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Attorney Christopher T. Adams

Trusted Attorney Providing Knowledgeable And Dedicated Representation

Is medical use a defense to Georgia marijuana charges?

The federal government has included marijuana on its Schedule I list of drugs for decades. The Schedule I designation for marijuana means that the government does not recognize any medical use for marijuana and that it is a substance that poses a high risk of abuse.

Despite that classification, a majority of states in the country have now established medical marijuana programs that allow people to legally access marijuana products. There is evidence that it could help provide support or even be an alternative treatment option for conditions ranging from intractable epilepsy to cancers that don’t respond to traditional treatment. Yet, not every state recognizes the potential medical value in every variant of this substance.

Standard marijuana isn’t medical marijuana in Georgia

Some states allow people to use any type of marijuana as a medical treatment, but Georgia does not. While there have been cases in other states where individuals who did not formally participate in medical marijuana programs raised credible claims of medical use, that would usually not be an option in Georgia.

The law for the medical marijuana program only applies to products that are high in cannabidiol (CBD) and have low or no Delta-9-tetrahydrocannabinol (THC). The average marijuana product will have enough THC in it to violate the medical marijuana statute in Georgia. Additionally, the state requires prior registration for someone to legally possess low-THC marijuana products.

Just because a medical claim isn’t possible doesn’t mean that a guilty plea is the only option. Learning more about Georgia’s drug laws can help people plan a reasonable defense strategy if they are charged with wrongdoing.


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