For those in Georgia asking, "Is Delta 8 legal?", we've got great news! Hemp derived Delta 8 THC is legal to possess, use, sell, and distribute in the state of Georgia.
Is Delta 8 legal in Georgia?
Currently, Georgia state law conforms with federal legislation which views Delta 8 THC and other cannabis products as being fully legal when derived from hemp.
The passing of the 2018 Farm Bill was integral for this to occur, this new bill made all hemp derived cannabinoids, isomers, terpenes, and flavonoids to be sold legally at the federal level as long as they stayed within the legal limit of Delta 9 THC.
Federal and state law surrounding marijuana derived THC remains a different story and it looks to be a long shot from being legalized anytime soon. At least for now, Georgians can legally enjoy Delta 8 and other cannabinoid products.
Delta 8 legislative history in Georgia
Things changed in 2019 with the passing of House Bill 213 in the house and senate. The Georgia Hemp and Farming Act was designed from this house bill and once enacted, mimicked the guidelines the federal government set in place with the Farm Bill in 2018.
From then on Delta 8 THC and other hemp derived cannabinoids were removed from Georgia's list of controlled substances by Georgia lawmakers, so long as they followed federal guidelines and do not contain a concentration of more than 0.3% Delta 9 THC on a dry weight basis.
These enacted changes which allowed the possession, use, sale, and distribution of Delta 8 THC have remained without any amendments being made to the Georgia Hemp Farming Act nor Georgia's Controlled Substances Act.
These changes were not free of misunderstanding or misinterpretation, however. Recently an Atlanta based law firm filed a new lawsuit in Georgia seeking a court order declaring that Delta 8 THC was in fact legal. This filing was prompted after district attorney Patsy Austin-Gatson from Gwinnett County threatened to prosecute businesses selling products containing Delta 8 and Delta 10.
The Gwinnet County district attorney's office stated that the possession, sale, and distribution of Delta 8 THC is illegal under Georgia law according to the law firm Pate, Johnson & Church.
The suit states that the district attorney had simply misinterpreted the hemp and hemp products incorrectly under state law. The Atlanta law firm seeks a court order encouraging Austin-Gatson and the state of Georgia to not prosecute businesses selling products that contain Delta 8 and Delta 10 THC.
Where to buy Delta 8 THC in Georgia?
You can purchase Delta 8 THC and other hemp derived products in Georgia from licensed online retailers as well as in person in many hemp stores and smoke shops. With plenty of head shops selling Delta8 THC products in major cities like Atlanta, Columbus, Augusta and even smaller towns like Sandy Springs and Alpharetta it's not hard to find this extremely popular cannabinoid for sale.
Or course buying online can often times be the most convenient option for those in Georgia to get their hands on Delta 8 THC and many other hemp derived products. Not to mention ordering online often times may offer lower prices than what can be found at local vape shops.
Are Delta 8 THC products safe?
It is often times advised to steer clear of buying products sold from places like gas stations and convenience stores. They can potentially be unsafe, improperly labeled, or not fulfil the federal regulations and requirements to remain legal.
Remember, when purchasing Delta 8 THC or any THC products, it is in your best interest to purchase high quality products from reputable brands and trusted online retailers. This will ensure you are getting a federally legal product that has been third party lab tested. Third party lab testing will prove the THC concentration is within the 0.3% federal requirement.
Lastly, the lab analysis will indicate the product is free of common contaminants such as heavy metals, pesticides, and solvents that can potentially remain from the manufacturing process.
Which product types are not legal in Georgia?
Even though Delta 8 THC is legal in Georgia, there are a few product types that are not allowed to be sold in the state.
The Georgia Department of Agriculture (GDA) released a press release stating that CBD, Delta 8, or any other hemp derived cannabinoids cannot be used or sold in beverages, food products, dietary supplements, or animal feed.
This is based on the fact that Georgia law follows suit with the FDA in its Food Drug and Cosmetic Act. (FD&C Act). This act excludes CBD, THC and other cannabinoids from its definition of dietary supplements, banning them from being added to foods and drinks for human or animal consumption.
Is recreational marijuana legal in Georgia?
No, like Texas and Indiana, in terms of penalties for possession, Georgia ranks up there as having some of the harshest cannabis laws in the U.S. which often include jail time.
Marijuana possession of an ounce or less is classified as a misdemeanor. This can put you away for up to 1 year in prison with a fine of $1,000.
Possession of anything more than an ounce of marijuana can lock you up for up to 10 years in prison along with a $5,000 fine.
Georgia marijuana laws are a far cry away from changing anytime soon. Recreational cannabis use is illegal in Georgia and remains on the state's list of controlled substances.
Is medical marijuana legal in Georgia?
Medical marijuana is legal in Georgia but is very limited in its use. The passing of House Bill 1, known as Haleigh's Act, legalized medial cannabis use. This allowed cannabis oil up to 0.5% THC compared to the federal THC concentration limit of 0.3%.
Doctors are able to prescribe medical marijuana for patients suffering from 17 qualifying conditions to include:
Amyotrophic Lateral Sclerosis
Seizure disorders caused by trauma, head injuries or epilepsy
Sickle Cell Disease
Severe Tourette’s Syndrome
Patient is in hospice program, either as inpatient or outpatient
Post-Traumatic Stress Disorder (PTSD)
Some state governments have decriminalized and reduced penalties for the possession of cannabis. A total of nine jurisdictions have moved this direction. At the end of the day that still doesn't change the fact that marijuana is still considered federally illegal, making Delta 8 a very attractive option.
The history of the DEA's view of Delta 8 THC in Georgia
The history of the DEA's stance on Delta 8 THC has not always been in favor of keeping Delta 8 legal. In September of 2020, the DEA issued an Interim Final Rule covering the legal status of synthetic THC products.
The stance the DEA took is that they believe all synthetically derived THC should be considered a Schedule 1 drug and therefor remain on the Controlled Substances Act.
Even though Delta 8 THC is a naturally occurring cannabis chemical, Delta 8 THC is a minor cannabinoid making up only 1% of the hemp plant. It is found in such small quantities that producers must convert it from CBD in a chemical process using specialized chemicals under lab conditions. That process is viewed by some as being man-made or therefore synthetically produced.
Others view the process as having nothing to do with whether or not Delta 8 THC is considered synthetic. Since CBD is found and extracted naturally from the hemp plant, it is not a man-made cannabis chemical.
What does the future of Delta 8 THC look like for Georgia?
With constantly evolving laws, what is legal in Georgia today might not always be legal in the future. However, for cannabis users in Georgia the future of hemp looks bright. There is currently no upcoming state legislation that could alter the legality of Delta 8 THC.
Thankfully, Delta 8's legal status has allowed its citizens the ability to legally access hemp derived cannabinoids, giving them access to the many benefits that hemp products can potentially offer.
In our opinion the future of Delta 8 THC and the cannabis industry as a whole is dependent on resellers selling only high-quality delta 8 products backed with lab reports that fall in compliance with federal law. Failure to do this will likely result in posing a public safety concern and will spark further regulations and restrictions.
Frequently asked questions?
Is Delta 8 legal in Georgia?
Yes, Delta 8 THC is legal in the eyes of the state and federal law as long as it is derived from hemp plants and contains no more than .3% Delta 9 THC on a dry weight basis.
Is CBD legal in Georgia?
Yes, just like how Delta 8 THC is legal in Georgia, this non intoxicating chemical derived from hemp is legal as well. The exception to this is that certain CBD products are prohibited under state law. You cannot purchase CBD in beverages, foods, dietary supplements, or animal feeds.
Can you pass a drug test with Delta 8 in Georgia?
No, because Delta 8 THC is a form of THC. THC metabolites will be present in your body when using Delta 8. Standard drug tests do not differentiate between THC that is legally derived from hemp or THC derived from marijuana.
Can you travel to Georgia with Delta 8?
Because the use and possession of Delta 8 is legal in Georgia, you can travel to and within the state with Delta 8 legally as long as the products are hemp derived. You cannot travel to or possess marijuana or marijuana derived THC products while in Georgia.
Is possession with Delta-8 a felony in Georgia?
No, the legal status of hemp derived Delta-8 THC products in Georgia remain fully legal. You should keep in mind that police officers may have a tough time indicating whether or not some products are actually legal Delta 8. It is in your best interest to keep all products in their original packaging which should include a QR code to lab testing, proving that product is in fact a federally compliant hemp product.
What happens if I get pulled over in Georgia with Delta-8?
While Delta 8 THC is legal in Georgia, you should not drive or operate a vehicle while under the influence. Doing so may result in prosecution. Simple possessing Delta 8 THC in Georgia however is totally legal.
For now, Georgia residents can continue to legally enjoy hemp derived products like Delta 8 THC without worry. Future concerns on if Delta 8 is added to the list of controlled substances is always a possibility.
Until that happens Georgians are able to fully enjoy using high-quality Delta 8 THC. If you are looking for top quality CBD and Delta 8 THC products that you can buy online, Everyday Delta, has you covered. Check out our selection of top tier Delta 8 and Delta 9 THC products.
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