Georgia was one of the states to expand CBD access to qualifying medical patients before industrial hemp gained federal legal status. Since then, the state has passed other laws to help regulate hemp production and sales in the state, but many people still find the laws to be unclear.Is CBD legal in Georgia for all con Under state and federal law, the use, possession, sale, and distribution of delta-8 THC is legal in Georgia.
Is CBD Legal in Georgia?
Georgia was one of the states to expand CBD access to qualifying medical patients before industrial hemp gained federal legal status. Since then, the state has passed other laws to help regulate hemp production and sales in the state, but many people still find the laws to be unclear.
Is CBD legal in Georgia for all consumers?
If you’re one of the many people in Georgia looking to access CBD for conditions like anxiety and insomnia, you may be in luck!
But you’ll need to understand the state’s legal restrictions on hemp-derived products to ensure that you buy from a legal, high-quality source.
Here’s the breakdown of Georgia’s CBD laws:
Disclaimer: We’re always working to stay informed on the latest CBD 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.
- Georgia introduced legislation to allow qualifying medical patients to access CBD in 2015. The state finally updated their industrial hemp laws in 2019 to match federal legislations and set the pace for industrial hemp production within the state.
- The state does not allow the sale of CBD as an ingredient in food, drinks, dietary supplements, or pet food products. They also have a ban on smokable forms of CBD.
- The state also has no minimum age requirements, but it may not be easy to access CBD in stores for consumers who are under 21.
- Doctors in Georgia may recommend CBD, but you don’t need a prescription to access it.
- It’s unclear if most of the CBD marketed in Georgia is legal, and the government imposes very few regulations to protect consumers. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in Georgia?
Georgia seemingly had a heads up on the CBD industry when the Haleigh’s Hope Act was passed in 2015. This bill removed legal restrictions on cannabis products containing less than 0.5% THC for patients with qualifying conditions, but it came with a few caveats. Although the bill aimed to expand access to medical CBD products, it failed to establish or regulate a means of production.
When the 2018 Farm Bill effectively legalized industrial hemp products across the country, Georgia’s laws at the time still banned all products containing even trace amounts of THC for general consumers. In 2019, the state passed HB 213 to change that.
This bill, known as the Georgia Hemp Farming Act, finally laid out the guidelines for a hemp pilot program in the state. All in all, the bill is similar to the hemp farming programs established in other states like Colorado and Arkansas. It legalized the production, manufacture, and sale of industrial hemp products. The bill also redefined hemp to match the federal definition, which includes hemp derivatives and cannabinoids, like CBD.
Although this bill legalized hemp-derived cannabinoids, the state has specifically banned the sale of CBD in food, beverages, dietary supplements, and animal feed, according to a press release from the Georgia Department of Agriculture. This type of prohibition on CBD food items isn’t uncommon, and California’sgovernment has issued similar declarations. Before allowing this type of product to be manufactured and sold, many states are awaiting FDA regulation on CBD-infused food products.
Additionally, Georgia has placed restrictions on smokable forms of industrial hemp products, like CBD hemp flower, for medical and general consumers. This legislation is akin to the ban on smokable CBD products in the neighboring state of Florida.
Despite these laws, many vendors are still marketing CBD food and dietary products even though they may be illegal. It’s unclear what the repercussions may be for violating Georgia’s CBD laws, but there are no laws against using hemp CBD products for consumers so long as they are derived from a legal source.
Is full spectrum CBD legal in Georgia?
Although the state originally banned any product containing even trace amounts of THC, updated legislation now matches federal legislation regarding hemp-derived CBD products. Georgia has no laws restricting full spectrum CBD products that contain 0.3% THC or less.
Are CBD flowers legal in Georgia?
Georgia has legalized the production of industrial hemp, but still maintains a ban on using smokable forms of CBD across the state. Other states, like Arkansas and Texas, have adopted this law.
Does Georgia have a CBD possession limit?
To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are illegal in Georgia.
Who can prescribe CBD in Georgia?
In Georgia, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Where to buy CBD in Georgia?
In Georgia, it is illegal to market CBD as a food, beverage, dietary supplement, or pet food product. It is known that vendors may still sell CBD across the state, but whether or not these products are legal is unclear.
Although the state has laid plans for the manufacture and production of industrial hemp products, the regulations in place are negligible. That means that CBD sold in the state of Georgia is likely either illegal or completely unregulated.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
How old to buy CBD in Georgia?
The legal age to buy CBD is fuzzy, even when looking at federal regulations. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. The state of Georgia has passed legislation to make CBD accessible to children with certain qualifying conditions, though this type of access requires a doctor’s guidance.
In Georgia, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Georgia.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. Georgia does not prohibit the use of CBD for consumers, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
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 delta-8 products sold in gas stations
We recommend caution when buying 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.
Not all products sold in gas stations are unsafe though and you may be able to find some credible brands. CBD dispensaries and retail stores generally have higher standards for quality control, so if you have access to those stores, shop there instead.
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.