Is Delta-8 Legal in Georgia?
Growing federal pressure isn’t stopping Delta-8 in Georgia no matter how hard they try.
Good news! Possession, use, sale, and distribution of hemp-derived delta-8 THC is currently legal in Georgia.
According to Georgian state law, which coincides with federal law outlined in the Agriculture Improvement Act (Farm Bill 2018), all hemp-derived cannabinoids, terpenes, flavonoids, isomers, salts, and seeds are not prohibited within the state.
The only illegal hemp-derived compound is delta-9-tetrahydrocannabinol (delta-9 or just THC), which is categorized as a federally illegal under Schedule I of the Controlled Substances Act (CSA) and Georgia’s own Controlled Substances Act.
Delta-8 in Georgia:
- Under state and federal law, the use, possession, sale, and distribution of delta-8 THC is legal in Georgia.
- You can purchase delta-8 online or in CBD dispensaries, vape stores, and head shops located all across the state.
- Delta-8 beverages, foods, dietary supplements, and animal feed are prohibited due to Georgia’s state law coinciding with FDA guidelines.
- CBD and delta-10-THC are also legal in Georgia.
- Because delta-8 is legal in the state, you can travel into Georgia with delta-8 products.
- The future for delta-8 in the U.S. (incl. Georgia) is looking shaky — the federal government and the DEA are clamping down on delta-8 products.
- 15 states have already restricted or banned delta-8. Six more are reviewing its legal status.
Legislative history surrounding delta-8 in Georgia
Following the passing of HB. 213 in the House and Senate in 2019, Georgia enacted the Georgia Hemp Farming Act, a piece of state legislation designed to fall in line with the federal guidelines set out by the Farm Bill 2018. This means delta-8 and other THC variants were removed from Georgia’s own controlled substances list, provided they’re derived from hemp carrying no more than 0.3% delta-9 THC.
Since then, Georgia’s state government has not amended the Georgia Hemp Farming Act nor have any changes been made to its Controlled Substances Act.
What about medical cannabis legalization?
Medical cannabis is legal in Georgia but its use is very limited. In 2015, HB. 1 (otherwise known as The Haleigh’s Act) legalized medical cannabis oil carrying up to 0.5% THC, as opposed to the federal 0.3% THC limit.
There are 17 qualifying conditions to be met before patients are prescribed medical cannabis oil. Qualifying conditions include epilepsy, Crohn’s disease, intractable pain, and post-traumatic stress disorder (PTSD).
Nine jurisdictions in Georgia have decriminalized or reduced penalties for cannabis use and possession. Jurisdictions include Atlanta, Clarkston, South Fulton, and Statesboro.
Buying delta-8 in Georgia
You can purchase delta-8 products in Georgia from licensed online and in-store CBD vendors and dispensaries. There are several physical CBD dispensaries and vape shops located around the state, namely in Atlanta, Peachtree City, Fayetteville, and Sharpsburg. If you’re shopping online for D8 products, you can find numerous vendors ready to ship to addresses in Georgia. See our list of recommended delta-8 products you can purchase online.
Avoid cheap D8 products sold in gas stations
We recommend staying away from cheap delta-8 THC products sold in gas stations and convenience stores. Some of them are unsafe, unclean, labeled incorrectly, and potentially hazardous to your health.
One Reddit user picked up a delta-8 THC vape cartridge from a gas station and the Reddit community was quick to point out its glaring flaws. The company that produced it had no website, just a QR code taking them to a questionable Certificate of Analysis. Avoid.
What kind of delta-8 THC is legal in Georgia?
Delta-8 sourced from Farm Bill compliant hemp is legal in Georgia. In order for the hemp to be legal, it must carry less than 0.3% delta-9 THC. Any variety of hemp over this 0.3% delta-9 limit is immediately considered high-THC marijuana, which is categorized as illegal at both state and federal levels.
If delta-8 is sourced from high-THC marijuana carrying above 0.3% THC, it’s illegal. Any company producing or selling marijuana-derived delta-8 products is in breach of state and federal law. Stay away from these products unless you want to risk prosecution.
Which product types are not legal in Georgia?
Despite delta-8 THC being legal in Georgia, there are a few product types not permitted within the state.
As outlined in a press release published by the Georgia Department of Agriculture (GDA), CBD, delta-8, or any other hemp-derived compounds cannot be used in beverages, foods, animal feed, and dietary supplements. Why? Because Georgian state law falls in line with the regulations set out by the FDA in its Food Drug and Cosmetic Act (FD&C Act).
The FD&C excludes CBD, THC, and THC variants from its definition of dietary supplements and prohibits them from being added to foods and drinks for human and animal consumption.
Can you travel to Georgia with delta-8
Since the use and possession of delta-8 THC is legal, you can travel into Georgia with D8 products sourced from hemp. However, you cannot travel into Georgia with high-THC marijuana in your possession.
Is delta-10 THC legal in Georgia?
Yes. Delta-10 THC is legal in Georgia. Like delta-8, it’s federally protected by federal law as outlined in the Farm Bill 2018 and not listed as a controlled substance, provided it’s sourced from hemp carrying less than 0.3% THC.
Is CBD legal in Georgia?
Yes. Hemp-derived CBD is legal in Georgia under state and federal law outlined in the Georgia Hemp Farming Act and Farm Bill 2018. However, certain CBD products are prohibited under state law. Similar to delta-8 THC product limitations, you cannot purchase CBD in beverages, food, dietary supplements, animal feed.
New legislation could see a relaxing of FDA rules on CBD
In May 2021, S. 1698, a bipartisan Senate bill led by Senator Ron Wyden (D-OR), was introduced to allow the use of CBD and other hemp-derived compounds in foods, beverages, and dietary supplements.
The bill, otherwise known as the Hemp Access and Consumer Safety Act, challenges the FDA’s guidelines and seeks to amend the definition of a dietary supplement and foods in the FD&C Act. This would permit CBD and CBD products to be marketed and sold as foods, beverages, and dietary supplements.
Upcoming legislation in GA that could change legality of delta-8
There is currently no upcoming state legislation that could change the legality of delta-8 in Georgia, though there is concern among the CBD and cannabis communities over its federal legality, which could see delta-8 outright banned within the state.
The federal government cracking down on delta-8 across the U.S.
Back in September 2020, the Drug Enforcement Agency (DEA) issued a controversial Interim Final Rule (IFR) addressing the legal status of synthetic THC.
The DEA believes all “synthetically-derived” THC (tetrahydrocannabinols) must remain under Schedule I of the Controlled Substances Act. What does this have to do with delta-8? You see, delta-8 isn’t specifically a controlled substance but how it’s made could see it become one. It’s all down to the DEA’s definition of “synthetically-derived”.
Is delta-8 synthetically-derived? Interpretations of the definition
Delta-8 THC is a minor cannabinoid, meaning less than 1% can be found in hemp plants. Since this isn’t enough to create delta-8 products, producers must convert CBD into delta-8 via a structural isomerization process using specialized chemicals under laboratory conditions.
And herein lies the confusion. Some argue the DEA is taking the dictionary definition of “synthetic” and applying it to delta-8 and the way it’s produced. The dictionary definition is “relating to, or produced by chemical or biochemical synthesis”. Now, because chemicals are used in the CBD conversion process, delta-8 could technically be a controlled substance under this definition.
However, others believe the process has nothing to do with synthetics since CBD is taken naturally from the hemp plant and isn’t a man-made chemical. In other words, producers neither create CBD from scratch nor do they ignore natural compounds. If this is the case, delta-8 is not a controlled substance.
Recent raids in Georgia spell more doubt over delta-8’s future
According to recent reports, the Georgia Bureau of Investigation (GBI), under consultation with the DEA, raided several Georgian vape stores belonging to Atlanta Vapor, each one stocking delta-8 products.
According to a Reddit post, five were arrested and charged for trafficking a controlled substance. Cash and products were also seized.
The user who published the post called up the Fayette County DA’s office for details. According to an assistant DA, the GBI and the DEA raided delta-8 carts and found them to contain more than the legal limit of delta-9. Worse, the assistant DA claimed delta-8 carts are illegal and considered a type of marijuana in Georgia. A multi-county task force has now been set up to crack down on illegal delta-8.
So far, no other comments have been made by state officials, the GBI, or the DA on delta-8’s legality beyond this. For now, we believe this is an error on the assistant DA’s part and delta-8 remains legal, at least for now.
Closing thoughts: The future for delta-8 THC in Georgia
With the federal government and the DEA closing in, there’s a question mark over delta-8’s legality in Georgia and across the entire US. 15 states have either restricted or outright banned delta-8 THC, while a further six are currently reviewing its legal status. Thankfully, Georgia has not made any moves to prohibit the possession, use, sale, or distribution of delta-8, bringing hope to vendors and users alike. All we can do is wait and see. But, for now, you can freely enjoy delta-8 products in Georgia.
Is it legal to buy weed seeds in georgia
Washington, coincidentally nicknamed The Evergreen State has become one of the most cannabis-friendly areas of the country. Medicinal cannabis has been legal since 1998 and on Nov. 3, 2012, Washington residents voted to legalize recreational cannabis. The general attitude towards the herb is very relaxed, especially in the Seattle area. Every August, when Seattle hosts the iconic Hempfest, you will see the Seattle Police cruising around on bicycles handing out munchies along with the laws about cannabis use in the state of Washington.
Initiative 502 is the law passed that allows for the cultivation and recreational use of weed for individuals 21 and up. In the years since legalization, a significant number of legal recreational cannabis shops have appeared all over Washington – here is a map to find one near you. Shop at one of these stores to ensure that your purchases are legal. You can also examine the packaging of your pot products to ensure legality – each legal item will be clearly labeled with the total THC percentage. Edibles serving sizes will not exceed 10-milligram serving sizes. You should always be able to receive a receipt following your purchase at a recreational store.
There are limits to how much cannabis you can purchase and possess at one time. You can only hold one ounce of cannabis flower (28 grams), 7 grams of extract for inhalation, 16 ounces of infused product in solid form, or 72 oz. in beverage form for both edibles and topicals.
If you drive after smoking cannabis, you can be arrested and convicted of a DUI, so do not get behind the wheel if you have partaken. Washington has a legal limit of 5 Nanograms/mL of blood and it applies in a similar fashion to the .08 Blood Alcohol Content test. Seattle has a lot of public transportation, and you can always call a cab or use Uber/Lyft. Transporting weed across state lines is illegal and strongly discouraged.
The best advice we can give for tourists looking to partake in the cannabis culture is discretion. It’s best to keep your cannabis use out of public areas, but if you must smoke out in the open, a discreet vape pen is your best option.
If you are a lawyer in Washington who would like to advertise your services here, please email us at [email protected]
Is cannabis legal in Washington?
Yes, medical and recreational cannabis use is legal in Washington. You must be over the age of 21 to purchase or have a medical cannabis card from a licensed doctor. Med cards must be prescribed in Washington. If you find yourself in a pinch with the law. Can I get my Medical Card if I am not a Washington Resident?
Unfortunately not, but tourists can get a medical card in Oregon. Don’t worry though, the products are virtually the same in Washington. The only difference is the tax rate.
What do you need to purchase cannabis in a licensed cannabis shop?
All you need is any valid form of government-issued identification, from anywhere in the world, proving that you are over the age of 21.
What types of cannabis will the stores sell?
You will see a number of different flower strains categorized by their strains ranging from strong Indicas to strong Sativas and everything in between. Each strain can have different effects so be sure to ask the budtender for assistance in choosing the best cannabis for you. Strong Sativas strains are known for their general uplifting, energizing, and head high effects while Indicas are known for their full body highs and sedative effects.
Recreational cannabis stores will also sell a number of other types of cannabis products, including but not limited to:
- Concentrates essential oils of the cannabis plant. Warning: these can be very potent!
- Edibles: Cannabis-infused foods, candies, or drinks. Warning: These can be very potent! Be sure to check the serving size before enjoying and remember the effects can take up to an hour to hit you.
- Transdermal Products: creams, lotions, massage oils, and such infused with cannabis. These products are not psychoactive and will not get you high.
Where can I buy cannabis Seeds in Seattle?
Unfortunately, you cannot buy cannabis seeds in Seattle or anywhere in Washington through legal retail stores. Mail-order seed companies do operate in the US & Canada, but their legal status remains in the grey / black market realm.
How much will it cost?
Legal cannabis in the state of Washington is going to be reasonable, between $7 and $25 a gram depending on the quality and strain. The Washington government started with an extremely expensive tax system that charges a 25% excise taxes each step of the way from producer to processor to retailer, and an additional sales tax of 9.5% to the consumer. Once the industry matured, they dropped that tax down to around 37% at the retail level only which makes it affordable at the retail level.
Where can I buy it?
Although you cannot buy cannabis at gas stations or liquor stores just yet, you can buy it at any state-licensed store. For a list and map of current locations check out our Retail Shop Guide! If you do not have a medical card, you cannot buy it from Medical cannabis Dispensaries.
How much cannabis can I buy?
The state law has capped the legal amount you can purchase and possess at any one time depending on the type of product:
- Flower: One Ounce (28 Grams)
- Extracts and Concentrates: 7 grams of extract for inhalation
- Edibles: 16 oz. of infused product in edible form or 72 oz. in beverage form
- Topicals: 16 oz. of infused topical product in solid form or 72 oz. in liquid form
Can I buy edible cannabis products in Washington?
Yes! Of course, you can! Though there are a few caveats regarding these. The Washington State Liquor and Cannabis Board has tried to take as many steps as possible to ensure that edibles are not overly enticing to children, so some products will not be legally produced, such as gummy candies, and others. Also, the packaging on edible wrappers must not look too much like a non-infused candy product, otherwise, it could be easily confused. With that being said, go get some chocolates, mints, teas, capsules, or anything else you could dream up! Enjoy!
Can I take cannabis home if I live in another state or country?
No. All cannabis and cannabis products purchased in Washington must be consumed in Washington.
Where can I consume my recent purchase?
Legally, you can only consume cannabis in private or you risk a civil penalty of $100. In the city of Seattle, the fine for public consumption is $27. It is common to see citizens consuming cannabis in public in Seattle, particularly at events like Hempfest.
We do not recommend breaking the law, but just walking around in downtown Seattle you will most likely see someone violating the public consumption law. The Seattle Police Department has placed cannabis violations as one of their lowest priorities.
How Many Cannabis Plants Can I Grow in Washington?
Sadly, without a producer/processor license from the state – which is NOT easy to get, you are not legally allowed to grow any cannabis whatsoever in Washington state. Licensed producers/processors even must take extra precautions to ensure that no seeds make it into batches that go out to the public to try to prevent anyone from easy access to growing illegally. It would be nice if the state would allow for home cultivation like many of the other legal rec states do, but c’est la vie. We’ll live to smoke another day!
What is a dab?
Dabs are often compared to the hard liquor of the cannabis world and can be found in many forms. Dabs are the essential oils and waxes of the cannabis plant that are extracted and concentrated into a potent wax form. They are known for their high concentration of THC. Smoking a dab is much stronger than smoking flowers. If you are not a regular cannabis consumer with a high tolerance, we recommend using extreme caution.
If you’re considering purchasing or doing a dab, it is also important to know what is in the essential oil being offered or sold and if it is safe. Many extracts may not have been purged correctly and may contain residual amounts of butane or other solvents. CO 2 oil is often noted as the safest oil because critical extraction machines that use CO 2 as the only solvent extract it.
Will using a topical going to get me stoned?
No, topicals do not have a psychoactive effect. They are used for localized relief of inflammation, pain, or soreness. Do not confuse topicals with transdermal patches though.