Georgia

Equity Project State Briefing

Social Equity

Social Equity Definition / Criteria

Georgia does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Social Equity Provisions

Georgia does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Fee Waivers and Reductions

  • Fee Waivers / Reductions:
No

Georgia does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Financial Support for Social Equity Applicants and Licensees

Georgia does not offer state level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

License Priorities and Set Asides

  • License Priorities / Set Asides:
No

Georgia does not offer state level licensing priority or set asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Licensing Provisions

License Caps

  • License Caps:
Yes

Georgia is a limited license state and has medical use licensing caps. The commission  is only authorized to issue two (2) Class 1 licenses (allows growth and manufacturing) and up to four (4) Class 2 production licenses. The commission  is only authorized to issue five dispensing licenses to each Class 1 production licensee and each Class 2 production licensee for retail outlets to dispense low THC oil and products to registered patients. The commission is authorized to issue one additional dispensing license to each Class 1 and Class 2 production licensee when the Low THC Oil Patient Registry reaches 25,000 patients and for every increase of 10,000 patients thereafter.  Georgia does not allow for local municipalities to completely opt out of participating in the medical cannabis industry, however  local governments may, via use of existing zoning powers otherwise provided by law, create strong limitations on the location and amount of cannabis businesses within their jurisdiction.

Source:

Ga. Code Ann. § 16-12-206. . Subsection (a)(2)
Ga. Code Ann. §16-12-215. Subsection (a)

Application Selection Process

  • Selection System:
Merit

Georgia distributes medical cannabis licenses through a merit system.

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
No

Georgia’s medical framework disqualifies applicants for cannabis licensure on the basis of certain convictions. In Georgia, no individual convicted of a drug related felony shall be eligible to work as an employee, hold a cannabis license of or otherwise participate in the business activities of a licensee conducted pursuant to this part unless the conviction has been expunged or the individual has been pardoned. Additionally, no individual convicted of a non-drug related felony shall be eligible to work as an employee of a licensee unless: (1) The conviction has been expunged or the individual has been pardoned or had his or her civil rights restored; or (2)(A) The date of conviction is greater than ten years old; and (B) The individual: (i) Has been released from incarceration for at least five years; or (ii) Agrees to submit to weekly drug screenings.

Source:

Ga. Code Ann. §16-12-219. Subsection (a) and (b)

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
No

See above.

Availability of Expungements

  • Expungements:
Yes, Not Automatic

Georgia offers record cleaning remedies for certain cannabis convictions, however this process is not automatic and requires action from the individual. Qualified individuals may ask the court to expunge up to two misdemeanor convictions and almost any offense (felony or misdemeanor) that has been pardoned. To be eligible, individuals must complete the terms of their sentence and have no new convictions within the four years prior to filing a petition.

Source:

Ga. Code Ann. §35-3-37. Subsection(j) (4)(A)