Georgia pharmacy launches medical marijuana sales in defiance of DEA warning

A licensed pharmacy in the Georgia city of Augusta – population 202,000 – is bucking the federal government’s wishes and has begun offering low-THC medical marijuana for sale, per state rules approved last year to let the traditional drug-dispensing businesses in on the cannabis trade.

However, the U.S. Drug Enforcement Administration specifically warned pharmacies in Georgia – which are subject to DEA rules and regulations – against selling even these low-THC products despite the state’s stated position.

The DEA took the step of warning pharmacies after roughly 120 applied for formal permission from the Department of Community Health; 40 of those applicants received approval.

“Neither marijuana nor THC can lawfully be possessed, handled or dispensed by any DEA-registered pharmacy,” the agency wrote in a strict letter to Georgia pharmacies.

The Georgia Legislature legalized low-THC medical marijuana in 2019 and sales began in 2023, but only through a very limited number of dispensaries. The idea by regulators was broaden access for patients to low-THC medicine by expanding the option to pharmacies, but the DEA’s warning largely quashed that move.

Regardless, Living Well Pharmacy – one of the 40 – is betting on the current marijuana rescheduling process, along with the overall political climate, to ease its entrance into the cannabis business without too much backlash from the DEA, The Atlanta Journal-Constitution reported.

Owner Vic Johnson told the Journal-Constitution he’s even willing to sacrifice his pharmacy business license in favor of the right to sell cannabis, meaning he’d lose the legal ability to sell most drugs that are Schedule II to V.  But those controlled substances only account for about 10% of Living Well Pharmacy’s sales, Johnson told the Journal-Constitution.

In addition, the proposed rescheduling would move marijuana from Schedule I to Schedule III.

“It’s a new frontier. I really think pharmacies are an ideal outlet for dispensing medical cannabis because if you come to my pharmacy already, we can talk about what medications you already are taking,” Johnson told the newspaper.

The DEA didn’t comment to the Journal-Constitution regarding Living Well Pharmacy’s operations, and it’s unclear if the agency will take any punitive action. If the agency chooses to let the matter slide, it could encourage more pharmacies to also start selling marijuana.

Johnson told the paper he’s in a “wait-and-see” mode.

Under Georgia law, only cannabis products with a maximum of 5% THC are legal, and smokable cannabis is still banned. The only product forms allowed are tinctures, topical creams and pills.

Despite the restrictive market structure, the program has attracted more than 21,000 registered patients as of last month, the Journal-Constitution reported at the time. It currently stands at 22,463.