HB 1248: Georgia Cannabis Freedom and Integrity Act; enact

Georgia currently treats marijuana possession as a crime, with only a narrow medical low-THC oil program allowed. This bill, called the Georgia Cannabis Freedom and Integrity Act, would create a full legal and regulated market. Adults 21 and older could possess up to two ounces of cannabis or 10 grams of concentrate and grow up to three plants at home. A new nine member Georgia Cannabis Commission, appointed by the Governor, House Speaker, and Senate President, would license cultivation, testing, and dispensary businesses, require lab testing for contaminants, track products from farm to sale, and expand medical access beyond the current low-THC oil law. A 15 percent excise tax would apply to retail cannabis sales, split between substance abuse prevention programs, tax enforcement, a social equity fund for communities affected by past cannabis arrests, and the state's general fund. The bill keeps driving under the influence and public consumption illegal, sets packaging and labeling rules, raises the misdemeanor possession threshold in current law from one ounce to two ounces, and lets counties adopt their own ordinances fining possession up to $1,000.

• Creates the Georgia Cannabis Commission, a nine member independent agency that licenses and regulates cannabis growers, processors, testing labs, and dispensaries.
• Legalizes possession of up to two ounces of cannabis and 10 grams of concentrate, plus home cultivation of up to three plants, for adults 21 and older.
• Imposes a 15 percent state excise tax on cannabis sales and splits the revenue among public health programs, enforcement, a social equity fund, and the general fund.
• Expands the existing medical low-THC oil program to cover a wider range of cannabis products recommended by a physician for a qualifying condition.
• Keeps driving under the influence of cannabis and public consumption illegal, and requires child-resistant packaging and warning labels on cannabis products.
• Raises the amount of marijuana treated as a misdemeanor under current law (O.C.G.A. § 16-13-2) from one ounce to two ounces and lets counties fine possession of two ounces or less.

Adults who use or want to legally grow cannabis, entrepreneurs seeking cannabis business licenses, patients using medical low-THC products, county governments deciding whether to adopt local possession ordinances, law enforcement handling DUI and possession cases, and state agencies including the Department of Public Health and Department of Revenue.

If enacted, Georgians could legally buy, grow, and use cannabis for the first time, while the state would collect new tax revenue for treatment programs and public services. Counties would still be able to fine possession locally, and driving or using cannabis in public would remain illegal, so enforcement rules would shift rather than disappear.

• Section 3 adds a new Article 11 to Title 16 defining cannabis, decriminalization, industrial hemp, and legalization, and creating the Georgia Cannabis Commission (O.C.G.A. § 16-12-300 through 16-12-306).
• Section 3 (16-12-302) sets the commission's composition: three Governor appointees from the cannabis industry, three House members, and three Senate members, each serving three-year terms with initial appointments due by August 1, 2026.
• Section 3 (16-12-303) legalizes possession of up to two ounces of cannabis, 10 grams of concentrate, and cultivation of up to three plants for adults 21 and older.
• Section 3 (16-12-305) sets a 15 percent excise tax on retail cannabis sales, allocating 20 percent to public health, 10 percent to Department of Revenue enforcement, 10 percent to a social equity fund, and 60 percent to the general fund.
• Section 3 (16-12-306) keeps cannabis-impaired driving and public consumption illegal and requires child-resistant, clearly labeled packaging that does not appeal to minors.
• Section 4 amends O.C.G.A. § 16-13-2 to raise the misdemeanor possession threshold from one ounce to two ounces, punishable by up to 12 months confinement or a $1,000 fine.
• Section 5 amends O.C.G.A. § 36-1-20 to let counties adopt ordinances fining possession of two ounces or less, up to $1,000, with revenue kept by the county.

1. 2026-02-11House Second Readers (House)
2. 2026-02-10House First Readers (House)
3. 2026-02-09House Hopper (House)

• Derrick Jackson (D, HD-068)Primary sponsor
• Eric Bell (D, HD-075)
• Billy Mitchell (D, HD-088)
• Jasmine Clark (D, HD-108)
• Samuel Park (D, HD-107)

• cannabis legalization
• marijuana policy
• drug decriminalization
• cannabis taxation
• county ordinances