Is Delta-8 Legal in Georgia flag

Is Delta-8 legal in Georgia? 

Hemp-derived Delta-8 THC is legal in Georgia according to the Farm Bill and Georgia’s rules. Keep reading for more info. Click here to order the finest Delta-8 products online!

What is Delta-8? 

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids from medical marijuana are consumed, they have an effect on the human endocannabinoid system

The endocannabinoid system uses the cannabinoids as neurotransmitters/neuromodulators that work with the cannabinoid receptors throughout the human body. ​​The system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1].

Delta-8 is a popular THC product used for therapeutic and personal needs. It is similar to Delta-9 THC and the next section will cover that. In most places, including Georgia, legislators understand its benefits and are onboard with Delta-8.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis.

An isomer is one of two or more compounds that have the same number of atoms of the same elements but have different structural arrangement and properties.

The molecules that make these three types of THC are very similar in form. A small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels.

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Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America?

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.

Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in the form of inhalable, edible, and topical products.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal? 

The Farm Bill legalized hemp and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, its main psychoactive chemical, which occurs naturally in the cannabis plant.

In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.

The Bill defines hemp as:

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp.

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products and cannabinoids.

How do you buy high quality Delta-8?

The best way is to buy from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products.

The processing standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

For best reliability, producers should only use third-party lab testing and publish the CoA results where buyers can access them. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

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arthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including all strains of our famous Delta-8 Vape Cartridges.

Where is Delta-8 THC legal? 

Based on the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant provided  they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight.

The federal government allows hemp and hemp-derived Delta-8 THC food products to nationally and will not have state or federal law limit their sale or transportation across state lines. But states still have the ability to limit Delta-8 food products or other cannabinoids within their state senate own borders. It’s confusing for Americans but is the current situation. To learn more read Is Delta-8 THC Legal in Your State?

Where can you buy Delta-8 in Georgia?

Delta-8 is widely available from stores in Georgia like the Carolina Hemp Company in Smyrna or Peachtree City. Remember you can always use the convenience and privacy of Earthy Select’s direct mail order service too! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide.

Delta-8 and the law in Georgia

In May 2019, Georgia law passed GA HB213, also known as the Georgia Hemp Farming Act, which is essentially its own version of the Farm Bill making hemp products and processing hemp plants legal. The bill adopted the federal definition of hemp, and removed hemp and hemp-derived products from Georgia’s Controlled Substance Schedule.

Georgia-based criminal attorneys, Daniels & Taylor, P.C., report the court that state law is that adults can legally use and possess delta-8 THC in the state, and further, the court that “there are no limits to how much Delta-8 THC you can carry [2].”

Final thoughts on Delta-8 in Georgia

Georgians are thankfully free to enjoy Delta-8. For the best possible products, ordering online might be the right solution. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide!


Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

  1. Wikipedia: Endocannabinoid System
  2. Is Delta-8 Legal in Georgia?

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Frequently Asked Questions

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of  THC, and personal body chemistry. You may feel “high” after using THC products so we strongly recommend you use them responsibly.

CBD (cannabidiol) and THC (tetrahydrocannabinol) are both naturally-occurring cannabinoids from the cannabis plant, and both have the exact same molecular structure: 21 carbon atoms, 30 hydrogen atoms, and 2 oxygen atoms. A slight difference in how the atoms are arranged accounts for the differing effects on your body. THC is the main psychoactive component of the plant—the part that can make people feel “high.”

CBD is not psychoactive and is used for therapeutic effects of its own. CBD also plays a part in regulating how other cannabinoids including THC affect a person.

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.

Delta-8 is available in many consumable forms. Its flower or bud can be smoked, its oil can be taken sublingually (under the tongue) or with food. Liquified Delta-8 comes in vape pens for inhalation, and gummies work best when they are completely dissolved in the mouth. Concentrates are also an option for dabbing.

They are both forms of THC that can be derived from hemp or marijuana. They are both federally legal if derived from hemp and have less than .3% Delta-9 THC. The strength or potency of both can vary greatly, but on average, Delta-8 is considered to have ½ to ⅔ the strength of Delta-9.

A certificate of analysis (CoA) is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.