Is Delta 8 THC Legal in Georgia?

Legality of buying Delta 8 THC in Georgia

View all Delta 8 THC Legal States Information

According to state law, Delta 8 is legal in Georgia. Though, Delta 8 is federally legal due the the 2018 US Farm Bill which made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under the .3% Delta-9 THC threshold), some US States like Georgia have their own laws regarding these products in the State. Unlike CBD, Delta 8 is psychoactive and will get you high.

Legal THC in GA

Delta 8, just like other psychoactive cannabinoids are legal in Georgia.  Such as Delta-8's big brother-- Delta-9-- is legal as well.  For instance, residents in Georgia can order legal Delta 9 THC online and still be lawful.  Same way with HHC for sale (which is the hydrogentated form of THC).  To learn about the current legislation for buying and selling this substance in Georgia, we have to know why Delta 8 is legal in the first place.

Yes, Delta 8 THC is legal in the State of Georgia.

In Georgia, Delta 8 is allowed. Since the passing of the 2018 Farm Bill instructed regulators to monitor the delta-9 tetrahydrocannabinol concentration to not exceed .3% Delta-9 THC, it has puzzled some Georgians concerned with whether Delta 8 THC Products fall under the same definition of hemp. The Farm Bill covers a lot of ground, it specifically limits Delta-9 content to .3% measured on a dry weight basis , but it doesn't cover any details relating to Delta-8 content. That's because at the federal level, the only THC level of concern is the famous Delta-9 THC.

The psychoactive cannabinoid, Delta-8 THC, is also one of the isomers of hemp originating from the industrial hemp plants. The federal Farm Bill made these hemp-derived products available for commercial sale across the country. Hemp products such as CBD-infused products and low Delta-9 THC Delta-8 products can be found nationwide, but in order to assess its legality in Georgia, we have to look at the stance on tetrahydrocannabinols from state lawmakers.

Current Georgia Delta-8 Legislation

With HB 213 being passed by both the House and Senate in 2019, it helped Georgia progress to enact the Georgia Hemp Farming Act and to add exceptions to the scheduling of tetrahydrocannabinols in order to be compliant with the new laws.

In HB 213, it states:

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

As long as hemp-derived products comply with federal mandates of possessing a product with less than .3% Delta-9 THC, they are in compliance with state law. This includes items such as Delta-8 which falls under the protection.

Georgia Industrial Hemp Act

The HB 213 bill also amended the statutes relating to agriculture by enacting guidelines on how hemp should be grown and manufactured in order to be protected from prosecution. The Georgia Hemp Farming Act amendment provides a provision of the state’s controlled substances law that criminalizes certain acts relating to controlled substances including hemp. The Act also contains provisions in connection with academic research, hemp farming and processing.

Today the Georgia Department of Agriculture oversees the Georgia Hemp Program to ensure compliance with all participants.

List of controlled substances

The state excluded any hemp-derived cannabinoid from its controlled substances list.
Any substance derived from hemp, such as Delta-8-THC, is not considered a controlled substance so long as it is derived from industrial hemp.

Buying and Shipping Delta 8 in Georgia

Delta 8 being legal in the State of Georgia, provides residents with the opportunity to freely purchase Delta 8 products with a shipping address located in the state. Delta-8 THC can also be purchased in-store in the State.

Border States to Georgia:

Florida, Tennessee, South CarolinaAlabama and North Carolina

Advocacy Groups in Georgia Supporting Delta 8 and Hemp Laws

Georgians are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:

Georgia Hemp Association

Georgia Hemp Industries

Peachtree NORML

News stories covering raids or busts on Delta 8 Products and stores in Georgia

4/25/2022

Rise in CBD stores, but what exactly are the products you’re purchasing?

4/19/2022

Delta-8: The New Nicotine

4/18/2022

Judge extends injunction against Gwinnett DA’s cannabis product ban

Injunction issued against Delta-8 and Delta-10 prosecutions in Gwinnett County

4/11/2022

Warning: Kids are getting a hold of Delta-8 gummies, doctors say

Ga. Opposes Vape Shops' Bid To Halt Delta-8 Crackdown

3/29/2022

Police seized $30,000 of THC products during a raid in Georgia, now they have to give it back

Deputies in Danielsville return confiscated pot products

3/25/2022

Delta-8 products targeted by Gwinnett County DA selling ‘like hotcakes’ in DeKalb

3/24/2022

Task force orders North Georgia shop owners to remove Delta 8 THC products from shelves

3/23/2022

Georgia Senate almost voted on cannabis product without realizing it

Judge slams brakes on Gwinnett DA's Delta-8 crackdown

3/21/2022

Judge restrains Gwinnett DA’s cannabis product ban

Judge grants temporary restraining order against Gwinnett DA over Delta 8, 10 raids and arrests

Gwinnett DA Patsy Austin-Gatson faces lawsuit from vaping store owners over Delta 8 prosecutions

Judge temporarily halts Gwinnett DA’s crackdown on Delta-8

3/15/2022

Suit claims cannabis chemical delta-8 legal under Georgia law

Lawsuit: Cannabis chemical delta-8 legal under Georgia law

Sheriff to Catoosa County smoke shop owners: Your Delta 8 products violate state law

3/14/2022

Suit: Cannabis Chemical Delta-8 Legal Under Georgia Law

3/11/2022

Are Delta-8 and 10 legal in Georgia? This firm is suing the Gwinnett County DA's office over the argument

1/27/2022

Officials warn about illegal substances found at Gwinnett County convenience stores

 11/30/2021

"We're concerned": Lee County school officials warn of students using Delta-8 products

6/25/2021

Georgia vape shop raided, 2 arrested for selling delta-8 THC

4/20/2021

Delta-8-THC’s complicated legal status

3/23/2021

Clinton police seize THC products from vape shop, owner argues they're legal

1/7/2021
Cannabis stocks rally anew after Democrats win Georgia Senate race