Independent pharmacies across Georgia are now able to dispense medical cannabis. What to know

CEO of Botanical Sciences, Georgia’s first physician-founded, fully integrated medical cannabis provider, and Horton's Drugstore owner Jonathan Marquess. Horton's Drugstore will soon offer Botanical Sciences products.
CEO of Botanical Sciences, Georgia’s first physician-founded, fully integrated medical cannabis provider, and Horton's Drugstore owner Jonathan Marquess. Horton's Drugstore will soon offer Botanical Sciences products.

Medical cannabis may now be dispensed at independent pharmacies in Georgia, the first state in the U.S. to do so, under an updated state law.

However, the U.S. Drug Enforcement Administration has issued a warning to Georgia pharmacies that it is a federal offense to dispense marijuana products with over .3% of THC in them because marijuana is still a Schedule I drug, as reported by several news outlets.

The Georgia Board of Pharmacy started processing applications in October from pharmacies around the state that want to sell low-dose THC products, according to the American Pharmacists Association. The board did not respond to a request for comment or to find out if they're still processing applications.

Dozens of pharmacies are listed as "coming soon," on the Botanical Sciences website. Botanical Sciences, a medical cannabis provider, is one of two licensed production companies of medical cannabis operating in Georgia.

Pharmacies must go though a process to dispense medical cannabis. Licensed pharmacies that meet certain requirements may apply through the Georgia Board of Pharmacy for a special permit to sell products derived from low-THC oil. Then they must get inspected by the Georgia Drugs and Narcotics Agency and get their medical cannabis products from companies that are licensed by the Georgia Access to Medical Cannabis Commission.

Pharmacist Jonathan Marquess, who owns multiple independent pharmacies in Georgia including Horton's Drugstore in Athens,said patients have been asking for this kind of access for years, as reported by CNN.

“There are patients in my area that I talk to all the time who’ve been begging for this,” Marquess told CNN.

Who qualifies for medical cannabis?

According to Georgia's medical cannabis law, qualified patients must have one of 16 conditions such as terminal cancer, Crohn's disease, Parkinson’s disease (when such diagnosis is severe or end stage), Multiple sclerosis (when such diagnosis is severe or end stage), intractable pain or post-traumatic stress syndrome. Those qualified patients may get low-dose cannabis oil and their products to relieve their symptoms. Those products include low-THC tinctures, capsules, skin patches and lotions.

How do patients get medical cannabis in Georgia?

The first step to getting medical cannabis in Georgia is to obtain a Low-THC Oil Patient Registry Card. The Low-THC Oil Patient Registry Cards are issued by the Georgia Department of Public Health to qualified patients who have a recommendation or referral from their doctor.

Doctors must apply for the cards on the patient's behalf, and the patients must register with the GDPH. If obtaining medical cannabis at a pharmacy, qualified patients must show the pharmacist their cards in order to get medical cannabis in Georgia.

Why go to a pharmacist?

Marquess told CNN that some patients are getting relief from places that "he would not send his patients to." He also said that there's many advantages from getting medical cannabis from a pharmacist.

“They can provide some education, some resources, and even counsel to get on the right product,” Marquess told CNN. "Patients also often seen their pharmacists more often than they see their doctors."

Who else dispenses medical cannabis in Georgia?

Trulieve also dispenses medical cannabis to pharmacies in Georgia. Their first patient sale was at Riverside Pharmacy in Gainesville. As of Dec. 20, they are partnering with six pharmacies to dispense medical cannabis products for eligible patients, a decrease of five since late November.

As of Jan. 3, there are eight medical cannabis dispensaries in Georgia. Three are in the Atlanta area, one in Macon, one outside of Savannah, one outside of Augusta, one in Stockbridge and the final in Newnan.

What are the medical cannabis laws in Georgia?

Georgia passed a law, Haleigh's Hope Act, in 2015 that established Low THC Oil Patient Registry. The law allows qualified patients to possess and use no more than 20 ounces of low-THC oil. According to GeorgiaStateCannabis.org, "low-THC oil is an oil containing less than 5% THC on a dry weight scale and at least 5% cannabidiol (CBD). Tetrahydrocannabinol is the psychoactive component in marijuana responsible for the high that users feel. The law mandates that the CBD content be equal to or more than the THC content."

"Since 2015, the Low-THC Oil Patient Registry has grown from 13,000 to over 27,000registered patients," according to a GMCC press release.

In 2019, Georgia updated Haleigh's Hope Act to the Hope Act that issues licenses to "low-THC oil producers, dispensaries, and medical marijuana cultivators" for patients with one of 16 medical conditions, according to GeorgiaStateCannabis.org.

In September, Gov. Brian Kemp was able to sign off on Georgia Board of Pharmacy rules that cleared the way for pharmacies to apply to sell THC, as reported by CNN.

Where is medical cannabis legal?

Cannabis is classified as a Schedule I substance under federal law. That means that distributing cannabis is a federal offense. However, federal agencies have decided to act on state laws based on their own discretion, and have historically allowed states to write their own state laws regarding the use of cannabis, according to the National Conference of State Legislatures.

As of April 2023, 38 states, three territories and the District of Columbia allow the medical use of cannabis products, according to NCSL.

Georgia is categorized as being one of 19 states that have limited access cannabis product laws (low THC/high CBD - cannabidiol), according to the NCSL. However, Georgia does not recognize other states, unless the other state has similar medical cannabis laws as Georgia's and has been in Georgia for less than 45 days, according to GAMCC. That means someone from another state may not use their Low THC Oil Card for medical cannabis products in Georgia unless they've satisfied those requirements.

This article originally appeared on Athens Banner-Herald: Georgia independent pharmacies are able to dispense medical cannabis