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. Learn about the current legislation for buying and selling this substance in Georgia.
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:
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:
News stories covering raids or busts on Delta 8 Products and stores in Georgia