Is Delta-8 THC Legal in Georgia?

By | last updated November 26, 2021

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Delta 8 THC is legal in Georgia. In 2019, the state passed a bill that made hemp and all hemp-derived products legal in the state. Since delta 8 THC can be produced from hemp-derived CBD, it’s perfectly legal.

Here’s a closer look at delta 8 THC laws in Georgia and a prediction of how they might change in the future.

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Georgia Delta-8 THC Laws

The 2018 Farm Bill legalized hemp and hemp-derived products in the United States. However, each state has the right to regulate hemp in its own way. 

In May 2019, Georgia passed its version of the hemp bill, Georgia House Bill 213 (Georgia Hemp Farming Act). This bill officially made hemp farming and hemp products legal in the Peach State.

The bill defines “hemp products” as:

all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts…’

Georgia HB 213

It also says that

Federally defined THC level for hemp’ means a delta-9-THC concentration of not more than 0.3 percent on a dry weight basis

Georgia HB 213

This means the bill follows the federal definition of hemp and hemp products as those containing no more than 0.3% delta-9-THC.

There are no restrictions on delta-8 levels for hemp products. Since delta-8 THC can be made from hemp, this bill makes it legal.

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, increased appetite, euphoria, pain relief, and sedation (1). However, it’s weaker (66% as potent as delta-9), so you’re less likely to experience side effects like anxiety.

Why Delta 8 THC is Federally Legal

Marijuana (cannabis with over 0.3% delta-9 THC) is a federally controlled substance. Both marijuana and delta-9 THC are also illegal in many states.

However, there’s no law banning delta-8 THC on the federal level. That’s because delta-8 THC levels are very low in cannabis plants (usually less than 1%), so federal and state authorities never bothered to create a special law for it.

However, it’s possible to make large amounts of delta-8 THC from CBD with a special chemical reaction. Since hemp is federally legal, this means hemp-derived delta-8 THC is also legal.

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 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

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

The Future of Delta-8 in Georgia

At this time, delta 8 THC is legal in Georgia. But that can always change.

More and more states are choosing to either ban delta 8 THC or regulate it in the same way as recreational marijuana. 

On top of that, federal authorities are concerned about the safety of delta 8 THC. The CDC and FDA recently released warnings about delta 8 THC products.

The bottom line is that Georgia delta 8 THC laws may change in the future.

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