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Is Delta 8 THC Legal in Georgia?

January 2022

Georgia’s cannabis industry may sigh a momentary relief. Delta-8 THC, the hemp-derived cannabinoid, can be sold and used in Georgia. Despite the amounting Federal pressure, Delta-8 will continue to be legal in Georgia. At Least for now.

Georgian state law, which is consistent with the Federal law as established in the Agriculture Improvement Act (Farm Bill 2018), does not restrict any hemp-derived flavonoids, cannabinoids, isomers, or terpenes, hemp seeds, or salts.

The only chemical compound obtained from hemp that is banned is delta-9-tetrahydrocannabinol (delta-9 or simply THC), which is classified as a Schedule I substance under the Act (CSA) as well as in Georgia’s Act Of Controlled Substances.


Delta-8 THC Status In Georgia:

  • Delta-8 THC is legal in Georgia under state and federal law for use, possession, sales, and distribution.
  • One may purchase delta-8 THC online in a Medical Marijuana dispensary, vape shops, or head shops in the state.
  • Georgia’s State Law is consistent with FDA regulations; delta-8 dietary supplements, beverages, animal feeds, and foods are all restricted.
  • Delta-10 THC and CBD are also legal in Georgia.
  • Since delta-8 THC is permitted in the state, delta-8 products may be brought into Georgia. Hence you may travel with your Delta-8 into Georgia.
  • Given that the Federal government and DEA continue their crackdown on delta-8 products, Delta-8’s future in the United States of America (including Georgia) appears bleak.
  • Already, fifteen states have prohibited or restricted the use of delta-8 THC. As well, six additional jurisdictions are examining the substance’s legality.

Delta-8 in Georgia’s Legislative History

Following the House and Senate enactment of
HB. 213 in 2019, Georgia passed into law the Georgia Hemp Farming Act. The Georgia Hemp Farming Act is a piece of the state’s legislation intended to conform to the federal guidelines established by the 2018 Farm Bill.

As a result, delta-8 THC and other THC strains had to be scrapped off Georgia’s list of controlled substances, as long as they are sourced from hemp plants with less than 0.3% delta-9 THC.

Since that time, neither the Georgia Hemp Farming Act nor the Georgia Controlled Substances Act has been modified by the state government.

Is Medical Cannabis Legal In Georgia?

In Georgia, medical marijuana is legal, but its use is highly restricted. In 2015, House Bill 1 (also known as The Haleigh’s Act) allowed the use of medicinal cannabis oil that contains up to 0.5 percent THC, up from the federal restriction of 0.3 % THC.

Before patients can be supplied with medical cannabis oil, they must meet 17 eligibility requirements. Crohn’s disease, Epilepsy, chronic pain, and post-traumatic stress disorder (PTSD) are qualifying health conditions.

In nine Georgia jurisdictions, cannabis use and possession have been decriminalized or punished less harshly. South Fulton, Clarkston, Atlanta, and Statesboro all fall under the jurisdiction of this court.

Buy Delta-8 THC In Georgia

You can buy the Best Delta-8 online from Doja Hemp. Our Delta-8 online shop offers premium Delta-8 THC, and we will get it shipped to you on priority after your purchase.

At Doja, we have a story to tell Georgia Delta-8 users. Ever wondered where to get pure and potent Delta-8 THC in Georgia? Your search must have come to an end. Doja Hemp is your delta-8 one-stop shop!

Founded with a sole passion for offering you hemp-based products that are all-natural, we believe quality and premium hemp flower extracts are your portions; Buy our delta-8 for focus.

Our hemp extracts are safe with the plant’s numerous wellness and health benefits. We use the CO2 extraction method to ensure we maintain the terpene profile of our products and cleanliness.

Doja Hemp believes everyone, including Georgia residents, should access effective and safe delta-8 THC. 

Hence, our Georgia delta-8 products are:

✔️ Whole hemp plant extracts

✔️ Solventless CO2 extracted

✔️ Safe

✔️ Third-party batch tested

Avoid low-cost Delta-8 products Sold in convenience stores & Gas Stations

We recommend staying away from low-cost delta-8 products found at convenience stores and gas stations. Several of them are falsely labeled, unclean, and unhealthy. Hence, they pose a health risk.

A Reddit user purchased a delta-8 THC vape cartridge at a petrol station, and the Reddit community was eager to point out the cartridge’s apparent flaws. Its manufacturer does not have a website; all they had was a QR code that directed them to a dubious Certificate of Analysis.

In Georgia, What Type Of Delta-8 THC Is Legal?

In Georgia, Delta-8 derived from hemp complying with the Farm Bill is lawful. Hemp must have less than 0.3 % delta-9 THC to be considered legal. Any hemp strain with a delta-9 THC content greater than 0.3 % is automatically classified as high-THC marijuana, which is prohibited on federal and state levels.

Obtaining delta-8 from high-THC marijuana with a THC content greater than 0.3 percent is prohibited. Any business that manufactures or sells delta-8 items produced from marijuana violates federal and state law. Avoid these products at all costs unless you wish to expose yourself to prosecution.

Which Categories Of Products Are Illegal In Georgia?

Although delta-8 THC is legal in Georgia, selling specific product categories is prohibited.

According to a news release issued by the Georgia Department of Agriculture (GDA), Delta 8, CBD, and any other hemp-derived chemicals are prohibited from being utilized in foods, nutritional supplements, beverages, and animal feed. Why? Because the state laws of Georgia conforms to the FDA’s Food Drug and Cosmetic Act rules (FD&C Act).

THC, CBD, and THC variations are excluded from the FD&C’s definition of dietary supplements and are not permitted to be added to foods or beverages intended for human or animal use.

Can I Travel Into Georgia With Delta-8 THC?

Because usage and possession of delta-8 are legal in Georgia, you can enter the state with hemp-derived Delta-8 products. However, you may not enter Georgia with marijuana that contains a high concentration of THC.

Is Delta-10 Legal In Georgia?

Yes. Georgia has legalized
delta-10 THC. As with delta-8, it is federally protected under the 2018 Farm Bill and is not classified as a controlled substance as long as it is derived from hemp containing less than 0.3 percent THC.

In Georgia, Is CBD Legal?

Yes. CBD obtained from hemp is legal in Georgia, as outlined in the 2018 Farm Bill and Georgia Hemp Farming Act. On the other hand, some CBD products are illegal in the state. Like with delta-8 THC, you should not use CBD in dietary supplements, foods, beverages, or animal feed.

CBD-related FDA Regulations May Be Relaxed As A Result Of New Legislation

In May 2021, Senator Ron Wyden (D-OR) introduced
S. 1698, a bipartisan Senate bill authorizing CBD and hemp-derived compounds in dietary supplements, foods, and beverages.

The bill, dubbed the Hemp Access and Consumer Safety Act, takes issue with the FDA’s rules and aims to change the FD&C Act’s definition of food and dietary supplement. 

The act could allow the marketing and sale of CBD and CBD products as dietary supplements, foods, and beverages.

Georgia’s Pending Legislation That Challenges Legal Status Of Delta-8 

Presently, no state legislation pending in Georgia would affect delta-8’s legal status. 

However, there is a matter of concern among the cannabis enthusiasts’ community about delta-8’s legal status at the federal level, resulting in delta-8 being officially outlawed in the state.

The Federal Government’s Untimely Crackdown on Delta-8 THC Across The United States

In September 2020, the DEA published a contentious
Interim Final Rule (IFR) on the legal status of synthetic THC.

The DEA considers that all tetrahydrocannabinol (THC) synthetically obtained must be classified as Schedule I substances under the Controlled Substances Act. 

What is the significance of this for delta-8?

The DEA’s definition of “synthetically obtained” is decisive. Delta-8 is not a controlled substance in and of itself, but how it is manufactured may make it so. 

Is Delta-8 Synthetically Obtained?

The Definitions Are Interpreted In Various Ways

Delta-8 THC happens to be a minor cannabinoid, which means it is found in trace amounts in hemp plants (less than 1%). 

Given the amount of delta-8 in hemp plants is insufficient to manufacture delta-8 products, companies have to convert CBD to delta-8. Specialized chemicals in a laboratory setting are used to isomerize CBD structurally.

Hence, this is where the ambiguity arises. According to some, the DEA is just applying the dictionary meaning of “synthetic” to delta-8 and its manufacturing process. 

According to the dictionary, synthetic is defined as “related to, or created by biochemical or chemical synthesis.” Now, because chemicals are utilized in the conversion process of CBD, delta-8 may potentially fall under this definition of a controlled substance.

On the other hand, others feel the conversation process has nothing to do with synthetics, as CBD is derived naturally from the hemp plant and is not a synthetic substance.

In other words, producers do not synthesize CBD from scratch and disregard naturally occurring chemicals. Delta-8 is not a controlled substance if this is true.

Raids in Georgia Cast More Questions On The Future Of Delta-8

According to recently filed reports, the Georgia Bureau of Investigation (GBI) raided several Atlanta Vapor stores in Georgia, each of which stocked delta-8 items.

According to a Reddit user, five storekeepers were arrested. Afterwhich, they were charged for having a controlled substance. The products and some cash were seized as well.

The publisher of the eye-opening post requested additional information from the Fayette County District Attorney’s office.

According to an assistant district attorney, the DEA and GBI raided delta-8 carts and discovered they included more than the legal delta-9 THC limit. Worse yet, the assistant district attorney asserted that delta-8 carts are unlawful in Georgia and classified as marijuana. 

A multi-county task team has been established to combat unlawful delta-8 production.

Apart from this, state officials, the DA, and the GBI have made no other statements about delta-8 THC’s legality. 

For the time being, we feel this is an error on the part of the assistant district attorney and that delta-8 remains legal.

Wrap Up: Delta-8 THC’s future in Georgia

With The DEA and the federal government moving in, the legality of delta-8 in Georgia and around the United States is being called into doubt. 

Fifteen states have imposed restrictions or outright prohibitions on delta-8 THC, while another six are presently debating the substance’s legal status. 

Georgia, thankfully, has taken no steps to outlaw the ownership, sale, use, and distribution of delta-8 THC, which provides optimism to merchants and users. 

We can only wait and see what happens. However, residents of Georgia may freely buy delta-8 products for the time being.