Key Points:

• Senate Bill 220, the bipartisan "Putting Georgia's Patients First Act," would eliminate Georgia's 5% THC cap in favor of a 12,000-milligram possession limit and otherwise transform what has been the nation's most restrictive medical cannabis program.
• Senate Bill 33, the "Georgia Hemp Farming Act," would ban synthetic hemp products such as HHC by 2027 while leaving delta-8 THC products on the market.
• Gov. Brian Kemp has until mid-May 2026 to sign or veto these measures.

Recently passed legislation now awaiting Gov. Brian Kemp’s signature could fundamentally reshape the medical cannabis and hemp industries in Georgia.

This is what it means for patients, business and the industry.

Medical Cannabis

Georgia's medical cannabis program, administered by the Georgia Access to Medical Cannabis Commission, currently serves approximately 34,500 registered patients and 2,200 registered caregivers. Among the 42 states with medical marijuana programs, Georgia has the lowest adoption rate. The state has six licensed cultivators, including four Class 2 licenses issued in November 2023, and products are distributed through 16 vertically integrated dispensary-pharmacies and independent pharmacies.

Senate Bill 220: The "Putting Georgia's Patients First Act"

The most significant piece of legislation to emerge from Georgia’s 2026 legislative session is Senate Bill 220, a bipartisan measure sponsored by Senator Matt Brass (R-Newnan). The bill, which received final legislative approval with overwhelming margins — passing the Senate 38–14 and the House 144–21 — now sits on the governor’s desk. The breadth of its bipartisan support signals broad legislative consensus that Georgia's medical cannabis program, long considered one of the most restrictive in the nation, is overdue for reform.

Key Provisions:

• Elimination of the THC Percentage Cap and Shift to a Dosage-Based Model. Under current law, Georgia imposes a 5% THC concentration limit on medical cannabis products. SB 220 would eliminate that cap entirely and establish a 12,000-milligram possession limit that sponsors say better reflects medical prescribing practices. Rather than regulating the potency of a product on the shelf, the law would focus on how much active THC a patient may possess, giving physicians and pharmacists greater flexibility to tailor treatment to individual needs.
• Rebranding to "Medical Cannabis." The bill would officially retire the term "Low THC Oil" in favor of "Medical Cannabis" throughout the Georgia Code, including in the patient registry, all licensing provisions and the Georgia Controlled Substances Act. This change reflects the expanded scope of the program and aligns Georgia's terminology with the language used in other states' medical programs.
• Restructured Criminal Penalties. SB 220 overhauls the penalty structure for medical cannabis possession. Under the bill, a registered patient who possesses products containing a cumulative total of 12,000 milligrams or less of THC — in properly labeled pharmaceutical containers — is acting lawfully. A registered patient who possesses within those limits but without complying with registration requirements (such as carrying a valid card) faces a misdemeanor. Possession exceeding the 12,000-milligram threshold would subject a person to the penalties already set forth in the Georgia Controlled Substances Act. SB 220 eliminates the existing tiered trafficking provisions that are based on fluid-ounce quantities of low THC oil, which carried mandatory minimum sentences of up to 20 years.
• Vaporization Authorized for Patients 21 and Older. For the first time, patients aged 21 and older would be permitted to vaporize medical cannabis. While raw cannabis flower remains prohibited, leaf marijuana for home vaporization would be authorized, adding a new delivery method alongside the currently available oils, tinctures, transdermal patches, lotions and capsules.
• Expanded Qualifying Conditions. Lupus would be added to the list of eligible conditions. SB 220 removes language requiring ailments to be terminal or late stage for patients to qualify. This could dramatically increase the patient population eligible to participate in Georgia's program.
• Out-of-State Reciprocity. SB 220 would allow registered medical cannabis patients from other states to be recognized in Georgia, a provision that addresses a practical concern for patients traveling through or relocating to the state.
• Physician Residency Requirement. The bill would require treating physicians to maintain their principal practice of medicine in Georgia. This safeguard is designed to preserve the integrity of the patient-physician relationship and prevent out-of-state "telehealth mills" from dominating the prescribing landscape.

SB 220 incorporates recommendations from a House "Blue Ribbon" study committee that examined the medical cannabis program during the summer and fall of 2025.

Despite its strong legislative support, SB 220 is controversial. A group of medical professionals has publicly urged Governor Kemp to veto the bill, citing concerns that increased THC potency could lead to addiction, psychosis and cognitive impairment. Supporters counter that the legislation strengthens physician oversight and emphasizes precise dosing over arbitrary concentration limits. If SB 220 is signed into law, the removal of THC caps, expanded qualifying conditions and new delivery methods could significantly increase patient enrollment and product availability in Georgia.

Synthetic Hemp

A significant backdrop to the state-level debate is the federal restriction expected to take effect in November 2026, which would limit hemp products to 0.4 milligrams of total THC per container. The threshold is so low it would effectively amount to a ban on most commercially viable hemp products. Cannabis companies and retailers are actively lobbying Congress for relief from this impending restriction.

The combination of state and federal regulatory uncertainty makes the current moment particularly precarious for hemp businesses operating in Georgia and nationwide.

Senate Bill 33: “Georgia Hemp Farming Act”

Senator Kay Kirkpatrick (R-Marietta) sponsored SB 33, which would ban synthetic hemp products, or those products that cannot be naturally produced by the hemp plant, by 2027. Importantly, delta-8 THC, commonly found in gummies sold across the state, would not be banned under this bill; instead, the legislation targets synthetics such as HHC. Some business owners have warned that the measure could cut revenue by 20% and force local shops to close. The bill passed the House and Senate and was sent to the governor on April 2, 2026.

Hemp Beverage THC Limits

A separate bill by Senator Bill Cowsert (R-Athens) will lower the delta-9 THC limit in hemp beverages from 10 milligrams to 5 milligrams per serving and restricted sales to liquor stores. The bill passed the House and Senate and was sent to the governor on April 2, 2026.

Recreational Cannabis

Recreational marijuana remains illegal in Georgia. A bill introduced this session, HB 1248, would have allowed adults 21 and older to possess up to two ounces of cannabis and cultivate up to three plants for personal use, but it did not advance. This outcome persists despite public polling showing that two-thirds of Georgians believe cannabis possession should be legal. Under current law, first-offense possession of an ounce or less still carries a maximum penalty of up to one year of imprisonment and more than 7,500 Georgians are arrested annually for marijuana possession.

Takeaways

The 2026 session represents a potentially transformative moment for Georgia's medical cannabis landscape. If the governor signs SB 220, Georgia's program would shift from one of the most restrictive in the nation to one more closely aligned with the 41 other states that have medical cannabis programs. On the hemp side, the future remains uncertain both at the state level — depending on the fate of SB 33 — and at the federal level, where the impending November 2026 THC restriction could dramatically reshape the industry.

Gov. Kemp's 40-day signing window following the session's close April 2, 2026 (known as “Sine Die”), means final decisions on these bills should be expected by mid-May 2026. We will continue to monitor these developments and provide updates.

For more information, please contact Kristy Caron at 404.881.5942 or kcaron@foxrothschild.com or another member of the firm’s national Cannabis Law Practice Group.

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the author(s) and not necessarily this law firm or its clients. Prior results do not guarantee a similar outcome.