Georgia passes new laws regulating hemp and medical cannabis

On Monday, May 11, 2026, Governor Kemp signed Georgia SB 33, the Georgia Hemp Farming Act, into effect. The law prohibits the sale and distribution of all products with a total THC or other intoxicating cannabinoid concentration exceeding 0.3%. “Intoxicating cannabinoids” is defined to include “THC and any isomers, derivatives, salts, salts of isomers, analogues, halogen analogues, or homologues of THC.” The law comes in the wake of major federal reform of the hemp industry. As of November 2026, the federal definition of hemp will exclude all hemp products that exceed 0.3% THC. These federal and state reform actions will effectively ban most commercially viable hemp-derived THC products, leaving Georgia’s more than 4,000 hemp stores in considerable uncertainty. 

On Tuesday, May 12, 2026, Governor Kemp also signed Georgia SB 220, the Putting Georgia’s Patients First Act, into law. The law takes effect January 1, 2027, and will significantly expand Georgia’s medical cannabis program in favor of medical cannabis users. Georgia’s existing regulatory structure limiting medical cannabis use to “low THC oil,” defined as cannabidiols with a weight of not more than 5% THC, was abandoned in favor of a dosage-based model that limits “medical cannabis” to the use and possession of all products containing less than 12,000 milligrams of THC. 

SB 220 also regulates the method of ingesting medical cannabis for registered patients. For example, smoking or combustion of medical cannabis is prohibited, but ingestion through vaporization is permitted. Further, the law expands the acceptable physical health conditions permitting the use of medical cannabis. Advertising of medical cannabis is similarly expanded. Under current regulations, authorized advertisers, meaning businesses and business owners with a valid license to dispense medical cannabis, may only advertise medical cannabis directly to physicians. This new law permits advertisers to market medical cannabis to all healthcare providers. Advertisers will now also be allowed to advertise directly to registered patients about the legal and safe uses of medical cannabis. However, advertisers are prohibited from making medical claims, making false or misleading claims, or marketing to individuals under age 21. 

These state law changes come as the cannabis industry is already grappling with the impact of federal rescheduling of marijuana and the impending changes to the federal definition of hemp. Cannabis companies and ancillary service providers may want to consider how recent legislative and regulatory developments will impact their businesses in Georgia and throughout the country. 
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