Is Weed Decriminalized in Atlanta? What Residents and Visitors Need to Know

If you live in Atlanta or you’re planning a visit, it’s natural to wonder: Is weed decriminalized in Atlanta?

The short answer: Atlanta has reduced penalties for possessing small amounts of marijuana under city law, but marijuana is not fully legal or decriminalized under Georgia state law. You can still be arrested, charged, and face consequences, especially outside Atlanta city limits.

Understanding this difference is critical if you live, work, or travel in and around Atlanta.

Weed Laws in Atlanta vs. Georgia: The Big Picture

Atlanta’s Local “Decriminalization” Policy

In 2017, the City of Atlanta changed its municipal code to reduce penalties for having a small amount of marijuana.

Under Atlanta city ordinance (within city limits):

• Possession of 1 ounce (28 grams) or less of marijuana is:
  • Treated as a city-level offense, not an automatic state misdemeanor
  • Punishable by a fine up to $75
  • No mandatory jail time under the city ordinance

This is why people often say weed is “decriminalized” in Atlanta. But that word can be misleading.

State Law Still Applies

Under Georgia state law, marijuana possession remains illegal:

• Possession of 1 ounce or less is a misdemeanor
• It can be punishable by:
  • Up to 1 year in jail
  • Fines up to $1,000
  • A criminal record

Police officers and prosecutors can choose to use the city ordinance or state law. The Atlanta ordinance does not erase or override state law; it just creates a less severe option for small possession cases within the city.

Where Atlanta’s Policy Applies (and Where It Doesn’t)

Inside Atlanta City Limits

The reduced-penalty ordinance applies only within the official boundaries of the City of Atlanta.

Examples of areas generally within city limits:

• Downtown, Midtown, Old Fourth Ward
• Buckhead (parts of it)
• West End, Southwest Atlanta
• Little Five Points, Inman Park, Grant Park (within the city boundaries)

If you’re stopped by Atlanta Police Department (APD) officers in the city and found with 1 ounce or less, they may:

• Charge you under the city ordinance (fine, no jail from city code)
• Or, in some situations, still pursue state charges

The ordinance strongly encourages use of the reduced penalty, but it does not guarantee it in every situation.

Outside Atlanta (Metro Area and Beyond)

Once you leave Atlanta city limits, you’re under:

• Georgia state law, and
• Any local ordinances of that specific city or county

For example:

• Sandy Springs, Marietta, College Park, Decatur, and other nearby cities may have different approaches
• Some metro cities have their own reduced-penalty ordinances
• Others follow state law strictly

If you’re stopped by:

• Georgia State Patrol
• County sheriffs’ offices (such as Fulton County Sheriff’s Office, DeKalb County Sheriff’s Office, Cobb County Sheriff’s Office)
• Other local departments outside Atlanta

…you should not assume Atlanta’s $75 fine policy applies.

What “Decriminalized” Really Means in Atlanta

The term “decriminalized” can be confusing. In Atlanta’s context, it means:

• Reduced penalties for possession of small amounts (1 ounce or less) under the city code
• Focus on fines instead of jail for these minor possession cases
• An effort to avoid severe consequences (like long jail stays) for low-level marijuana possession

It does not mean:

• Weed is legal
• You can buy, sell, or smoke openly without risk
• You’re protected from state-level charges or federal law
• Employers, schools, or landlords must ignore marijuana-related incidents

Think of it as Atlanta softening the penalty, not fully decriminalizing cannabis in the broad, legal sense.

How Police and Courts Typically Handle Marijuana in Atlanta

Law Enforcement in the City

In practice, within the City of Atlanta:

• Small possession (≤ 1 ounce):
  • Often treated as a ticket-style offense under the city ordinance
  • Usually leads to a citation and fine, not automatic arrest, when circumstances are limited to simple possession
• Larger amounts or other factors (e.g., distribution, weapons, DUI, outstanding warrants) can:
  • Lead to state charges
  • Result in arrest and prosecution under Georgia law

⚠️ Important:
Even for small amounts, officers have discretion. Behavior, location, and other circumstances can influence how a stop is handled.

Atlanta Municipal Court

If you’re cited under the city ordinance, your case typically goes to:

Atlanta Municipal Court
150 Garnett St SW
Atlanta, GA 30303
Main information line (commonly listed): (404) 658-6940

The court can:

• Process your citation
• Collect fines
• Provide information about court dates, payment options, and procedures

Always check your citation or paperwork for the exact court and contact information, as details can vary by case.

Public Use vs. Private Possession

Even in cities with reduced penalties, where and how you use marijuana matters.

Using Weed in Public Spaces

In Atlanta (and Georgia generally), you can still face legal trouble for:

• Smoking in public, including:
  • City streets and sidewalks
  • Parks and public plazas
  • Outside restaurants or venues
• Using marijuana in or near:
  • Schools
  • Federal buildings
  • Public transportation areas such as MARTA stations and buses

Public use can lead to:

• Marijuana-related charges
• Other citations (e.g., public disorder, loitering, etc.) depending on the situation

Private Property

Using marijuana on private property still carries risk, but:

• You’re less likely to be stopped simply for consumption
• You could still face consequences if:
  • Law enforcement is called for another reason
  • There are safety concerns, such as impaired driving or disturbances

Landlords, building management, and HOAs may have their own rules banning smoking or drug use, even in Atlanta.

Driving and DUI: Zero Tolerance for Impairment

Even with reduced penalties for small possession in Atlanta:

• Driving under the influence of marijuana is illegal across Georgia
• Officers can arrest you for DUI if they believe you’re impaired, regardless of:
  • How much you have
  • Whether you’re in Atlanta or elsewhere
• A DUI can lead to:
  • License suspension
  • Fines and possible jail time
  • Long-term consequences on employment, insurance, and records

If you have consumed marijuana, the safest choice is not to drive.

Medical Marijuana in Atlanta: What’s Allowed

Georgia has a limited medical cannabis program, which does affect some Atlanta residents.

Low THC Oil Program

Under Georgia’s medical cannabis rules:

• Qualifying patients can be registered to possess low THC oil (with very low levels of THC) for certain serious medical conditions
• Patients receive a Low THC Oil Registry Card

However:

• This program does not legalize smoking or recreational marijuana
• It’s narrowly tailored to specific types of low-THC medical products

For information, Atlanta-area residents can contact:

Georgia Department of Public Health – Low THC Oil Registry
2 Peachtree St NW
Atlanta, GA 30303
Main phone (central switchboard commonly listed): (404) 657-2700
Ask to be directed to information about the Low THC Oil Registry.

Cannabis and Federal Property in Atlanta

Marijuana remains illegal under federal law. That matters if you’re on or near:

• Federal courthouses (e.g., Richard B. Russell Federal Building)
• Hartsfield–Jackson Atlanta International Airport
• Federal offices and property around downtown and Midtown
• Certain federal parks or facilities

Possessing or using marijuana on federal property can lead to federal charges, even if you’re within Atlanta city limits.

How Atlanta’s Policy Affects Everyday Life

If you’re living in or visiting Atlanta:

• You’re less likely to face severe penalties for small personal possession within city limits
• You are not protected from:
  • State charges outside city limits
  • DUI enforcement
  • Consequences at work or school
  • Federal law on federal property

Common Real-World Scenarios

Here are some simplified examples to show how things may play out:

*Outcomes can vary by officer, department, prior history, and exact circumstances.

Who to Contact for Atlanta-Specific Legal or Policy Questions

If you want to better understand how marijuana-related cases are handled in Atlanta, you can start with:

Atlanta Police Department (APD) – Non-Emergency / General Info
226 Peachtree St SW
Atlanta, GA 30303
Non-emergency line often listed: (404) 658-6666
(For emergencies, always dial 911.)

Atlanta Municipal Court
150 Garnett St SW
Atlanta, GA 30303
Information line commonly listed: (404) 658-6940

For questions about your rights, charges, or records, many people in Atlanta choose to speak with a licensed Georgia attorney experienced in criminal or municipal law.

Key Takeaways for Atlanta Residents and Visitors

• Weed is not fully legal in Atlanta or anywhere in Georgia.
• The City of Atlanta has reduced penalties for possession of 1 ounce or less:
  • Typically a fine (up to $75) and no mandatory jail under the city ordinance.
• Georgia state law still treats marijuana possession as a crime, even in Atlanta.
• Once you leave Atlanta city limits, you’re likely under stricter enforcement unless that city has its own reduced penalties.
• Driving while impaired, using marijuana in public, or possessing it on federal property can still lead to serious consequences.

If you live in or travel through Atlanta, it helps to remember: the city’s policy makes penalties lighter for small possession, but it does not make weed fully decriminalized or risk-free.