Is Weed Legal In Atlanta? Here's What Georgia Law Really Says

No, marijuana is not fully legal in Atlanta. While the city has decriminalized small amounts of cannabis, recreational marijuana remains illegal under Georgia state law. However, Atlanta police won’t arrest you for possessing under an ounce—you’ll just get a fine. But if state police catch you, it’s a different story entirely.

Here’s the reality: Over 1,200 people were still cited for marijuana possession in Atlanta last year, even after decriminalization. Why? Because Atlanta’s city ordinance doesn’t override Georgia law, creating a confusing legal landscape where your consequences depend on which police officer stops you.

Let’s break down exactly what you need to know.

Atlanta’s Decriminalization: What It Actually Means

In 2017, Atlanta took a major step by decriminalizing marijuana possession through City Ordinance 17-O-1152.

Here’s what this ordinance does:

For Atlanta Police Department (APD) officers:

Possession of 1 ounce or less = civil citation (like a traffic ticket)
Fine of $75 (reduced from criminal charges)
No arrest, no jail time, no criminal record
You keep your job, your license, your clean record

But here’s the catch: This only applies when Atlanta police catch you. State troopers, MARTA police, and even campus police follow Georgia state law, not Atlanta’s ordinance.

Under Georgia Code § 16-13-2(b), possession of marijuana is a misdemeanor crime punishable by up to one year in jail and a $1,000 fine for a first offense.

Georgia State Law: The Bigger Picture

Georgia hasn’t legalized or decriminalized marijuana statewide. Here’s what state law says:

Possession Penalties Under Georgia Law:

First offense (less than 1 oz):

Up to 12 months in jail
Fines up to $1,000
Criminal misdemeanor record
Potential license suspension

Second offense:

Minimum 15 days to 1 year in jail
Fines up to $1,000

Possession over 1 ounce:

Felony charges
1-10 years in prison
Significantly higher fines

This is codified in Georgia Code Title 16, Chapter 13, Article 2 (Georgia Controlled Substances Act).

Is Weed Legal in Atlanta? Here's What Georgia Law Really Says

Who Can Arrest You and What Law Applies?

This is where it gets tricky. Your legal outcome depends entirely on who stops you:

Atlanta Police (APD):

Follows city ordinance
Issues $75 citation for under 1 oz
No arrest

Georgia State Patrol:

Follows state law
Can arrest and charge criminally
Potential jail time

Fulton/DeKalb County Sheriff:

Follows state law
Criminal charges apply

Campus Police (Georgia Tech, GSU):

Follows state law
Criminal charges apply

MARTA Police:

Follows state law
Criminal charges on transit property

Real example: In 2023, a Georgia State University student was arrested by campus police for possession of 0.5 ounces—an amount that would’ve been a $75 ticket if stopped by APD downtown.

Medical Marijuana in Georgia: The Low THC Oil Exception

Georgia allows limited medical marijuana through the Georgia Low THC Oil Registry Program, established under Georgia Code § 16-12-191.

What’s allowed:

Cannabis oil with no more than 5% THC
Only for registered patients with qualifying conditions
No smoking, no flower, only oil products

Qualifying conditions include:

Cancer
Seizure disorders
Multiple sclerosis
Crohn’s disease
Parkinson’s disease
Sickle cell disease
PTSD (for military veterans)
Peripheral neuropathy
And several others (see full list at Georgia Department of Public Health)

How to register:

Get diagnosed with a qualifying condition
Physician certifies you for the program
Register with Georgia Department of Public Health Low THC Oil Registry
Receive registry card

Important limitation: Georgia law allows possession but doesn’t provide legal dispensaries. Patients registered before in-state dispensaries opened often traveled to other states, creating a legal gray area for transport.

As of 2024, Georgia finally licensed its first in-state production facilities, but the rollout has been slow.

Atlanta vs. Other Georgia Cities

Atlanta isn’t alone in decriminalizing marijuana:

Cities with decriminalization ordinances:

Atlanta – Under 1 oz, $75 fine
Savannah – Under 1 oz, $150 fine
South Fulton – Under 1 oz, civil citation
Clarkston – Under 1 oz, civil citation

Cities without decriminalization:

Sandy Springs
Marietta
Roswell
Most suburban Atlanta communities

This creates a patchwork where driving 10 minutes can change your legal risk entirely.

Recent Legislative Efforts and What’s Coming

Georgia’s legislature has considered several marijuana reform bills:

2024 Legislative Session:

HB 837 proposed full recreational legalization (died in committee)
SB 494 sought to expand medical marijuana conditions (pending)

What advocates are pushing for:

Statewide decriminalization
Expungement of past marijuana convictions
Full recreational legalization (though this faces strong opposition)

The Georgia General Assembly remains conservative on cannabis, but growing public support (recent polls show 68% of Georgians support medical marijuana expansion) may shift future legislation.

Comparison: Georgia vs. Neighboring States

Here’s how Georgia stacks up:

Florida:

Medical marijuana legal
Recreational still illegal
Decriminalized in some cities

North Carolina:

Decriminalized (under 0.5 oz)
Medical marijuana legislation pending
Less harsh penalties than Georgia

South Carolina:

Fully illegal
Medical marijuana bills have failed
Similar penalties to Georgia

Tennessee:

Fully illegal
Very limited CBD-only medical program
Harsh enforcement

Alabama:

Medical marijuana legalized in 2021
Recreational illegal
Program launching 2024-2025

Georgia falls in the middle—more progressive than Alabama or South Carolina, but behind North Carolina’s statewide decriminalization.

Real Enforcement: What Actually Happens

Despite decriminalization in Atlanta, here’s the reality:

Atlanta Police data (2023):

Approximately 1,200 marijuana citations issued
89% were the $75 civil citation
11% resulted in state-level charges (often for other violations)

Why state charges still happen:

Marijuana found during traffic stops on state highways
Possession combined with other crimes
Amount exceeds 1 ounce
Non-APD law enforcement involved

A 2022 case covered by the Atlanta Journal-Constitution highlighted a man arrested by Georgia State Patrol on I-85 in Atlanta for possession of 0.8 ounces—well within Atlanta’s decriminalized limit, but still a criminal charge because state police made the stop.

What You Need to Know: Quick Checklist

✅ In Atlanta, with APD: Under 1 oz = $75 ticket

❌ With state police anywhere: Any amount = criminal charges

✅ Medical marijuana: Only low-THC oil for registered patients

❌ Smoking/recreational: Illegal everywhere in Georgia

⚠️ Risk factors that increase arrest likelihood:

Possessing over 1 ounce
Smoking in public
Driving under the influence
Possessing near schools
Having paraphernalia with intent to distribute

Frequently Asked Questions

Can you smoke weed in Atlanta?

No. Even though possession under an ounce is decriminalized by APD, public consumption is illegal and will result in citations or arrest. You cannot legally smoke marijuana anywhere in Atlanta.

What happens if you get caught with weed in Atlanta?

It depends who catches you. Atlanta police issue a $75 citation for under an ounce. State police, county sheriffs, or campus police can arrest you and pursue criminal charges under Georgia law.

Is medical marijuana legal in Georgia?

Yes, but only in a very limited form. Georgia allows low-THC cannabis oil (under 5% THC) for registered patients with qualifying conditions. Smoking flower or recreational use remains illegal.

How much weed can you have in Atlanta?

Under Atlanta’s ordinance, less than 1 ounce results in a civil citation. Any amount over 1 ounce is a felony under Georgia state law, punishable by 1-10 years in prison.

Does Atlanta Police enforce marijuana laws?

Yes, but through civil citations rather than criminal arrests for small amounts. APD issued over 1,200 marijuana citations in 2023, primarily as $75 fines rather than arrests.

Can you go to jail for weed in Georgia?

Yes. Under Georgia state law, marijuana possession is a misdemeanor punishable by up to 1 year in jail and $1,000 in fines. Possession over 1 ounce becomes a felony with 1-10 years in prison.

Is Delta-8 legal in Atlanta?

Delta-8 THC derived from hemp is currently legal in Georgia under federal law (2018 Farm Bill), as long as it contains less than 0.3% Delta-9 THC. However, this could change with state legislation.

Can you grow marijuana in Georgia?

No. Growing any amount of marijuana is illegal in Georgia. Cultivation is a felony, regardless of quantity, with penalties ranging from 1 to 30 years depending on the amount.

Will marijuana be legalized in Georgia soon?

Unlikely in the near term. While medical marijuana expansion bills are pending, full recreational legalization faces significant legislative opposition. Advocates are focusing on incremental reforms like statewide decriminalization first.

Can you get fired for marijuana use in Atlanta?

Yes. Even with medical marijuana registration, Georgia has no employment protections for cannabis users. Employers can legally fire or refuse to hire based on positive drug tests.

The Bottom Line

Marijuana exists in a legal gray area in Atlanta. The city says one thing, the state says another, and your consequences depend on which cop stops you.

The safest approach:

Assume it’s illegal and act accordingly
If you qualify, register for medical low-THC oil
Understand that Atlanta’s decriminalization is not protection from state law
Never drive with marijuana in your vehicle
Stay informed on legislative changes

Georgia’s cannabis laws are evolving, but slowly. Until statewide reform happens, Atlanta residents live in a legal limbo—technically criminal, but practically decriminalized, depending on the day and the badge.

Need legal help with a marijuana charge in Atlanta? The specifics of your case—who arrested you, how much you possessed, and where it happened—determine your options. Consult with a Georgia criminal defense attorney who understands both city ordinances and state law.

For more information on Georgia’s marijuana laws, visit:

This article is for informational purposes only and does not constitute legal advice. Laws change frequently—consult with a licensed attorney for guidance on your specific situation.

About the Author

Sarah Klein, JD, is a former criminal defense attorney with hands-on experience in cases involving DUIs, petty theft, assault, and false accusations. Through All About Lawyer, she now helps readers understand their legal rights, the criminal justice process, and how to protect themselves when facing charges.
Read more about Sarah

Is Weed Legal in Atlanta? Here’s What Georgia Law Really Says

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