Disclaimer: The information in this article regarding Delta-8 THC is drawn from comprehensive research. We have made every effort to share the most accurate information available at the time of writing. Remember, the legal status of cannabinoids varies by jurisdiction and can change status over time. The reader is advised to check the legal status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.
If you live in the United States, understanding the legal status of cannabinoids can be a bit confusing. This is especially true for the lesser-known cannabinoids. The legality of Delta-8 THC in particular is complex and constantly changing, with laws varying greatly from state to state.
Delta 8's legal status in Georgia has been the subject of much hype and controversy. The purpose of this article is to clarify the legal status of Delta 8 in Georgia, provide insight into federal and state laws, possession restrictions, and where you can legally purchase Delta 8 products.
Key Takeaways
- According to the 2018 Farm Bill, Delta-8 THC is federally legal as long as it meets the required criteria.
- Thanks to Georgia House Bill 213, Delta-8 THC is legal in the state if it meets the required criteria.
- Delta-8 THC is legal if it is hemp-derived and contains less than 0.3% Delta-9 THC.
- Possession limits and the legal status of Delta 8 in Georgia are defined by state law.
Delta 8 and the Federal Law
The 2018 Farm Bill federally legalized hemp and hemp-derived compounds, provided they contain less than 0.3% Delta-9 THC on a dry weight basis. This legislation led to a surge in the popularity of hemp-derived products, including CBD and Delta-8 THC.
However, the legal status of Delta 8 THC at the federal level remains a gray area. The Drug Enforcement Administration (DEA) has suggested that synthetically derived tetrahydrocannabinols remain controlled substances, but it's unclear if this applies to Delta-8 THC, which can be derived from hemp through chemical conversion.
Commonly referred to as Delta 9's "nicer sibling," Delta-8 THC is generally made by converting hemp-derived CBD. It produces mild psychoactive effects and a high that users claim is "mentally stimulating."
So, going by its method of manufacture and the Farm Bill, Delta-8 THC is legal. Furthermore, any such products, such as edibles, made with Delta-8 THC are legal if they contain less than 0.3% Delta-9 THC by dry weight concentration
Georgia’s Delta 8 Laws
The regulatory framework for hemp and hemp-derived products in Georgia is set forth in the Georgia Hemp Farming Act, which is consistent with the definition of legal hemp in the 2018 Farm Bill.
Under federal law, marijuana-derived products containing Delta-8 THC are legal as long as they contain no more than 0.3% delta-9 THC by dry weight. However, the state has no regulatory mechanism that explicitly addresses Delta-8 THC, resulting in interpretations that operate within the confines of the cannabis legal framework.
Additionally, according to House Bill 213, which was passed by the Georgia State Legislature, hemp-derived Delta-8 THC is legal as long as the Delta-9 THC content doesn’t exceed 0.3%.
Is Delta 8 a Controlled Substance in Georgia?
While Delta-9 THC is considered a controlled substance (if derived from marijuana), Delta-8 THC is not a controlled substance in Georgia, especially if derived legally from hemp.
According to the latest regulations, Delta-8 THC is not considered a controlled substance in Georgia, if it is derived from hemp with a Delta-9 THC content less than 0.3%. This distinction is important to consumers and sellers, because it is legal to buy and possess Delta 8 products in the state.
Delta 8 Possession Limits in Georgia
Georgia does not restrict how much Delta 8 someone can buy and possess as long as it conforms with the legal requirements. This essentially means Delta 8 is permissible if it is derived from federally compliant hemp. Be that as it may, consumers need to be aware of the fluid state of cannabis laws and keep themselves abreast of developments happening in the hemp space.
Is Delta 8 Legal in Georgia?
As of this writing, Delta 8 is legal in Georgia. However, the following caveats apply:
- It must be derived from hemp.
- The source hemp must not contain more than 0.3% Delta-9 THC content by dry weight.
Once these conditions are met, legible persons (over 21 years) can sell, possess, and use Delta 8 products in Georgia. However, note that Delta 8 is mildly psychoactive, so consuming large doses can cause adverse side effects.
Final Thoughts: Is Delta 8 Legal in Georgia?
Cannabis has lots of compounds with cannabinoids being the most abundant. These compounds are noted for their potential health benefits. Given the attention these compounds have been getting lately, it is natural that state and federal agencies have started monitoring them.
While their legal status remains debatable now and in the foreseeable future, the federal Farm Bill has become the go-to document for determining their legality. For now, certain cannabinoids are legal if they are derived from federally compliant hemp. In this tune, Delta-8 THC is legal in Georgia thanks to HB213 and the 2018 Farm Bill.
Where to Buy Delta 8 Online
Are you looking to purchase quality Delta 8 products? We cannot emphasize enough how important it is to buy from reputable vendors who comply with federal and state laws. One such vendor is Botany Farms, a brand known for its vast range of high-quality, lab-tested Delta 8 products.
Botany Farms is committed to transparent manufacturing practices. Visit us at www. botanyfarms.com today and explore our catalog of hemp products including Delta 8. Some of our best sellers include this super tasty Delta-8 Blueberry Kush, this Delta-8 THC Vape Cartridge, and these delectably sweet Delta-8 THC Tropical Mix Gummies.
References:
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9312454/
- https://www.usda.gov/farmbill
- https://www.michigan.gov/cra/resources/consumer-connection/delta-8-information
- https://agr.georgia.gov/sites/default/files/documents/assets/legal/ocga/ocga-georgia-hemp-farming-act.pdf
- https://www.legis.ga.gov/Legislation/20192020/187562.pdf
This article was last updated in April 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis laws in the US, the information herein may become outdated at any time.
Additionally, this article is NOT intended to be legal advice. Botany Farms does NOT provide any legal advice, neither is any individual nor entity associated with Botany Farms. Please consult official state government websites for current information regarding cannabis laws for your state.
