previous felony convictions since Georgia's laws allow persons with criminal convictions to receive registry cards for the purpose of purchasing low-THC oil. There are no severe requirements set forth by Georgia for patients, but the same cannot be said about the cannabis industry.
In this article, you will find information on how to apply for low-THC oil, the requirements set forth by Georgia for patients, and what you can do with such oil.
Georgia's Medical Cannabis Program: What It Actually Is
The Medical Marijuana program in Georgia came about via the Haleigh's Hope Act of 2015, which is named after Haleigh Cox, a Georgia child suffering from severe epilepsy. It was signed into law and can be found in the O.C.G.A. § 31-2A-18. It is overseen by the Georgia Department of Public Health.
This program was complemented by Georgia's Hope Act in 2019 (HB 324), and the Georgia Access to Medical Cannabis Commission (GMCC) was formed to regulate the manufacturing and distribution of low-THC oils.
Key program facts for 2025:
- Legal: Only low-THC cannabis with less than 5% THC concentration is legal.
- Possession limit: Patients can legally possess 20 fluid ounces of low-THC oil cannabis.
- Validity: Cards issued have a validity period of two years for patients and five years, according to some sources; it is best to verify with DPH regarding the validity periods.
- Registry: The registry is managed by Georgia DPH, while dispensaries are regulated by GMCC.
- Where to purchase: Products can only be purchased at licensed GMCC dispensaries or at independently licensed pharmacies by the Georgia Board of Pharmacy.
- Recreational use of marijuana is NOT legal in Georgia – it is one of the stricter Southern States in terms of recreational use.
- Growing marijuana at home is prohibited by law in Georgia.
- Out-of-state identification will not be accepted for purchasing – after 30 days of residing in Georgia, a card will be issued by Georgia.
- Flower, edibles, etc., are not included in the program.
Can a Felon Get a Low THC Oil Registry Card in Georgia?
Yes, and the Georgia regulations are clear on this point.
According to Georgia law, people who have been convicted of criminal offenses are eligible for registry cards. This is stated explicitly in the official guidelines for the program, and therefore a conviction for a felony offense doesn't automatically prevent someone from getting a patient card.
Low THC Oil Registry is all about the person's qualification for the use of cannabis-based medicine – his/her condition, doctor's certification, and residency. It does not matter at all what his/her criminal history looks like.
This is one of the very rare occasions when Georgia law is more lenient than those in other states.
Georgia's Unique Caregiver Restriction
And this is how Georgia is different from pretty much all the other states in America - it's vital to comprehend, especially if you're a parent or guardian of an eligible child.
Only the legal custodian or legal guardian of the patient can be considered a caregiver under Georgia's legislation. Designation of a person as a caregiver for someone who is not the patient's legal guardian is strictly prohibited. The restriction regarding caregivers in Georgia differs from those applied to the majority of other states that have legalized medical cannabis because anyone may become a caregiver in such states.
It implies that:
- You are unable to appoint a friend, relative, or even neighbor as a caregiver unless he/she is your legal guardian
- The role of caregivers is mainly relevant only for those adult patients who are legal guardians
- As far as minor patients are concerned, a parent or legal guardian of the minor will act as the caregiver and will apply together with the patient
Since only legal guardians may be caregivers rather than just trusted people, it goes without saying that the process of background check that is common practice in other states is not applicable in this case.
Felony Rules for Cannabis Industry Workers in Georgia
Although there are no felony-based restrictions on patients, those looking to get into employment at a licensed marijuana dispensary, production facility, or laboratory in Georgia will find themselves having to clear a very rigorous screening process.
In the context of Georgia's medical marijuana program, any individual found guilty of a felony involving drugs may not be employed by, or have a license issued to him/her, as well as participating in the business dealings of a licensee except where he/she has received a pardon or expungement.
For non-drug-related felonies, however, there is no such prohibition. In particular, any individual found guilty of a non-drug related felony may not be allowed to work as an employee of a licensee except that either the individual has: (i) received a pardon, restoration of civil rights, or expungement of the criminal record; or (ii)(A) The crime was committed more than ten years ago; and (B) At least five years have elapsed since he/she has been incarcerated.
Also, a dispensing licensee must have an obligation to guarantee that the individuals who work for the dispenser can prove that they have no conviction for any felony conviction in the past ten years, or the felony conviction in the past ten years has been expunged, or the individual has received a pardon, or civil rights have been restored.
In plain language, here is what this means for cannabis industry employment in Georgia:
Qualifying Medical Conditions in Georgia
Georgia has a specific list of conditions that qualify for marijuana use under medical prescriptions. As opposed to states like California and Delaware, Georgia does not have an unlimited list of conditions that are eligible for the use of medical marijuana. This is because there needs to be some form of legislation that will expand the list of conditions.
In the year 2015, when Georgia approved the use of low THC oil, only eight conditions were considered to be eligible. The number was increased to fifteen in May 2017 when six more conditions were added (AIDS, Alzheimer's disease, autism, epidermolysis bullosa, peripheral neuropathy, and Tourette's syndrome) using the Senate Bill 16. The number of qualifying conditions was again increased using the House Bill 65 in 2018 to add PTSD and intractable pain to the list of qualifying conditions.
As of 2025, qualifying conditions for adult patients (18 and older) include:
- Cancer (end stage or treatment producing wasting illness or recalcitrant nausea/vomiting)
- Amyotrophic Lateral Sclerosis (ALS)
- Seizure disorders related to epilepsy or trauma-related head injuries
- Multiple sclerosis
- Crohn's disease
- Mitochondrial disease
- Parkinson's disease
- Sickle cell disease
- Tourette's syndrome
- Autism spectrum disorder (for patients 18+ or severe autism in minors)
- Epidermolysis bullosa
- Alzheimer's disease
- AIDS
- Peripheral neuropathy
- PTSD resulting from direct exposure to or witnessing of trauma (patients 18+)
- Intractable pain
- Patient is in hospice care
The list of conditions for pediatric (under 18 years old) patients includes, but is not limited to, seizure disorder associated with either epilepsy or head injuries, severe autism, cancer (stage end), and sickle cell disease.
How to Apply for a Low THC Oil Registry Card in Georgia
In contrast to other states, where applications are submitted directly by patients, the physician submits the applications for Georgia patients using the DPH secure registry portal.
Here is the step-by-step process:
Step 1: Establish a Doctor-Patient Relationship
It is necessary to have a continuous bona fide relationship with a physician licensed to practice in Georgia (either an MD or a DO). These physicians should be fully licensed practitioners of medicine and actively providing treatment to the patient for the specified medical condition.
Step 2: Physician Evaluation and Certification
The physician determines your qualification for being under low-THC oil treatment and certifies you using the Low THC Oil Certification Form as well as a Waiver form. It should be noted that both forms require signing – the waiver needs to be notarized.
Step 3: Physician Submits to the DPH Registry
Patient details as well as those of the caregiver need to be entered into the Georgia DPH Low THC Oil Registry portal by your certifying physician only – not by the patient himself/herself.
Step 4: DPH Notification and Payment
Once your doctor provides your information, DPH officials will contact you to pay your bill. The cost is $30 per card as of May 2025 and cannot be paid using any health insurance coverage. Anyone using the secure payment website option will pay an additional processing fee of $3.75 for each card. You can use the secure payment site or a money order as a method of making the payment.
Step 5: Card Delivery
After successful payment of your bill, the card will be mailed through UPS. The Georgia Department of Public Health demands that someone receive the package. Once three attempts are made and no one signs for the package, it will be sent back to the department for further shipment. For cardholders who do not have permanent or safe addresses or anyone who uses a P.O. Box, DPH will send the card to the nearest health department.
Step 6: Purchase at a Licensed Dispensary or Pharmacy
By having an active registration card, you will be able to buy the low-THC oil products from the licensed GMCC dispensaries and independent pharmacies under the Board of Pharmacy license in the state of Georgia. It is mandatory to have the card on you whenever you have the low-THC oil.
Documents You Will Need
While your doctor takes care of most aspects of the registration process, you will have to supply your doctor with:
- Valid Georgia State ID or Driver's License proving that you reside in the state
- 12-month Georgia State Residency Certificate – only Georgia residents who have lived in Georgia for over 12 months are eligible
- Notarized Low THC Waiver form
- Doctor's letter certifying your condition
Important Restrictions Under Georgia Law
Some limitations exist in Georgia's medical cannabis program:
- Only low-THC oil is allowed – flower, edibles, concentrates, and other cannabis products are prohibited in Georgia
- Possession of up to 20 fluid ounces only – patients should never keep more than 20 fluid ounces of low-THC oil
- Growing cannabis plants is prohibited – growing cannabis plants in your backyard at home is forbidden in Georgia for all residents, including patients.
- Residency in Georgia for one year – the patient should live in Georgia for at least one year before registering
- No reciprocity for out-of-state patients – Georgia recognizes no out-of-state medical marijuana cards when purchasing marijuana; a new Georgia medical card must be obtained within 30 days of Georgia residency
- Low-THC oil should be in original containers – the oil needs to be kept in an original pharmaceutical container labeled with THC content.
Federal Law Still Applies
Despite having a legal Georgia Low THC Oil Registry Card, there have been no changes to federal regulations. Cannabis and low-THC oil remain a Schedule I controlled substance under the federal Controlled Substances Act. This point is particularly important for those who are on federal probation, live in federally supported housing, work at a federal agency, or serve in the military.
It is always wise to consult your lawyer or supervising official before applying for a low-THC oil registry card while being under federal supervision.
Georgia's Expungement Opportunity
The state of Georgia provides for measures by which individuals can remove certain convictions from their records. However, this measure does not happen automatically, but rather is dependent upon steps being taken by the individual concerned. Eligible individuals are entitled to apply to the court to expunge their records up to two misdemeanor convictions and nearly all offenses that have received a pardon, whether they are felonies or misdemeanors. For an individual to be eligible, he or she must have completed the sentence and have no subsequent convictions in the last four years.
Where one's conviction gets expunged, or a pardon is obtained, the old conviction cannot be considered a disqualifying offense regarding the cannabis industry.
Key Takeaways
- Felons can receive a Low THC Oil Registry Card in Georgia - according to Georgia's laws, individuals who have prior criminal records are eligible to receive patient registry cards.
- The program in Georgia allows only low-THC oil use - there is no flower, edibles, or any other product forms available, even if you are a registered patient.
- The physician files the application on your behalf, whereas in most other states, it is the responsibility of the patients to file an application at the DPH registry portal.
- In Georgia, caregivers need to be legal guardians - you cannot choose a caregiver based on trust, but only those who are legal custodians or legal guardians are eligible as caregivers.
- There are some strict requirements for individuals in the cannabis industry - having drug-related felonies is completely disallowed, while non-drug-related felonies beyond 10 years may allow for certain exceptions.
- A 12-month residency in Georgia is needed - recent residents will have to wait before applying.
- The application fee in Georgia is $30 (service fee included of $3.75).
Frequently Asked Questions (FAQs)
Can a convicted felon get a medical marijuana card in Georgia?
Yes. Georgia laws provide for registry cards even when a person has a prior conviction for crimes. Having a criminal background with respect to felonies is no barrier to becoming a patient in the program. The whole Low THC Oil Registry application process is geared towards qualifying conditions, physician certification, and residency within Georgia, irrespective of the criminal background.
What is Georgia's Low THC Oil Registry, and how is it different from a regular medical marijuana program?
Georgia laws are relatively restrictive compared to most of the states that have legalized medical marijuana. Georgia law only allows the use of low-THC oils that contain ≤5% THC under the Georgia Low THC Oil Registry maintained by the Georgia Department of Public Health under OCGA § 31-2A-18. Flowers, edibles, or any other type of marijuana products are prohibited by law.
How much does a Georgia Low THC Oil Registry Card cost?
The cost is $30 per card as of May 2025 and is not covered by health insurance. Those making payments using the payment portal will have to make an additional service charge of $3.75. Payments can be made online or through money orders. This represents one of the most affordable registration costs nationwide.
Can a felon work at a Georgia cannabis dispensary?
This will depend on the type of conviction. It is not possible for anyone with a felony conviction to work for an employer or to acquire a marijuana license if that conviction has neither been expunged nor pardoned. With regards to those with non-drug felonies, it is possible to be considered for employment if there has been a conviction more than 10 years ago, if someone has been out of jail for 5 years, and agrees to regular drug screenings.
Who can serve as a caregiver in Georgia's medical cannabis program?
Georgia's caregiver guidelines are the strictest among all states. For one, they should be either legal guardians or legal custodians of the patients eligible for medical marijuana treatment. Unlike what applies to other states, there's no possibility for Georgia's patients to designate non-guardians as their caregivers.
Can I use my out-of-state medical marijuana card in Georgia?
This can be done temporarily. In Georgia, you're allowed to utilize your out-of-state medical marijuana ID card only during your first 30 days of residency in Georgia. After 30 days, you'll need to get a medical cannabis card issued in Georgia if you wish to consume cannabis-based medicines in Georgia.