HB1248: HB1248 Georgia Cannabis Freedom and Integrity Act; enact

Georgia currently treats marijuana possession as a criminal offense under Title 16 of the Official Code of Georgia Annotated. House Bill 1248, called the Georgia Cannabis Freedom and Integrity Act, would create a legal, regulated cannabis market. Adults 21 and older could possess up to two ounces of cannabis and 10 grams of concentrate, and grow up to three mature plants at home. A new nine-member Georgia Cannabis Commission, with members appointed by the Governor, the House Speaker, and the Senate President, would license growers, processors, testing labs, and dispensaries, and would run a seed-to-sale tracking system. The bill sets a 15 percent excise tax on retail cannabis sales, split among substance abuse prevention programs, enforcement funding, a social equity fund for communities affected by past cannabis arrests, and the state's general fund. It keeps driving under the influence and public consumption illegal, requires child-resistant packaging, and lets counties pass their own ordinances punishing possession of two ounces or less with fines up to $1,000. It also rewrites the existing misdemeanor penalty in O.C.G.A. § 16-13-2 to cover two ounces instead of one.

• Legalizes possession of up to two ounces of cannabis and 10 grams of concentrate, and home cultivation of up to three mature plants, for adults 21 and older.
• Creates the Georgia Cannabis Commission, a nine-member independent state agency, to license and regulate cultivation, manufacturing, testing, and dispensary businesses.
• Imposes a 15 percent state excise tax on retail cannabis sales and splits the revenue among public health programs, enforcement funding, a social equity fund, and the state general fund.
• Expands Georgia's medical low THC oil program to cover a wider range of cannabis products for patients with a qualifying medical condition and a physician's recommendation.
• Keeps driving under the influence of cannabis and public consumption illegal, and requires child-resistant packaging with health warnings on cannabis products.
• Rewrites the existing misdemeanor penalty for marijuana possession in O.C.G.A. § 16-13-2 to apply to amounts up to two ounces, and lets counties pass local ordinances fining possession of two ounces or less up to $1,000.

Adults who use or want to use cannabis, prospective cannabis growers, processors, testers, and dispensary owners, medical cannabis patients and their caregivers, county governments deciding whether to adopt local possession ordinances, and state agencies including the Department of Public Health, Department of Revenue, and the new Georgia Cannabis Commission.

If enacted, adults could legally possess and grow limited amounts of cannabis and buy it from licensed dispensaries instead of facing criminal charges, while the state would collect new tax revenue for public health, enforcement, and communities affected by past cannabis arrests. Counties would also gain power to set their own local fines.

• Section 3 adds a new article to Title 16 defining cannabis, decriminalization, and legalization, and creates the Georgia Cannabis Commission (O.C.G.A. § 16-12-301) to license cultivation, manufacturing, testing, and dispensary businesses.
• Section 3 (O.C.G.A. § 16-12-303) allows adults 21 and older to possess up to two ounces of cannabis, 10 grams of concentrate, and grow up to three mature plants at home.
• Section 3 (O.C.G.A. § 16-12-305) sets a 15 percent state excise tax on retail cannabis sales, allocating 20 percent to public health programs, 10 percent to enforcement, 10 percent to a social equity fund, and 60 percent to the general fund.
• Section 3 (O.C.G.A. § 16-12-306) keeps impaired driving and public consumption illegal and requires child-resistant, non-minor-targeted packaging with health warnings.
• Section 4 revises O.C.G.A. § 16-13-2 so the misdemeanor penalty for marijuana possession (up to 12 months and a $1,000 fine) applies to amounts up to two ounces instead of one ounce.
• Section 5 adds a new subsection to O.C.G.A. § 36-1-20 letting county governments adopt ordinances fining possession of two ounces or less of marijuana up to $1,000, with proceeds 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 laws
• drug policy
• cannabis taxation
• local ordinances