Georgia.

Information provided is current as of December 21, 2025, and companies are encouraged to consult with legal counsel on these types of complex matters.

Georgia - State Specific Information

Medical Cannabis in Georgia: The Haleigh's Hope Act

Georgia legalized medical cannabis in 2015 through the passage of Haleigh's Hope Act (HB 1), named after Haleigh Cox, a young girl with severe epilepsy whose family advocated for access to cannabis-based treatments. This landmark legislation marked Georgia's first step toward providing relief for patients with qualifying medical conditions.

What the Law Allows

Under Georgia law, registered patients with qualifying medical conditions may possess up to 20 fluid ounces of low-THC oil purchased from a licensed dispensary. It's important to note that this is significantly more restrictive than medical marijuana programs in many other states:

• Only low-THC oil is permitted (not flower, edibles, or other cannabis products)
• Products must be purchased from state-licensed dispensaries
• Patients must be registered through the state program
• A valid medical marijuana card is required

Strict Prohibitions Remain in Place

Even for registered medical cannabis patients, Georgia maintains strict limitations:

• Public consumption is prohibited – Patients may not use low-THC oil in public spaces
• Vehicle possession restrictions – Possession of cannabis products in vehicles remains strictly prohibited
• Recreational use is not legal – There are no provisions for recreational cannabis use in Georgia

Georgia Access to Medical Cannabis Commission (GAMCC)

The Georgia Access to Medical Cannabis Commission (GAMCC) serves as the state's primary regulatory agency overseeing the medical cannabis program. This commission is responsible for:

• Licensing dispensaries and production facilities
• Establishing regulations for low-THC oil production and distribution
• Maintaining the patient registry
• Ensuring compliance with state law

Patients and employers seeking official guidance should consult the GAMCC for the most current information regarding licensing, registration, and compliance requirements.

Employer Drug Testing Policies in Georgia

Georgia provides employers with considerable latitude when it comes to workplace drug testing and maintaining drug-free environments. However, this flexibility comes with specific obligations that employers must follow.

Types of Drug Testing Permitted

Georgia law allows employers to conduct various types of drug tests, including:

• Pre-employment testing – Screening candidates before hiring
• Random testing – Unannounced testing of current employees
• Reasonable suspicion testing – Testing based on observable signs of impairment
• Post-accident testing – Testing following workplace incidents

Employer Requirements and Obligations

While employers have broad authority to test for drugs, they must adhere to specific requirements:

1. Written policies – Employers must establish and maintain written drug testing policies
2. Employee notice – Workers must be informed about testing procedures and policies
3. Specific procedures – Testing must follow established protocols
4. Protection of employee rights – Certain safeguards must be in place for employees

Medical Marijuana Cards and Employment

A critical point for both employers and employees: Georgia employers can take adverse actions against employees who test positive for marijuana, even if the employee holds a valid medical marijuana card. This means that:

• Employers may maintain drug-free workplace policies that prohibit marijuana use
• A positive drug test can result in termination or other disciplinary action
• Medical cannabis registration does not provide employment protection

Key Takeaway: Establishing robust documentation is a crucial risk mitigant for employers in Georgia. Clear policies, consistent enforcement, and thorough record-keeping help protect organizations from potential legal challenges.

Safety-Sensitive Positions: Special Considerations

Georgia law recognizes that certain positions carry heightened risks when it comes to impairment in the workplace.

Definition of Safety-Sensitive Positions

Georgia defines safety-sensitive positions as those where impairment could lead to serious injury or death. Examples include:

• Operating heavy equipment or machinery
• Performing life-threatening medical procedures
• Working in hazardous environments
• Positions involving public safety

Employers with safety-sensitive positions may implement more stringent drug testing protocols and are generally afforded greater discretion in enforcing zero-tolerance policies for these roles.

Privacy Protections for Drug Test Results

While Georgia supports employer drug testing, the state also mandates strong privacy protections for test results.

Confidentiality Requirements

Georgia law establishes strict confidentiality requirements for drug test results:

• Limited access – Only specific individuals may access test results
• Restricted disclosure – Results cannot be shared broadly within an organization
• Criminal proceeding protection – Drug test results generally cannot be used in criminal proceedings

These protections help balance employer interests in maintaining safe, drug-free workplaces with employee privacy rights.

Best Practices for Georgia Employers

Given the complexity of Georgia's cannabis laws and workplace drug testing regulations, employers should consider the following best practices:

Policy Development

• Draft comprehensive, written drug testing policies
• Clearly define what constitutes a violation and potential consequences
• Specify which positions are considered safety-sensitive
• Outline testing procedures and employee rights

Communication and Training

• Ensure all employees receive copies of drug testing policies
• Provide training for supervisors on recognizing signs of impairment
• Establish clear protocols for reasonable suspicion testing
• Document all policy communications and acknowledgments

Legal Compliance

• Consult with legal counsel to ensure policies comply with current law
• Stay informed about changes to Georgia cannabis legislation
• Review and update policies regularly
• Maintain thorough documentation of all testing and related actions

Looking Ahead: The Future of Cannabis in Georgia

As of December 2025, Georgia's cannabis laws remain among the more restrictive in the nation. Recreational use shows no immediate signs of legalization, and the medical program continues to be limited to low-THC oil products.

Employers, employees, and patients should stay informed about potential legislative changes and consult with legal professionals when navigating these complex matters. The landscape of cannabis law continues to evolve across the country, and Georgia may see modifications to its current framework in the years ahead.

Conclusion

Georgia's approach to cannabis regulation reflects a cautious stance that prioritizes workplace safety and employer rights while providing limited medical access for qualifying patients. Understanding the interplay between the state's medical cannabis program, employer drug testing authority, and privacy protections is essential for compliance.

Whether you're an employer developing workplace policies, a patient seeking treatment options, or an employee understanding your rights, staying informed about Georgia's current laws will help you navigate this complex regulatory environment successfully.