If you live in the State of Georgia, then your relationship with hemp and marijuana is one of the most complicated relationships in the whole country. First, we have the differences between state and federal laws to consider, particularly regarding the 2018 Farm Bill and how it defines various cannabinoids.
Then, we have to consider that there are different types of THC, and whether or not they are legal depends on where they are derived from. These are all issues that we are going to be taking a look at today. So, is Delta-9 legal in Georgia?
- Delta-9 THC products are legal in Georgia as long as they are hemp-derived and the total Delta-9 content stays under 0.3% on a dry weight basis.
- If Delta-9 THC is present in quantities higher than 0.3%, or if derived from the marijuana plant, there are potential legal repercussions, such as fines and prison time.
- Delta-9 THC gummies make for a great way to relax.
Delta-9-THC and Federal Law
If we are to ask, is Delta-9 THC legal in Georgia? As far as the federal government is concerned, the answer is yes and no, although it does lean more towards the no side. To explain this, we have to take a look at the 2018 Farm Bill that the federal government passed.
This 2018 Farm Bill states that cannabinoids that are derived from the hemp plant and contain less than 0.3% delta 9 THC are legal.
Now, this 2018 Farm Bill does imply that THC, specifically Delta-9 THC, when derived from marijuana plants that contain more than 0.3% THC (or from hemp plants with more than 0.3% THC), is not legal. However, Delta-9 THC does appear to be legal in dry-weight concentrations of no more than 0.3%.
In other words, Delta-9 THC does appear to be legal on a federal basis, so long as the dry weight concentration of it is no more than 0.3%. However, if we are talking about CBD or Delta-8 THC, these appear to be fully legal in the USA at a federal level, without any concentration limits.
Georgia Delta-9 THC Laws
If we are talking about the state of Georgia, things get even more complicated because the laws here do have some very fine nuances. We’ll try to explain with as much clarity as possible. So, in the state of Georgia, marijuana is a regulated substance, whereas hemp and hemp-derived products are not regulated at all.
First, in 2019, the governor of Georgia, Brian Kemp, signed House Bill 213. This effectively legalized all cannabinoids, isomers, extracts, and derivatives that can be found in the hemp plant. This applies specifically to hemp plants, but not marijuana plants.
With that being said, there is a concentration limit for Delta-9 THC, as it adheres to the 2018 Farm Bill. This means that in the state of Georgia, Delta-9 THC is legal so long as it contains less than 0.3% in terms of dry weight concentration, and it must be derived from the hemp plant, not the marijuana plant.
As for the question of the day, is Delta-9 legal in Georgia? The answer is so long as it contains less than 0.3% of that Delta-9 THC, and as long as it is derived from a hemp plant, it should be perfectly legal.
Is Delta-9 a Controlled Substance in Georgia?
If we are talking about Delta-9 THC that is derived from hemp plants, specifically if it has a lower dry weight concentration of 0.3%, then no, it is not controlled.
However, if we are talking about Delta-9 THC that is present in concentrations of over 0.3%, whether derived from marijuana or hemp plants, then yes, it is a controlled substance.
This means that if you are found in possession of Delta-9 THC in dry weight concentrations of over 0.3%, you will be legally liable under Georgia State law.
To make it clear, in the State of Georgia, Delta-9 THC is only legal if it is found in hemp flower or extracts in dry weight concentrations of 0.3% or lower, and it must be derived from the hemp plants.
Delta-9-THC Possession Limits in Georgia
So, if we are talking about D9 THC in concentrations of 0.3% or higher, there are some strict laws in the state of Georgia. Take a look at Georgia State's possession limits for Delta-9 THC.
- If you are found in possession of less than one ounce of Delta-9 THC, it is considered a misdemeanor and can result in one year of jail time or a $1,000 fine.
- If you are found in possession of Delta-9 THC anywhere between one ounce and 10 pounds, it is considered a felony, with the result being a potential ten years in prison.
- If you possess over 10 pounds of Delta-9 THC, this is generally considered trafficking. If you are found with anywhere between 10 pounds and 2000 pounds of Delta-9 THC, this is considered a felony, with a mandatory five years in prison and a $100,000 fine.
- If you are found with anywhere between 2000 pounds and 10,000 pounds of Delta-9 THC concentrations higher than 0.3%, the prison sentence is $250,000 with a mandatory minimum of seven years.
- If you are found in possession of over 10,000 pounds of Delta-9 THC in concentrations of over 0.3%, the prison sentence is a mandatory minimum 15 years and a $1,000,000 fine.
Is Delta-9-THC Legal in Georgia?
As you can tell, the legal status of Delta-9 THC in Georgia is quite confusing. The bottom line is that Delta-9 THC is legal in Georgia so long as the dry weight concentration of it is less than 0.3%, and so long as it is derived from the hemp plant.
However, if the Delta-9 THC is derived from the marijuana plant, or it is present in concentrations over 0.3%, then it is not legal in the State of Georgia.