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.

Summary

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.

2 thoughts on “Is Delta-8 THC Legal in Georgia? (Nov. 2023 Update)”

    • Hey Gladys, great question. I looked it up and there was a March 2024 raid on a delta-8 vape shop in Newnan. The police confiscated delta-8 edibles (but not vapes) because they argued they are not legal as food products with THC are not legal to sell as the FDA has not approved them. So it seems like delta-8 as a whole is legal in Coweta County, but delta-8 edibles specifically might be illegal.

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