Is Delta 8 Legal in Georgia?  - Golden Goat

Is Delta 8 Legal in Georgia? 

The cannabis product Delta 8 (as well as Delta 10), is once again in the public eye as a result of a ruling handed down by the Georgia Supreme Court in 2023, in addition to a bill that is making its way through the Georgia legislature. Is Delta 8 legal in Georgia? Let’s find out.

At the moment, this cannabinoid is in a sort of legal gray zone. This could be cleared up if the state legislature passes HB 458, which has the potential to fix the problem if it is passed. The Georgia House of Senators has already voted in favor of it, and a committee in the Georgia Senate conducted a hearing on the issue.

Due to the high level of interest shown during the public comment session, the committee has decided to postpone any possible decision to take the matter to the full Senate until the following week.  

But if the bill is not passed, Delta 8 products will continue to exist in unknown territory as a result of the judgment made by the state Supreme Court.

What’s the Difference Between Weed and Hemp?

People tend to confuse the two because they look so similar. But they are two distinct varieties of the cannabis sativa plant. Both contain THC, the psychoactive ingredient that makes you high, but hemp typically has much less of it than marijuana plants. 

What’s the Difference Between CBD and Delta 8? 

There isn’t much that sets these two substances apart, even though they are separate chemicals with many similarities. Despite the fact that both chemicals bind to CB1 receptors, CBD does not have any psychoactive effects since it is THC-free. Contrarily, Delta 8 THC has a low THC concentration that some individuals find tolerable and ideal for recreational usage.

Since Delta 8 THC is more potent than CBD, it’s more affordable than CBD, and you don’t need to go to a dispensary to get it, it seems to offer a number of health benefits that attract plenty of attention. A modest high is also produced, however, it is milder and normally lasts less time than the one produced by marijuana.

Tetrahydrocannabinol, one of the 113 cannabinoids found in hemp, is known by the acronym THC. Given that it produces the euphoric high for which marijuana is most well-known and desired, THC is perhaps the most significant ingredient.

When you smoke cannabis, the molecule THC makes you feel high. Contrarily, Delta 8- THC is a lot more sophisticated than just being the crystallized component in your doobie that gets you high. Instead, it is composed of several unique strands and intricate structures that may provide a pleasurable high without unfavorable side effects.

Are Hemp and Weed Legal? 

Possessing cannabis in Georgia is illegal, with the exception of anyone who qualifies for medical marijuana. You’ll most likely be charged with a felony for THC possession in Georgia. 

What is Delta 8?

It is classified as a cannabinoid and is often sold in the form of edibles or vaping concentrates. Even though it is considered to be less potent than Delta 9, it is still capable of producing a psychoactive “high” that is comparable to that of cannabis.

If you’d like more detail than our very brief explanation above, read our blog post: Delta 8 – The Ultimate Guide 

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Is Delta 8 Legal in Georgia?

Unfortunately, we don’t have a yes or no answer to the question “Is Delta 8 legal in Georgia?” 

Under current law, Delta 8 is not explicitly illegal. The 2018 Farm Bill states that hemp-derived Delta 8 is federally legal. Georgia also passed its own version of the law in the 2019 Hemp Farming Act. But if the HB 458 bill is passed, it will list explicit regulations for cannabinoids like Delta 8 and Delta 10 to be legalized on the condition that they do not contain more than 0.3% THC. This amount is seen as too low to produce psychoactive effects. 

Currently, Delta 8 is legal to possess if derived from hemp with a maximum THC content of 0.3% and made through commercial sale. However, the law prohibits their use in food products, including beverages. 

The legality of Delta 8 and Delta 10 may change later in 2023, as some politicians are working to ban their sale due to concerns about their similarity to Delta 9 and lack of FDA regulation, as well as the sale of these products to minors.

Can You Be Arrested for Delta 8 Possession? 

While the Georgia Attorney General considers these products legal, some local counties still raid shops and prosecute individuals. If caught with Delta 8 edibles or gummies, possession of a Schedule I narcotic may result in felony charges. The unclear nature of the law means the outcome of being charged for Delta 8 gummies or edibles is uncertain and may vary depending on the prosecutor.

If arrested for Delta 8, or any related products, it is important to contact a lawyer immediately due to the constantly changing nature of the law in Georgia. The complicated legal landscape makes it essential to seek legal representation if charged with possession of any THC-containing products.


The information in this article, including but not limited to text, images, graphics, and other material contained herein, is for informational and educational purposes only and is solely intended to be used as a self-help tool. The information in this article and website does not substitute for professional medical advice, treatment, or diagnosis. Always seek guidance and advice from a qualified healthcare provider before undertaking a new healthcare regimen.

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