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Yes, Delta-8 THC is legal in Georgia—but with new restrictions.
As of October 1, 2024, Georgia passed Senate Bill 494, significantly tightening its regulations on consumable hemp products, including Delta-8. While Delta-8 remains legal under state law, there are new limits on who can buy it, what types of products are allowed, and how it must be tested.
Here are a few details you need to know about Georgia Delta-8-THC laws:
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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
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.
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To further clarify Georgia’s stance on Delta-8, here are some important snippets from the state’s relevant legislation:
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.
(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.
(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
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(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;
In October 2024, Georgia enacted Senate Bill 494, which introduced several important changes to the state’s hemp laws:
21+ Age Restriction: Consumers must be 21 or older to legally purchase consumable hemp products, including Delta-8.
Mandatory Product Testing: All Delta-8 products must be tested by a licensed laboratory and carry a full panel certificate of analysis (COA) that is updated annually.
THCA Now Counts Toward THC Limit: Georgia now includes THCA in total THC calculations. This means that if a product's THCA content would cause it to exceed 0.3% THC after decarboxylation, it is considered illegal.
Food Restrictions: Food items intended for physical sustenance, like brownies or cookies, cannot be infused with Delta-8 THC. However, gummies and beverages are still permitted.
Ban on Flower & Leaf: Georgia has banned the sale of hemp flower and leaf, regardless of its Delta-9 THC content.
Is Delta-8 a Controlled Substance in Georgia?No, Delta 8 is not a controlled substance in the state of Georgia. However, under SB 494, products must meet new requirements related to testing, age restrictions, and THC content (including THCA). Delta-8 products that do not comply with these standards may now be considered unlawful to possess or sell.
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.
Georgia's Delta-8-THC laws do not specifically prohibit or address the sale of Delta-8 in the state. Instead, Delta-8-THC products are subject to the same laws as other hemp products in the state according to the terms laid out by the Farm Bill.
In other words, Delta-8-THC products can be sold in the state, but laws may prohibit certain types of products from being sold.
There are no explicit possession limits defined in Georgia law for hemp-derived Delta-8 THC.
However, only products that meet the legal testing requirements and THC thresholds (including THCA) are protected under the law. Products that exceed the 0.3% THC threshold after decarboxylation may be considered illegal under Georgia’s SB 494.
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.
You can legally buy Delta-8 THC in Georgia, but there are important restrictions to be aware of:
Only consumers aged 21+ may purchase Delta-8.
Products must come with a full-panel COA from a licensed lab, updated yearly.
The sale of hemp flower and leaf is banned, so smokable Delta-8 flower is no longer legal in Georgia.
Edibles like gummies and non-alcoholic beverages are allowed, but baked goods or food meant for physical sustenance (e.g., brownies, cookies) are prohibited.
While some gas stations and stores may still carry non-compliant products, it’s best to buy from reputable online brands that meet Georgia’s updated standards.
At Vida Optima, 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.
Looking for legal Delta-8-THC you can buy in Georgia? Check out our Elev8 Collection.
Yes. As of October 2024, Georgia law requires you to be 21 years or older to purchase any consumable hemp product, including Delta-8 THC. This is part of the updated legislation passed under Senate Bill 494.
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.
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No, Delta-8 THC is not banned in Georgia. It is legal under state law, aligning with federal regulations that permit hemp-derived cannabinoids, including Delta-8 THC.
Some gas stations may still carry Delta-8 products, but consumers should exercise caution. Many may not meet the new legal testing and labeling standards, and selling banned products like Delta-8 flower is now illegal. Always check for a COA and ensure the product complies with Georgia’s updated 2024 hemp laws.
Hemp-derived Delta-9 THC products containing less than 0.3% Delta-9 THC are legal in Georgia. Delta-9 THC derived from marijuana is illegal except for medical use under the state's medical marijuana program for low THC oils.
Delta-10 THC is generally considered to be less potent than Delta-8 THC. Delta-10 offers a milder psychoactive effect, often described as more uplifting and energizing, compared to Delta-8's more relaxing and sedative effects.
No. As of October 1, 2024, Georgia law bans the sale of hemp flower and leaf, including Delta-8 flower, regardless of its THC content.
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