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

By | last updated July 12, 2023

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Delta 8 THC is legal in Georgia but the state is working on a bill that would will treat all THC products the same and prevent their sale to minors. 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. If an upcoming bill is passed, it will restrict sales to adults 21 and over and treat all THC-containing products the same way.

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Georgia Delta-8 THC Laws

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

However, delta-8 may 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.

Additionally, lawmakers introduced Senate Bill 22 in January 2023 which seeks to restrict sales to people over 21 and treat all products containing THC regardless the type (delta-8, delta-10, HHC, etc) the same way.

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 18 states: Alaska, Arkansas, Colorado, Delaware, Hawaii, Idaho, Iowa, 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

At this time, delta 8 THC is legal in Georgia and the only change looming on the horizon is a restriction of sales to people under 21. But it’s possible that the state will try to ban delta-8 THC again, as it attempted in the past. We’ll have to wait and see.

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