Posted by Megan GroutMay 28, 20240 Comments

Georgia THC-A, Hemp and Marijuana Laws
Changes in Georgia THC and Hemp Laws



     As many of you know, Georgia drug laws are complicated and constantly changing. In May of 2024, Governor Kemp signed into law some changes in the Georgia Hemp law that will affect everyone - whether you live in Georgia, are here visting, or just passing through. These changes will take affect July 1, 2024. Here are the key points you need to know:

Don't Be Confused By The Federal's Government's Announcement About Marijuana Scheduling

     At the same time that Governor Kemp signed the changes to Georgia's hemp bill, the Federal Government announced it is considering moving marijuana from a Schedule I to a Schedule III narcotic. While these two things happened at the same time, the Fed's announcement has nothing to do with Georgia's changes to the Hemp Bill. They are two separate things. While it is good news, the Fed's announcement doesn't have any immediate impact on how Georgia treats marijuana. It's possible that in the future, once the federal government moves Marijuana into a category III narcotic, Georgia might be able to sell medical THC oil in pharmacies, but we aren't there yet. It's also possible that this change in how the Feds approach marijuana will also encourage more medical research into the benefits of marijuana, as well as other benefits to businesses that deal with lawful marijuana sales. And it will mean a change in penalties for people federally convicted of marijuana crimes. But this announcement by the Feds does NOT legalize marijuana either federally or in the state of Georgia.   

    So now that you understand the federal announcement doesn't have anything to do with Governor Kemp signing the new law about hemp, let's talk about what the new law says:

Changes in THC-A Law

     Prior to 2024, many believed that selling and purchasing THC-A products in Georgia was legal due to the way these products were being tested. It was described as a "loophole" in the Georgia Hemp Bill. Georgia has now closed that loophole, and it appears that going forward, THC-A products cannot be lawfully sold or possessed in Georgia. The new law (starting 7/1/2024) will require all consumable hemp products to be tested for total delta-9 THC concentration.  This will include calculating both delta 9 THC and THC-A in any product being sold. The combined amount cannot be above 0.3% THC (either or both Delta-9 or THC-A). The law has also modified the testing requirements of these products to include the amount after THC-A has been converted to Delta-9. 

    While we always wait to see how things actually happen once a law goes into effect, it appears that THC-A products are now illegal in Georgia. 

Changes in Purchasing Age

     Starting July 1, 2024, you must be at least 21 years old to purchase hemp products in Georgia. Possession of hemp products under 21 will be a misdemeanor. 

Changes in Hemp Edibles Law

     Anyone who has followed my blog or my updates on TikTok knows that the edible law is especially confusing in Georgia. Under the new Hemp changes, things are *a little* clearer. The new law still bans selling hemp-infused food products, but the law has changed how it defines a "food product." So going forward, hemp gummies and beverages are not considered food products. Therefore, as long as the gummies or beveraqes have no more than 0.3% total THC (so as to be considered hemp) or CBD, they can be lawfully sold. However, edibles in the form of rice krispie treats, brownies or other similar products cannot be lawfully sold, even if they contain less than 0.3% THC or CBD. 

Changes in Sale of Flower

     The new law has made some changes in the sale of "Cannabis sativa L. plant" flower or leaves, but the outcome of how this will be treated is still unclear. The new law now says you cannot sell the flower or leaves, but it does not prevent the sale of extracts or derivatives of the flower or leaves (as long as they are still lawful under the other provisions of the law.) We will now need to wait and see whether the police will try to stop the sale of all flower products or how they will handle the wording of the new law, since it doesn't directly address such things flower products that have been sprayed or infused with CBD or Delta-8.

If you are a retailer of hemp products, the new law also contains changes to licensing requirements and testing requirements. I strongly urge you to read the bill in it's entirety. I've attached the version (as passed):

Georgia SB 494 As Passed