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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.
Summary
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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Table of Contents
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.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.
