February 16, 2021 7 min read

Delta-8-THC is the newest psychoactive cannabinoid taking the world by storm—and it’s legal, usually. Federal legislation seems to pave the way for legal Delta-8 products, but not all states agree. So, is Delta-8-THC legal in Georgia?

It seems to be so! Georgia hemp legislation includes phrasing that protects all hemp cannabinoids, meaning that Delta-8-THC products are accessible in the state.

Here are a few details you need to know about Georgia Delta-8-THC laws:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Georgia Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Georgia?
Delta-8-THC Possession Limits in Georgia
Is Delta-9-THC Legal in Georgia?
Where to Buy Delta-8 in Georgia
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Georgia has updated their hemp legislation to match federal definitions. They also made changes to the Controlled Substances Act to remove any substance that is excepted elsewhere in Georgia law. Therefore, Delta-8 is legal in Georgia.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You can find it at a limited number of stores in Georgia, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Delta 8 THC and Federal Laws

Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.

More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.

In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.

Here's the catch:

Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.

So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?

To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.

The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.

In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.

The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.

Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.

A close up of the federally legal hemp plants used to make Delta-8-THC products.

Georgia Delta 8 THC Laws

Georgia defines hemp and hemp products the same way as federal legislation defines them—as 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” provided the plant has no more than 0.3% Delta-9-THC by dry weight.

Because Georgia aligns with federal definitions, hemp-derived Delta-8 is protected by state law. Georgia also amended legislations to provide exceptions to “marijuana” and “tetrahydrocannabinols” as listed in their Controlled Substances Act. These clauses now exclude any material that is “specifically excepted” by other state laws, like the state’s hemp legislation.

Of course, Georgia’s hemp laws are stricter than some other nearby states where Delta-8 is legal, like Florida, Alabama, or South Carolina. Georgia laws also state that CBD or hemp-derived cannabinoids cannot be used in edible preparations unless specifically approved by the FDA. That means that while Delta-8 is legal in Georgia, the types of products that can be made and sold in the state are limited.

Still, these laws typically affect manufacturers and not consumers, meaning that all forms of Delta-8 may be accessible to Georgia residents when shopping online.

To further clarify Georgia’s stance on Delta-8, here are some important snippets from the state’s relevant legislation:

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.

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;

Is Delta-8 a Controlled Substance in Georgia?

Georgia specifically updated their Controlled Substances Act to remove any substance that is “specifically excepted” by other state laws. These updates adjusted the state’s stance on certain tetrahydrocannabinols when derived from legal hemp.

Because the state’s legal definition for hemp includes all hemp-derived derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, Delta-8-THC derived from hemp is not considered a controlled substance in Georgia.

Delta 8 THC Possession Limits in Georgia

According to the state of Georgia, all hemp products (including Delta-8-THC) currently exist as an “agricultural commodity” derived from legal hemp material. Therefore, there are no possession limits defined for Delta-8 products within Georgia law.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Georgia?

No. Georgia does not allow high-THC cannabis for either recreational or medicinal use. Georgia does have a limited medical program that allows qualifying medical patients to access low-THC cannabis products, usually from out-of-state-markets.

Where to Buy Delta 8 in Georgia?

Vape pens filled with legal Delta-8-THC oil

According to state hemp laws, legal hemp products can be sold in the state so long as it is produced in accordance with the state’s hemp plan. That means you’re in luck if you’re looking to buy Delta-8-THC in Georgia.

Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

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

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Georgia according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “HB 213” https://www.legis.ga.gov/api/legislation/document/20192020/187562
  5. “TITLE 16. CRIMES AND OFFENSES CHAPTER 13. CONTROLLED SUBSTANCES ARTICLE 1. GENERAL PROVISIONS” https://gbp.georgia.gov/sites/gbp.georgia.gov/files/related_files/document/Title%2016,%20Chapter%2013%20-%20Crimes%20and%20Offenses,%20Controlled%20Substances.pdf

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