Georgia Compliance Alert – Expansion of Medical Cannabis Law and Employer Workplace Considerations

Georgia has enacted significant changes to its medical cannabis law through Senate Bill 220, the “Putting Georgia’s Patients First Act,” signed by Governor Brian Kemp on May 13, 2026.

The legislation expands access to medical cannabis products for qualified patients while preserving important employer rights regarding workplace drug policies, drug testing, and workplace safety. Employers with employees in Georgia should review their workplace drug and alcohol policies, supervisor training programs, and reasonable suspicion procedures to ensure continued compliance.

Georgia’s expanded medical cannabis law increases lawful patient access to THC-based products but does not eliminate employer authority to maintain safe, drug-free workplaces. Employers—particularly federal contractors and safety-sensitive organizations—may generally continue enforcing drug testing programs

Key Changes Under Georgia’s New Law

Importantly, recreational marijuana remains illegal in Georgia. Smoking or burning cannabis products also remains prohibited under Georgia law. The new legislation expands Georgia’s existing medical cannabis framework by:

• Removing the previous 5% THC potency cap for authorized medical cannabis products

• Expanding allowable forms of medical cannabis to edibles, gummies and vaporized flower products

• Increasing possession allowances for registered patients

• Expanding qualifying medical conditions to include Lupus, Autism, Severe Alzheimer’s disease, Stage III HIV, and Inflammatory bowel disease

• Extending registration validity periods and easing renewal requirements for certain chronic conditions

Georgia’s medical cannabis law does not prohibit employers from asking whether an employee is authorized to use medical cannabis or from requesting documentation related to a positive marijuana test result as part of an interactive review process. Employers may generally request proof of a valid medical cannabis registration card, documentation supporting lawful medical authorization when necessary to evaluate workplace safety concerns. Employers should maintain confidentiality of medical information and limit inquiries to job-related and business necessity purposes.

Employer Rights Remain Intact

Despite the expansion of medical cannabis access, Georgia employers generally retain broad authority to maintain drug-free workplace policies. Georgia law does not require employers to:

• Permit employees to use or possess cannabis at work

• Allow employees to work while impaired or under the influence

• Accommodate on-duty impairment or safety risks

• Eliminate pre-employment, random, post-accident, or reasonable suspicion drug testing programs

Employers may continue enforcing policies prohibiting working under the influence of drugs or alcohol, possession of controlled substances in the workplace, impairment during work hours and/or violations of safety-sensitive work rules.

Medical cannabis is currently not protected under the federal Americans with Disabilities Act (ADA) because marijuana is classified as a Schedule I substance under the Controlled Substances Act.

The ADA excludes from its protection any employee or applicant currently engaging in the illegal use of drugs, a definition that includes medical marijuana, regardless of state legalization.

Courts have consistently held that employers are not required to provide reasonable accommodations for the use of medical marijuana at work, nor are they required to overlook a positive drug test for THC, even if the employee is registered and using it under a doctor's supervision.

Federal Law Considerations

Cannabis remains classified as a Schedule I controlled substance under the federal Controlled Substances Act, regardless of state legalization efforts. This distinction is particularly important for:

• Federal contractors

• Employers subject to the Drug-Free Workplace Act of 1988

• Employers regulated by the U.S. Department of Transportation

• Safety-sensitive industries

Federal contractors and covered employers may still be required to maintain drug-free workplace programs and may prohibit marijuana use even where state law permits medical cannabis use. Additionally, DOT-regulated employees remain subject to federal drug testing rules that prohibit marijuana use, including medical marijuana, for covered positions such as commercial drivers and certain transportation workers.

Reasonable Suspicion and Positive Test Result Considerations

Employers should continue following established reasonable suspicion procedures when there is a good-faith belief that an employee may be impaired while working. Supervisors should be trained to identify and document objective indicators of possible impairment, which may include slurred speech, impaired coordination, erratic behavior, unsafe conduct, odor of marijuana or cannabis products or observable impairment impacting job performance or safety. When reasonable suspicion exists, employers should:

1. Remove the employee from safety-sensitive duties, if applicable

2. Document contemporaneous observations by management witnesses

3. Follow established drug and alcohol testing procedures

4. Arrange safe transportation if the employee appears impaired

5. Apply policies consistently across similarly situated employees

Because cannabis metabolites may remain detectable long after impairment subsides, employers should avoid relying solely on a positive marijuana test result as proof of current impairment unless permitted under applicable law and company policy. Instead, employers should combine testing results with documented workplace observations and policy violations.