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Delta 8 THC in Georgia: Is it Legal?

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Delta 8 THC is a unique cannabinoid found in the hemp plant and is expanding in popularity nationwide with promising applications, both medically and recreationally. While Delta 8 THC features familiar properties to Delta 9 THC, the main chemical found in marijuana, it has completely different effects and generally less potency.

But now you ask, is Delta 8 THC legal in Georgia?

Related article: What is Delta 8 THC?

Yes, Delta 8 THC is legal in Georgia

As of today (09/24/2020), Delta 8 THC is legal according to Georgia state law. Like the federal law, Georgia has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.

Delta 8 THC in Florida also follows these same guidelines and it'll be interesting to pay attention to in the coming years to see if they diverge.

Here are the laws:

HOUSE BILL 213

AN ACT…to amend Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to schedules, offenses, and penalties regarding regulation of controlled substances, so as to revise the definition of the term “marijuana”(§ 16-13-21. (16)); to provide an exception to the scheduling of tetrahydrocannabinol and tetrahydrocannabinolic acid as controlled substances(§ 16-13-25. (3). (P)); to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

2-23-3. Definitions

(3) ‘Federally defined THC level for hemp’ means a delta-9-THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. Section 5940, whichever is greater.

7 U.S. Code § 5940.Legitimacy of industrial hemp research

(2) Industrial hemp

The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(5) ‘Hemp’ means the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level.

(6) ‘Hemp products’ means all products with the federally defined THC level for hemp-derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for legal commercial sale, but not including food products infused with THC unless approved by the United States Food and Drug Administration.

(11) ‘THC’ means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.

(Full Bill)

TITLE 16. CRIMES AND OFFENSES. CHAPTER 13. CONTROLLED SUBSTANCES. ARTICLE 1. GENERAL PROVISIONS

§ 16-13-21. Definitions

(16) “Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination

§ 16-13-25. Schedule I

(3) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers (whether optical, position, or geometrics), and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(P) Tetrahydrocannabinols which shall include, but are not limited to:

(i) All synthetic or naturally produced samples containing more than 15 percent by weight of tetrahydrocannabinols; and

(ii) All synthetic or naturally produced tetrahydrocannabinol samples which do not contain plant material exhibiting the external morphological features of the plant cannabis;

(Full Bill)

Cannabis Policy in Georgia

Where we do not know how long until marijuana will be legal for recreational purposes, in April 2019, Gov. Brian Kemp signed into law a new bill that would allow medical marijuana to be grown and sold in Georgia, which is traditionally the first step to legalization. With the recent policing reform bill, The Georgia Justice Act, up to a half ounce of marijuana will be considered a misdemeanor punishable by a maximum of $300 without the threat of jail time.

Did you know Hometown Hero is an official Hemp Cup winner?

Buy Delta 8 THC online in Georgia

Want Delta 8 THC in Georgia? Be sure to check out all of our amazing Delta 8 THC Products. Because who doesn’t want to feel this great when enjoying a nice Georgia peach!

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