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Georgia Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

John Carter

Written by: John Carter

Updated on June 4, 2024

Georgia Weed Legality

Is Delta 9 Legal in Georgia?

Yes, Delta-9 THC is legally permissible in Georgia under specific conditions. This is outlined in the Georgia Hemp Farming Act, House Bill 213, which allows the use of Delta-9 THC products derived from industrial hemp. These products are legal as long as they contain no more than 0.3% THC by dry weight.

The legislation came into effect following the 2018 federal Farm Bill, which reclassified hemp, removing it from the same category as marijuana and lifting its designation as a Schedule 1 substance. Consequently, all derivatives, including cannabinoids and isomers from industrial hemp, are legal nationwide, including in Georgia.

In Georgia, only individuals who are at least 21 years old and meet certain medical criteria can legally use Delta-9 THC products with a THC concentration as high as 5%. However, the recreational use of marijuana-based Delta-9 THC is still illegal. Only hemp-derived CBD products are available for purchase in Georgia stores, and importing Delta-9 THC products from outside the state is strictly forbidden.

Can You Buy Delta 9 in Georgia?

Yes, you can buy Delta-9 THC in Georgia. The products, including gummies, are available for purchase both in local retail stores and through online retailers. However, it’s important to ensure that any Delta-9 THC products you buy are derived from hemp and contain no more than 0.3% THC content.

Is Delta 8 Legal in Georgia?

Delta-8 tetrahydrocannabinol (Delta-8 THC) is legally available in Georgia. While marijuana itself remains illegal, the use of hemp and its derivatives, such as Delta-8 THC, is permitted. This is in line with the 2018 Farm Bill, which legalized the cultivation, production, and use of industrial hemp and its derivatives across the U.S., including Georgia. Following this, Georgia passed the Georgia Hemp Farming Act (HB 213) in 2019, which legalized the use of industrial hemp derivatives, including Delta-8 THC derived from hemp.

In Georgia, hemp-derived Delta-8 THC products are legal provided they contain no more than 0.3% Delta-9 THC. These products can be purchased both locally and online and can be shipped into the state as well. Since there is no specific state legislation that either explicitly permits or prohibits Delta-8 THC, it is generally allowed under state law.

Additionally, under Georgia’s Hope Act, residents with certain medical conditions are permitted to use up to 20 ounces of low-THC oil, defined as oil containing a maximum of 5% Delta-9 THC and at least 5% cannabidiol (CBD). Qualifying patients may use marijuana-derived Delta-8 THC products as long as these products adhere to the specified THC and CBD content levels. While these patients can possess marijuana-related Delta-8 THC products such as capsules, oil, lotions, skin patches, or tinctures, methods such as vaping, smoking, or ingesting these products are prohibited.

Is THCA Legal in Georgia?

Yes, THCA is legal in Georgia, provided it adheres to specific regulations. Under the 2018 Farm Bill, all cannabinoids derived from hemp, including THCA, are legal if the THC content does not exceed 0.3%. THCA products must be derived from industrial hemp and meet these THC concentration limits to be considered legal. These products can be bought and sold freely in Georgia, but purchasers must be at least 21 years old.

THCA is not listed as a controlled substance under the Georgia Controlled Substances Act (GCSA), which means it is legal to possess, distribute, and use in the state. There are no specific limits on the amount of THCA that can be possessed.

However, it is crucial to ensure that any THCA product does not contain more than 0.3% THC to avoid classification as a controlled substance. In Georgia, while possession of marijuana remains illegal, hemp-derived products like THCA are permissible under the stipulated THC threshold.

What are the Differences between Delta 9 THC, Delta 8 THC, and THAC?

What is Delta 9 THC?

Delta-9-tetrahydrocannabinol (THC) is the primary psychoactive compound found in the cannabis plant, Cannabis sativa. It binds to receptors in the brain and nervous system, leading to the well-known psychoactive effects associated with marijuana use. Although used recreationally, THC also has applications in treating conditions such as multiple sclerosis, nerve pain, and nausea from chemotherapy. However, these uses are backed by limited scientific evidence. It’s important to distinguish THC from other cannabinoids and synthetic variants like K2/Spice. While THC remains illegal federally in the U.S., several states have legalized or decriminalized it for recreational use.

What is Delta 8 THC?

Delta-8 THC is a less potent cousin of delta-9 THC, found in smaller quantities in the cannabis plant. It shares similar psychoactive properties but induces milder effects. Delta-8 THC has risen in popularity for both its potential therapeutic benefits and its recreational appeal. Nonetheless, users should be aware of the legal status and health risks associated with delta-8 THC products, as these can vary widely depending on jurisdiction and product quality.

What is THCA?

THCA, or tetrahydrocannabinolic acid, is found in the raw and unprocessed buds of cannabis. It is non-psychoactive in its natural state but converts into psychoactive THC when exposed to heat, through processes like smoking or vaping. This transformation results in the effects typically associated with cannabis, such as altered perception and impaired mobility at high doses. While THCA is legal in many U.S. states, caution is advised when purchasing products online due to the potential for contamination and inconsistent potency levels. Current research is exploring THCA’s medical potential, which could offer new treatments in the future.

Difference Between Delta 9 THC, Delta 8 THC, and THCA

1. Delta 9 THC (Δ9-THC)

Chemical Structure and Effects: Delta 9 THC is the most abundant psychoactive component found in the cannabis plant. Its molecular structure allows it to bind effectively with CB1 receptors in the brain, resulting in the strong psychoactive effects associated with marijuana use.

Legal Status: Delta 9 THC is illegal at the federal level in the United States, though several states have legalized it for medical and recreational use.

2. Delta 8 THC (Δ8-THC)

Chemical Structure and Effects: Chemically similar to Delta 9 THC, Delta 8 THC has a slightly altered molecular structure that makes it less potent. This difference in the arrangement of its atomic bonds means it interacts with the nervous system in a less intense way, typically resulting in milder psychoactive effects.

Legal Status: Delta 8 THC exists in a legal gray area. It is often marketed as legal at the federal level when derived from hemp, but this is subject to state laws, and some states have specifically banned or restricted its use.

3. THCA (Tetrahydrocannabinolic acid)

Chemical Structure and Effects: THCA is the non-psychoactive acidic precursor to Delta 9 THC. Found in raw and live cannabis, it does not produce psychoactive effects until it is decarboxylated (heated), at which point it converts into Delta 9 THC. In its raw form, THCA is used for its potential therapeutic benefits without psychoactivity.

Legal Status: THCA is legal in many jurisdictions as long as it is derived from hemp that contains less than 0.3% Delta 9 THC on a dry weight basis. However, because it can convert into THC, the legal status can be complex and varies depending on state laws.

Summary of Differences:

Psychoactivity: Delta 9 THC is highly psychoactive, Delta 8 THC is moderately psychoactive, and THCA is non-psychoactive unless decarboxylated.

Potency: Delta 9 THC is the most potent form in terms of psychoactive effects, followed by Delta 8 THC. THCA has no psychoactive potency unless converted into THC.

Legal Status: Delta 9 THC is widely regulated with a clear legal status, Delta 8 THC’s legality is less clear and varies significantly, and THCA generally remains legal provided it doesn’t convert into THC above legal thresholds.

Legal Disclaimer

The content provided on this website is for general informational purposes only and is not intended to serve as legal advice or as a definitive statement of the law. While we strive to maintain accurate and up-to-date information, the legal status of the topics discussed can vary by state and may change over time. Consequently, the information provided here may not reflect the most current legal developments. We do not encourage or discourage the purchase of any products based on the information presented. Before making any decisions related to legal matters, we strongly advise consulting with a qualified attorney in your jurisdiction to obtain advice tailored to your specific circumstances.

John Carter
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