Delta 8 THC Georgia Legal Guide

January 19, 2022

Delta 8 THC Georgia Legal Guide by Sneha Solanki at CBD Origin

Introduction

The growing popularity of psychoactive unique hemp-derived cannabidiol compound Delta-8 THC after the passing of farm bill 2018 has been phenomenal. Its euphoric, stimulating effect, similar to marijuana, has been the source of its widespread popularity. Statistically, in the first 8 months of 2021, there were 22.3 million delta-8 searches in the United States alone. But at the same time, insufficient regulation and sanctions related to delta-8 THC federally and state-level has caused people to rush to develop lucrative markets by producing a wide range of products without adhering to the basic fixed limit of 0.3% THC. People are unaware of what the Farm Bill is and what state laws state about Delta-8 THC, its effects, consumption, and any guidelines for its sale.

The good news, Delta 8 is legal in Georgia! Suppose you consider buying, consuming, selling Delta 8 THC products, or cultivating hemp in Georgia. In that case, this is the ultimate Delta-8 THC Georgia Legal guide that you need to get started.

What is Delta-8 THC?

Delta-8 THC is commonly known as the euphoric isomer, the psychoactive compound derived from two varieties of cannabis, Sativa plants, marijuana, and hemp. Also known as the younger sibling of Delta-9 THC, Delta-8 THC is different in the molecular structure, which lessens its affinity for the CB1 receptor and consequently has less THC, the main component which gets you high.

History and Current Legislation Delta 8 THC in Georgia

In 2018, the US passed the farm bill that legalized hemp-derived products without stating the Delta-8 THC. The law removed cannabis and derivatives of cannabis having a low concentration of delta-9 THC within not more than 0.3% of Tetrahydrocannabinol on a dry-weight basis. This bill removed delta-9 and other forms of THC from schedule 1 of the controlled substance list. Georgia defines hemp similarly to the farm bill and counts it under agricultural commodity.

Followed by the passing of house bill 213, to amend the official code of Georgia relating to agriculture to enact the Georgia hemp farming act to fall in line with the farm bill.

Further, as the production of Delta-8 THC grew, people found a different yet simple alternative to a process called isomerization to derive Delta-8 THC. After which drug enforcement administration(DEA) issued interim rule finance. Which stated, “Synthetically-derived” THC refers to products produced through biochemical or chemical synthesis that will still come under the controlled substance list.

Is Delta-8 Truly Synthetically Derived?

Is Delta-8 Truly Synthetically Derived

This is a major legal gray area, as there’s no definition given by DEA; hemp being a compound that occurs naturally, which is not produced “chemically or biochemically” doesn’t satisfy the definition in a literal sense. The authorities’ silence regarding the same doesn’t give a satisfying conclusion if delta-8 THC should be termed as synthetically derived.

Going next step forward, Georgia, in 2019, signed the Georgia hope act, also known as house bill 324, to oversee the sale of low-THC cannabis oil. Through this bill, a 5-member medical cannabis commission was set up to oversee the oil’s production, sale, manufacturing, and dispensing. Which allows the patients suffering from specific medical conditions and require the consumption of cannabis.

Can you Cultivate Hemp in Georgia Without a License?

No. You need to get an annual license to cultivate hemp in Georgia. To receive that license, you need to full the following requirements:

You must be a qualified agriculture producer who qualifies and obtains a Georgia agricultural tax exemption(GATE) card.
Submit legal description and disclose GPS coordinates and pass the criminal background check by the local law enforcement
Submit the GDA and copy of the written agreement between the hemp grower and the applicant within 10 days of the execution of the agreement
Provide affidavits in the form prescribed by GDA
Provide requisite fees of $25000 for the 1st year followed by the annual renewal of $10000 for getting the hemp grower permit and $50 per acre up to $5000 to get the annual hemp grower license

Hemp harvested by license holders is subject to inspection to determine THC content. If the THC content is found to be above the threshold limit of 0.3%, then the entire crop will have to be destroyed, and the processors must reimburse half of the total cost of production.

Is THC Delta-8 Legal in Georgia?

HEMP

Georgian residents, You will be happy to hear that distribution, sale, possession, and consumption of Delta-8 THC is legal in Georgia.

Frequently Asked Questions

Question: What is the Possession Limit of Delta 8 THC in Georgia?

Answer: As per Georgian law, all hemp-derived products will be counted as an agricultural commodity. Hence, there’s no cap on the possession limit.

Question: Difference Between Marijuana, Cannabis, Hemp, Delta-8, and Delta-9?

Answer: While these terms are frequently used in the topic, it’s important to understand the basic difference between them.

Marijuana and cannabis are generally the same, and both words are used interchangeably.
Hemp and marijuana both are cannabis plants; the difference is in the concentration of THC, which is less than 0.3% in hemp and more than 0.3% in marijuana.
Delta-8 and Delta-9 have the same molecular structure, and both compounds bind to the same receptor. The difference between them is in their psychoactive effects. The former has a greater and stronger effect than the latter.

Question: Can you Sell Delta 8 Without a License in Georgia?

Answer: Yes, but make sure that you have adequate proof of lab testing to show that you are selling products under the prescribed limit. You have purchased them from a licensed grower, or you are the licensed grower, failing which you could face prosecution and product confiscation.

Question: Is Delta-8 THC Safe?

Answer: There is no denying that delta 8 THC has a milder effect than marijuana and CBD. Still, the fact remains that extreme consumption of it can be harmful too. Unfortunately, there are no recommended guidelines and cap about the ideal consumption per person, making it a health concern.

Question: Is Cannabis Legal in Georgia?

Answer: No, apart from the selective use of medical marijuana for certain medical conditions, the use of cannabis is strictly prohibited and, if used, can attract strict state laws and legal consequences.

Question: Do You Have to Be 21 to Buy Delta-8 Products in Georgia?

Answer: There’s no federal or state regulation related to age to buy delta-8 products; however, some retailers require customers to be at least 21 years old.

Question: Can you Travel to Georgia with Delta-8?

Answer: Currently, there are no settled laws on this; it depends on various factors, including where you are traveling to and from if you have the proper documentation, how you are carrying it, the mode of transportation, etc. When traveling through the air, it depends on airline discretion. It has been clarified by the Transportation and Security Administration(TSA) that they are not searching for drugs irrespective of their legality. However, if they feel there’s something wrong with the possession of drugs, it will be directed to the local police force. In addition, airlines have packaging requirements for these products, so be sure to follow them to have hassle-free traveling.

Question: What are the Types of Delta-8 THC Products in Georgia?

Answer: You can find a wide range of Delta-8 THC products like edibles, tinctures, vape cartridges, gummies. Customers have the freedom to choose products as per the Delta-8 THC concentration ranging from 5.6% to 10%. Delta-8 products come in two varieties, one with pure Delta-8 and one mixed with CBG and CBD hemp flowers.

However, please keep in mind that as per the food drug & cosmetic act, there are no products that contain Delta 8 or CBD that are considered FDA approved. If you buy edibles or other consumables like drinks for yourself or your pet, it won’t be FDA approved.

Question: Are THC Cartridges legal in Georgia?

Answer: The legality of THC cartridges has been a complex issue for the longest time as more and more people are choosing THC vape cartridges over cigarettes. Still, like any other delta-8 THC product, if the product has less than 0.3% of THC, then it’s legal.

Question: Where Can I Buy Delta 8 in Georgia? Can I Buy Them Online in Georgia?

Answer: You can find these products readily available online and offline on gas stations, dispensaries, head shops, and vape stores. As these products occupy a young space in the market, make sure to check the following points before considering buying online as well as offline:

Brand value: Delta 8 THC presently dominates the market with several unregulated products, and it is, therefore, essential to verify that the products are manufactured by a reputed company.
The source of the hemp: Variety in Growing, processing, and manufacturing of hemp can have an immense effect on the concentration of THC, and it can easily surpass the fixed limit of 0.3%
Lab testing of the products and their results or third-party testing: Unlike other states, Georgia doesn’t have a guideline to mention important information about the lab testing, ingredients used, or any link through which you can access it, so it becomes even more important to check by yourself or enquire about if the product is tested and ideal for human consumption.
Type of extraction: Hemp can be derived in two ways, one directly from the hemp plant in which it occurs naturally. The other is through a process called isomerization.

Some of the websites where you can find delta-8 THC online in Georgia are:

ATLRx
Binoid CBD
Diamond CBD
Exhale Wellness
Blue Moon Hemp
Secret Nature CBD.

Question: Will Delta 8 Show up on a Drug Test?

Answer: Yes, Delta 8 THC will show up on the drug test; the reason behind it is the similarity with Delta 9, which has more concentration of 0.3 THC than Delta 8. Due to the lack of advanced screening methods, its finding or scaling the consumption level is difficult. This also depends on the kind of test being done. The blood test can be shown 2 weeks after stopping the consumption; in the hair sample, it can show up till 3 months after stopping the consumption.

Question: Is Delta-9 Legal in Georgia?

Answer: It is a more or less trick question; the short answer to this is YES! Technically, Delta-9 having a maximum allowable concentration of 0.3% of THC is legal in Georgia.

Conclusion

While it feels like a blessing for people who want to experience a mild high factor, there are no surrounding fixed regulatory laws related to its consumption and production. Because of these loopholes and the lack of fixed sanctions, people try to evade the process of producing legalized hemp and delta-8 THC products and instead jump on to create high THC concentration THC products with zero credibility. There’s a dire need to set up a control system at the federal and state levels to set up minimum age requirements, certifying agencies. Clear definitions, fines, and punishments to make this young market of delta-8 THC regulated and ensure the products are consumed responsibly and without mishap.

Future of Delta-8 THC is the United States

The compound is legal in over 28 states. In comparison, 19 states have either restricted, banned, or regulated, and 4 states are currently reviewing its legality. In light of how states have welcomed the legalization of this new compound, it seems that this is here to stay. It is simply the lack of a law in place that is causing states to consider its legality.