Is Marijuana Legal in Atlanta, Georgia? What Residents and Visitors Need to Know

If you live in Atlanta or plan to visit, it’s important to understand how marijuana laws work here. Atlanta has taken some steps to reduce penalties, but marijuana is still illegal under Georgia state law and under federal law.

This guide breaks down what’s legal, what’s not, and how things actually work in Atlanta, Georgia specifically.

Quick Answer: Is Marijuana Legal in Atlanta?

No. Marijuana is not legal in Atlanta.

However:

• Atlanta’s city ordinance reduces penalties for small amounts of marijuana (1 ounce or less) within the City of Atlanta limits.
• Georgia state law still classifies marijuana as illegal, and state penalties can be much more serious.
• Medical marijuana in Georgia is limited to low-THC oil, and even then, the rules are strict.

That means your experience can depend on where you are in metro Atlanta, what agency stops you, and how much you have.

How Atlanta’s Marijuana Laws Work with Georgia State Law

City vs. State: Who’s in Charge?

Atlanta passed a decriminalization-style ordinance for small amounts of marijuana. But this does not legalize marijuana and does not override Georgia law.

Think of it this way:

• Local (City of Atlanta) law:
  • Focuses on reduced penalties for possession of 1 ounce or less.
• State of Georgia law:
  • Still treats marijuana as illegal, with misdemeanor and felony penalties depending on the amount and circumstances.

If an incident involves:

• Atlanta Police Department (APD) within city limits – the local ordinance may apply.
• Georgia State Patrol, county sheriffs, or other agencies – they may enforce state law, even inside Atlanta.

Atlanta’s Decriminalization of Small Amounts

What the Atlanta Ordinance Actually Does

Within the City of Atlanta, the local ordinance for possession of 1 ounce (28 grams) or less of marijuana generally allows:

• No mandatory jail time under the city ordinance
• A reduced fine (often cited as up to $75)

But important caveats:

• The ordinance applies to possession only, not selling, distributing, or growing.
• It applies to 1 ounce or less. Over that amount, you’re likely in state-level criminal territory.
• Officers may still charge under state law instead of the city ordinance in some situations.

So, while Atlanta is more lenient than many Georgia cities, you can still face arrest, a record, or state charges.

Georgia State Law on Marijuana (How It Affects You in Atlanta)

Even if you never leave Atlanta city limits, Georgia law still matters because city and state systems overlap.

Possession Under State Law

Under Georgia state law:

• Possession of 1 ounce or less
  • Classified as a misdemeanor
  • Potential for up to 1 year in jail and fines (often up to $1,000)
• Possession of more than 1 ounce
  • Typically a felony
  • Potential for longer jail/prison terms and higher fines

Judges sometimes use probation, diversion, or alternative programs, especially for first-time offenders, but outcomes vary.

Intent to Distribute, Selling, or Trafficking

If you’re caught with:

• Larger quantities
• Packaging materials
• Scales or other distribution indicators
• Statements or evidence suggesting sales

You could be charged with possession with intent to distribute or trafficking, which carry much harsher penalties, including felony charges and potential prison time.

Medical Marijuana in Atlanta: What’s Allowed in Georgia

Georgia allows limited medical use of low-THC oil, not traditional marijuana flower, edibles, or vaping products.

What Is “Low-THC Oil” in Georgia?

Under Georgia’s medical program:

• Low-THC oil means cannabis oil with up to 5% THC.
• Smoking or vaping marijuana is not permitted under the program.
• Possession of plant material, edibles, or high-THC products is still illegal.

Who Qualifies?

Georgia’s medical program is narrow and generally limited to residents with certain qualifying medical conditions, such as:

• Some seizure disorders
• Certain cancers
• Parkinson’s disease
• Multiple sclerosis
• Severe or end-stage illnesses on a specific list

To participate, a licensed Georgia physician must certify eligibility and enter the patient into the state registry.

Registry Card Requirement

To legally possess low-THC oil in Atlanta or anywhere in Georgia, an eligible patient needs a Georgia Low THC Oil Registry Card, issued by the Georgia Department of Public Health.

Without this card, possession of cannabis products is still illegal, even if used for medical reasons.

Public Use, Driving, and Other Common Situations in Atlanta

Can You Use Marijuana in Public in Atlanta?

No. Using marijuana in public in Atlanta is illegal. This includes:

• Parks like Piedmont Park, Grant Park, or Atlantic Station’s public areas
• Streets, sidewalks, and public transportation
• Bars, restaurants, and most private businesses

Public consumption can lead to charges for marijuana possession and related offenses, depending on the situation.

Marijuana and Driving (DUI in Georgia)

In Georgia, driving under the influence of marijuana is treated seriously.

You can be charged with DUI if:

• An officer believes your driving is impaired, and
• There’s evidence of marijuana use (admission, smell, tests, or physical signs)

Consequences may include:

• License suspension
• Fines and court costs
• Possible jail time
• Mandatory programs (such as DUI school)

This applies throughout Atlanta and the entire state.

What If You’re Just Visiting Atlanta?

If you are visiting from a state where recreational or medical marijuana is legal, keep in mind:

• Your home-state medical card is not recognized under Georgia’s program.
• Bringing marijuana or THC products into Georgia can lead to possession charges, even if they were purchased legally elsewhere.
• Federal law still considers marijuana illegal, which can matter in airports and on federal property.

Hartsfield-Jackson Atlanta International Airport is subject to a mix of local, state, and federal rules. Travelers found with marijuana could face anything from confiscation to arrest, depending on quantity and circumstances.

Where Metro Atlanta Differences Can Matter

“Atlanta” can mean different things:

• City of Atlanta (within city limits, under APD)
• Surrounding areas like Sandy Springs, Decatur, East Point, College Park, Marietta, and others

Each city or county may handle minor marijuana possession differently:

• Some have similar reduced-penalty ordinances.
• Others strictly follow state-level penalties.

If you’re stopped:

• The location (inside or outside City of Atlanta limits)
• The agency (APD, county police, sheriff, or state patrol)

can both affect how your case is handled.

Simple Overview: Marijuana Rules in Atlanta, Georgia

What To Do If You Have Questions or Legal Issues in Atlanta

Legal Information and Court Contacts

If you receive a citation or charge in Atlanta, the paperwork will usually list the court handling your case. Some key contacts:

• Municipal Court of Atlanta
  150 Garnett St SW
  Atlanta, GA 30303
  Phone: (404) 658-6940

Handles many city-level ordinance violations and some misdemeanor matters that occur within Atlanta city limits.

• Fulton County State Court
  185 Central Ave SW
  Atlanta, GA 30303
  Phone: (404) 613-5040

Often handles state misdemeanor cases, including some drug-related charges within Fulton County.

• Fulton County Superior Court
  185 Central Ave SW, Suite T-7000
  Atlanta, GA 30303
  Phone: (404) 612-4518

Handles felony cases, including more serious drug charges.

For issues in neighboring counties (DeKalb, Cobb, Clayton, Gwinnett), local state and superior courts will be involved instead.

General Legal Assistance

People in Atlanta often turn to:

• Public defender’s offices (if eligible)
• Local legal aid organizations
• Private criminal defense attorneys

for advice on marijuana charges, medical card questions, or past convictions. These professionals can explain how laws apply to your specific situation.

Key Takeaways for Atlanta Residents and Visitors

• Marijuana is not legal in Atlanta, even though penalties for small amounts are reduced in the city.
• Georgia’s state law still fully prohibits recreational marijuana and imposes misdemeanor and felony penalties.
• Medical use is limited to low-THC oil, and only for registered Georgia patients with a valid state-issued card.
• Public use, driving under the influence, and possessing larger amounts can quickly lead to serious legal consequences.
• If you live in or are visiting Atlanta, it’s safest to assume that any non-medical marijuana possession is illegal, and that rules may be enforced differently depending on where you are in the metro area and which agency you encounter.

Understanding these basics can help you navigate Atlanta and the broader Georgia legal landscape more confidently and avoid unintended trouble.