Is Delta-8 THC Legal in Georgia? (Nov. 2023 Update)

By | Updated on November 7, 2023

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Delta 8 THC is legal in Georgia, even though there have been reports of police raids on vendors. Here’s a closer look at delta 8 THC laws in Georgia and a prediction of how they might change in the future.


Delta-8 THC is legal in Georgia. A judge also ruled that delta-8, delta-10, and other hemp-derived cannabinoids are not controlled substances.

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Georgia Delta-8 THC Laws

Georgia passed its version of the hemp bill, Georgia House Bill 213 (Georgia Hemp Farming Act) in 2019. This bill officially made hemp products, including delta-8 THC, legal in the Peach State.

Georgia lawmakers also tried to pass Senate Bill 22 in 2023, which would’ve restricted hemp-derived THC sales to people over 18 and create other regulations, but it didn’t pass.

Finally, the Georgia Court of Appeals ruled in November 2023 that delta-8, delta-10, and other hemp-derived cannabinoids aren’t controlled substances. This ruling clearly confirms that delta-8 THC is legal and came in response to police raids on some delta-8 vendors in the state.

However, delta-8 might be illegal illegal in Gwinnett County after a supreme court ruling. It might also be illegal in Forsyth County and some other areas of Georgia. But the situation is not 100% clear, especially after the November ruling.

What Is Delta-8 THC?

Delta-8-THC is a form of tetrahydrocannabinol, the substance in cannabis that gets you high. You’re probably familiar with delta-9-THC, which is the most common form of THC.

Delta-8-THC has the same effects as delta-9, including red eyes, the munchies, euphoria, soreness relief, and sedation (1). However, it’s weaker (66% as potent as delta-9), so you’re less likely to experience side effects like panic attacks.

Why Delta 8 THC is Federally Legal

Delta-8-THC is legal on the national level because it’s made from hemp. Hemp products were made federally legal in 2018, provided they contain no more than 0.3% of delta-9 THC. But the law didn’t say anything about other types of THC.

Manufacturers figured out they can use a chemical isomerization process to make delta-8 THC from hemp-derived CBD. This loophole was never intended by federal lawmakers when they legalized hemp. That’s why the legal status of delta-8-THC remains controversial.

Where Is Delta-8 THC Illegal?

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

More states may decide to ban delta 8 in the future. 

The Future of Delta-8 in Georgia

It’s tough to say what will happen to delta-8 in Georgia in the future. But given the wave of cannabis legalization across the country, the most likely change is that Georgia will legalize cannabis and regulate delta-8 THC in a similar way.

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