Is Delta-8 THC Legal in Georgia?

After the House and Senate passed HB 213, the Georgia Hemp Farming Act became law. The legislation is designed to coincide with the federal guidelines set forth in the 2018 Farm Bill, which legalizes all hemp-derived products—including Delta-8 THC and other CBD products—that carry no more than 0.3 percent delta-9 THC. 

Is Delta-8 THC Legal in Georgia? 

So, under state and federal law, you can legally use and possess delta-8 THC in Georgia. Since all hemp products are considered an “agricultural commodity” derived from legal hemp material, there are no limits to how much delta-8 THC you can carry. However, many retailers require consumers to be at least 21 years old to purchase delta-8 products. 

What is Delta-8 THC? 

Delta-8 has a similar structure as delta-9, but delta-8's double bond is on the eighth carbon atom, while the delta-9's double bond is on the ninth. This small difference in chemical structure makes delta-8 less intoxicating by approximately 50 to 70 percent compared to delta-9. 

Where Can I Purchase Delta-8 in Georgia? 

You can buy delta-8 products from in-store CBD vendors and dispensaries, as well as online from licensed sellers. Although they may be sold in gas stations, some of these delta-8 products are potentially hazardous. 

Yet, under the Food Drug and Cosmetic Act, CBD, THC, and other hemp derivatives are prohibited from being added to foods and beverages made for human or animal consumption. In other words, delta-8 cannot be used in foods, drinks, animal feed, and dietary supplements. 

Is Delta-8 THC Legal Under Federal Law? 

At the federal level, the legality of delta-8 THC is questionable. According to an Interim Final Rule (IFR) issued by the Drug Enforcement Agency (DEA), all “synthetically-derived” THC—products produced by chemical or biochemical synthesis—must remain under Schedule I of the Controlled Substance Act. Since delta-8 involves using chemicals in a CBD conversion process, the product is technically a controlled substance under federal law. 

Is Delta-8 THC Legal in All 50 States? 

Although delta-8 THC is legal in Georgia, 15 states have already banned or restricted the product. Furthermore, six other states are reviewing its legal status. 

If you have been arrested for alleged marijuana possession in Gwinnett County, contact Daniels & Taylor, P.C. today at (770) 285-1673 to schedule a free office consultation. Serving Lawrenceville and beyond since 1994! 

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