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News And Legislation

Is Delta-8 THC Legal in Georgia? Delta 8 Legality by State 2023

Those wishing to try out Delta-8 THC in the peach state are in for a treat. Individuals in Georgia are allowed to purchase a range of hemp products since there are no particular rules that state otherwise. 

Georgia policies mirror those set forth in the 2018 Farm Bill at the federal level. All hemp-derived cannabinoids, terpenes, flavonoids, isomers, salts, and seeds are legal in Georgia under state law, which is consistent with federal law as set down in the Agriculture Improvement Act (Farm Bill 2018). 

Delta-9 THC is the only illegal cannabinoid in Georgia. Although the state still has a long way to go before fully legalizing cannabis, Georgians can at least peacefully enjoy D8 products for now. But where can you buy Delta-8 in Georgia? And what’s next for its legality? Read on to find out!

Is Delta 8 THC Legal In Georgia?

There is no straightforward answer to this question. First, you need to know that Delta 8-THC may be derived from both hemp and marijuana. Therefore, the finished products will differ in chemical composition. Now, since both hemp and marijuana fall under distinct regulations, the same applies to their final products in the eyes of the law.

In Georgia, Delta-8 derived from hemp that complies with the Farm Bill is acceptable. The amount of Delta-9 THC in the hemp must be less than 0.3% for it to be considered legal. Any type of hemp that exceeds this 0.3% delta-9 threshold is automatically regarded as high-THC marijuana, which is illegal on both the state and federal levels. 

D8 derived from high-THC marijuana containing more than 0.3% THC is banned. Any business that manufactures or distributes delta-8 items derived from marijuana is in violation of both state and federal law. Avoid using these goods unless you wish to run the risk of being prosecuted. 

Note: Georgia has one of the most stringent cannabis laws. Cannabis possession of less than one ounce is considered a misdemeanor. You could serve up to a year in jail and pay a $1,000 fine.

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Delta-8 THC In Georgia

is delta 8 tch legal in georgia-read on grh

House Bill 213 passed the House and Senate in 2019, making Hemp farming in Georgia legal under the Georgia Hemp Farming Act, This was a part of legislation meant to comply with the national Farm Bill 2018 regulations.

This implies delta-8 is no longer on the list of controlled substances of Georgia, providing they’re sourced from cannabis containing not over 0.3 percent delta-9 THC.

And since then, neither the Georgia Hemp Farming Act nor the Controlled Substances Act has been modified by Georgia’s state government.

What Product  Categories Of Delta-8 Are Illegal In Georgia?

Are delta-8 gummies legal in Georgia? Despite the fact that delta-8 THC is allowed in Georgia, a few product types are not. 

CBD, delta-8, and other hemp-derived substances are not permitted in beverages, foods, animal feed, or nutritional supplements, according to a news release issued by the Georgia Department of Agriculture (GDA). Why? Because Georgian state law is consistent with the regulations outlined in the Food, Drug, and Cosmetic Act (FD&C Act). 

The FD&C excludes CBD, THC, and THC variations from its definition of dietary supplements and forbids their inclusion in foods and beverages intended for human and animal use.

Buying Delta-8 THC In Georgia

Although Georgia has a large number of local retailers selling Delta-8 THC, including hemp shops, vape shops, head shops, gas stations, and convenience stores throughout the state, we don’t recommend buying D8 locally. This is because the majority of products sold by in-store sellers do not meet the commonly accepted guidelines for quality and safety. 

When looking for high-quality D8 products in Georgia, online vendors are the most secure and convenient solution. Buying online comes with many benefits, such as lower prices, higher safety, and more product offerings. Not to mention that buying Delta-8 online is much faster and easier than driving around the city looking for a reputable source.

However, if you are short on time and are looking for Delta-8 stores near you for instant gratification, we have compiled a list of reliable local retailers in Georgia.

If you are located in Atlanta, you can purchase from these places:

  • ATLR x CBD Atlanta – 1101 Ponce De Leon Ave NE, Atlanta, GA 30306
  • World Piece – 1142 Euclid Ave NE, Atlanta, GA 30307
  • The Georgia Hemp Company – 4969 Roswell Rd STE. 115-120, Atlanta, GA 30342

If you are located in Augusta, you can purchase from these places:

  • Metro CBD Centre – 507 N Leg Rd, Augusta, GA 30909
  • Open Leaf CBD – 206 8th St, Augusta, GA 30901
  • Augusta Smoke Shop – 138 Davis Rd Suite F, Martinez, GA 30907

If you are located in Peachtree City, you can purchase from these places:

  • World of Tobacco – 1117 Crosstown Ct, Peachtree City, GA 30269
  • Hemp Culture Company – 1988 GA-54 suite b, Peachtree City, GA 30269​​
  • Atlanta Vapour Peachtree City – 2842 GA-54, Peachtree City, GA 30269

Future Of Delta-8 In Georgia

​​Across the United States, all types of marijuana are becoming legal. Currently, 15 states permit the recreational use of cannabis, and others are contemplating enacting similar legislation. Cannabis use for recreational purposes is currently illegal in Georgia but could change in the future.

It’s doubtful that Delta-8 THC will be outlawed in the Peach State any time soon. If anything, D9 THC might be made legal, and anyone wishing to buy cannabis in any form would be able to do so within a few blocks of their home.

However, recently,  the Georgia Bureau of Investigation (GBI) and DEA conducted raids on several vape shops across the state and fined the stores that had products with a Delta-9 THC content exceeding the legal limit. To address this issue, a collaborative multi-county task force has been established to tackle the sale of illegal Delta-8 products.

Final Word 

The legality of Delta-8 in Georgia and around the US is up for debate due to the increased scrutiny from the DEA. Fortunately, till now, the Peach State has not taken any action to outlaw the ownership, use, sale, or distribution of D8, giving both sellers and consumers some hope. All we can do is wait and see what happens. However, for now, you can enjoy Delta-8 products freely in Georgia!

Frequently Asked Questions

What Happens If You Get Caught With Delta-8 In Georgia?

While hemp-derived Delta-8 is legal in Georgia, marijuana-derived Delta-8 is not. So, if you are found in possession of marijuana-derived Delta-8 edibles or gummies, you could be charged with felony possession of controlled substances.

Is Delta-9 Legal In Georgia?

Delta 9 produced from hemp is the only THC that is allowed, and the concentration of it in any product that is sold cannot be more than 0.3%. Therefore, as long as these conditions are met, Delta-9 products are legal for possession, use, sale, and distribution.

Is Traveling With Delta-8 Aallowed In Georgia?

Since the use and possession of delta-8 THC is lawful, you can bring D8 items derived from hemp into Georgia. However, carrying high-THC marijuana is not legal when entering Georgia.  

How Old Do You Have To Be To Buy Delta-8 THC In Georgia?

In Georgia, anyone over 21 can purchase Delta-8 THC without a prescription or a medical card. 

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Jasmin Weber

Jasmin Weber is a seasoned professional in the kratom and CBD industry, contributing her expertise to Grassroots Harvest and GRH Kratom for over three years. A prolific writer, Jasmin crafts engaging content for both the cannabis and kratom websites of these companies and is a recognized voice in related online communities. With a deep-seated passion for the ever-evolving cannabis field, Jasmin dedicates herself to staying at the forefront of industry developments. Jasmin holds a Bachelor of Arts in Human Communication from Trinity University, San Antonio, where she also minored in Creative Writing and Religion, graduating in 2016. Her academic background enriches her ability to communicate complex information clearly and creatively. For collaboration opportunities, Jasmin can be reached at Jasmin@grassrootsharvest.com. She is keen to explore innovative ideas that advance understanding and engagement in the cannabis and kratom sectors.Bachelor of Arts in Human Communication with Minors in Creative Writing & Religion. Feel free to contact the author at Jasmin@grassrootsharvest.com if you have any ideas for collaborations.

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