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In 2025, news about federal cannabis rescheduling sparked widespread confusion across the country. Many people began asking whether marijuana was finally legal, especially in states where possession has long been criminalized. In Georgia, this question has been particularly important for residents in the Savannah area who want to understand how federal changes affect state enforcement.
The short answer is no. Marijuana is not legal in Georgia for recreational use, even after federal cannabis rescheduling efforts. While federal policy shifts may signal changing attitudes toward marijuana, Georgia law continues to treat possession and distribution as criminal offenses. At The Ozer Law firm, our Georgia drug defense attorneys can help you understand the difference between federal and state law. Keeping up with the ever evolving legal landscape is critical, especially if you are facing drug charges or want to avoid serious legal consequences.
In 2025, federal regulators took steps toward rescheduling marijuana under the Controlled Substances Act. For decades, cannabis had been classified as a Schedule I substance, placing it in the same category as heroin and LSD. Schedule I drugs are defined as having no accepted medical use and a high potential for abuse.
Federal agencies announced plans to move marijuana to a lower schedule, reflecting evolving views on its medical use and risk profile. However, rescheduling does not mean legalization, and it does not automatically change state criminal laws.
Under the proposed changes, marijuana would move from Schedule I to Schedule III. Schedule III substances are still controlled drugs but are considered to have accepted medical uses and lower abuse potential than Schedule I or II substances.
This shift primarily affects federal enforcement priorities, medical research, and certain federal penalties. It does not eliminate criminal consequences, and it does not prevent states from enforcing their own marijuana laws. In Georgia, state statutes continue to control whether marijuana possession is legal or illegal.
Despite federal rescheduling efforts, Georgia has not legalized recreational marijuana. Possession, sale, cultivation, and distribution remain illegal under state law. Law enforcement agencies across Georgia, including in Savannah and Chatham County, continue to arrest and charge individuals for marijuana offenses.
Georgia has not adopted the recreational legalization models seen in states like Florida’s neighbors or those in the western United States. As a result, individuals caught with marijuana can still face arrest, criminal charges, and long term consequences.
Georgia does allow limited medical marijuana use, but the program is narrow and strictly regulated. Medical marijuana in Georgia is restricted to low-THC oil, and only certain qualifying medical conditions are eligible.
Patients must be registered with the state and carry documentation proving lawful participation in the program. Smoking marijuana, possessing flower, or using products with higher THC content remains illegal, even for registered patients.
Georgia’s low-THC oil program allows registered patients to possess oil containing no more than 5 percent THC. There are also limits on how much oil a patient may possess at one time.
Important limitations include:
Violating any part of the program can still result in criminal charges, which is why understanding the boundaries of medical marijuana law is essential.
Marijuana possession penalties in Georgia remain among the strictest in the region. Even small amounts can lead to arrest, prosecution, and a permanent criminal record.
Georgia law draws a clear line based on weight:
These penalties apply regardless of federal rescheduling. A conviction can also affect employment, housing, professional licenses, and educational opportunities.
Many Georgia residents assume that hemp-derived products such as Delta-8 or Delta-9 are legal and risk-free. In reality, this area of the law remains uncertain and actively enforced.
While hemp is legal under federal and state law if it contains less than 0.3% Delta-9 THC, law enforcement may still challenge products based on chemical composition, labeling, or testing methods. Some Delta-8 products have resulted in arrests, seizures, and criminal charges, particularly when officers believe the substance is illegal marijuana.
Because testing and enforcement practices vary, possession of hemp-derived products can still create legal risk in Georgia.
In Savannah and surrounding areas, police and prosecutors continue to enforce Georgia marijuana laws as written. Federal rescheduling has not stopped arrests or prosecutions at the local level.
Individuals charged with marijuana offenses may face:
Even first-time offenses can have serious consequences. For those already under investigation or charged, relying on federal cannabis news as a defense strategy can be a costly mistake.
Federal and state governments operate under separate legal systems. While federal law can influence policy, states retain the authority to criminalize conduct within their borders.
Georgia has chosen not to legalize recreational marijuana, and federal rescheduling does not force the state to do so. Until Georgia lawmakers change state statutes, marijuana remains illegal under Georgia law.
There is ongoing debate in Georgia about marijuana reform, but as of now, no recreational legalization has been enacted. Legislative proposals may focus on sentencing reform, medical expansion, or decriminalization in limited circumstances, but none of these changes are guaranteed.
Residents should not assume future reform will protect them from current charges. The law in effect today is what courts will apply.
If you are arrested or questioned about marijuana possession, distribution, or related drug offenses, it is important to speak with a criminal defense attorney as soon as possible. Statements made to police, even informal ones, can be used against you later.
An experienced Savannah criminal defense attorney can:
At The Ozer Law Firm, we represent individuals facing drug charges throughout the Savannah area. We understand Georgia marijuana laws, local enforcement practices, and how federal policy changes are often misunderstood. If you have questions about marijuana legality or are facing criminal charges, contact us today at (305) 788-0187 for your free, confidential consultation.
One call can make all the difference. Reach out now and let us start building the defense you deserve.
