Is Delta 9 THC Legal in Georgia?

Highway going into downtown Atlanta.

Following a long prohibition in the country, cannabis has been legalized or decriminalized in many states across the US. However, the subject of cannabis is still a divisive one, leaving the fate of legalization up in the air in many different states.

Even though hemp-derived delta 9 THC is legal on a federal level, it is not legal in every state, making the lines between which law trumps the other blurry for many users living in these states. Today, we’re here to take a closer look at whether or not delta 9 THC is legal in Georgia.

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Key Takeaways

  • In Georgia, only hemp-derived delta 9 products are legal if they have less than 0.3% delta 9 THC on a dry weight basis.
  • Georgia has some of the harshest laws against marijuana-derived delta 9.
  • Delta Munchies is your best source for high-quality, fully legal hemp-derived delta 9 products in Georgia.


Delta 9 THC and Federal Law

The legal history of cannabis in the United States has been a complicated one. We have used cannabis as food, medicine, and to make textiles for years, but it has become more severely stigmatized in the last decades.

Cannabis was federally prohibited in the US for 75 years. This first changed when California legalized it for medical use (1996) and then when Washington State and Colorado legalized marijuana (2012).

As of today, each state still has its own individual cannabis laws while the substance remains federally illegal. Some states have legalized marijuana for medical use only, while others have only legalized non-psychoactive cannabinoids like CBD. Some have decriminalized but not legalized it.

Since this can be super confusing to keep up with, we’re breaking down each state’s cannabis laws so you can enjoy your weed as safely and responsibly as possible.


Georgia Delta 9 THC Laws

In Georgia, the laws surrounding hemp-derived delta 9 THC is reflective of federal law and allows up to 0.3% THC content or less to be legally sold and possessed. Unfortunately, other than hemp-derived THC, Georgia delta 9 THC laws are some of the harshest in the country, as possessing only one single ounce can result in a felony conviction.


Is Delta 9 a Controlled Substance in Georgia?

According to the government, a controlled substance is a drug or other substance that has a high risk of its user becoming addicted. Because of the “War on Drugs” that was introduced into our country in the 1970s by President Richard Nixon, marijuana unjustly fell under the federal category of controlled substances.

However, since then, there has been research-backed evidence that has shown marijuana is NOT in the same category of addictive drugs as opioids, stimulants, depressants, or anabolic steroids. Unfortunately, the legality has yet to catch up with the science.

Is delta 9 a controlled substance in Georgia? Yes, delta 9 THC is a controlled substance in Georgia. Georgia is in the top six harshest states regarding marijuana laws, sitting amongst South Carolina, Tennessee, Idaho, Wyoming, and Kansas.


Delta 9 THC Possession Limits in Georgia

In Georgia, it is legal to possess hemp-derived delta 9 THC products. However, it’s not legal to possess any amount of marijuana. Possession of anything less than an ounce of marijuana is a misdemeanor, and possession of an ounce or more of marijuana is a felony.


Is Delta 9 THC Legal in Georgia?

Is delta 9 THC legal in Georgia? Only hemp-derived delta 9 which is less than 0.3% THC is legal in Georgi, meaning that delta 9 THC derived from marijuana is NOT legal in Georgia for recreational use. However, medical marijuana is legal in Georgia for residents who qualify.

According to the Georgia Department of Public Health, “Georgia’s medical marijuana law allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. It authorizes the Georgia Department of Public Health to issue a “Low THC Oil Registry Card” to qualified persons, which will prove that they are authorized to have the oil and protect them from arrest.

Georgia’s law is much more limited than some other states’ medical marijuana laws. For example, it does not legalize the sale or possession of marijuana in leaf form and it does not authorize the production or sale of food products infused with low THC oil or the ingestion of low THC oil through vapor. It does not authorize physicians to prescribe marijuana for medical use. It is intended solely to protect qualified persons from criminal prosecution for possessing low THC oil for medicinal purposes.”


Can You Buy Delta 9 in Georgia?

Georgia passed the Hemp Farming Act in 2019, effectively making cultivating and processing hemp within the state legal. Naturally, individuals are required to obtain a hemp grower license permit from the state’s Department of Agriculture.

Some key sections pertaining to hemp farming in Georgia are contained in § 2-23-3 of Georgia’s Hemp Farming Act. They are the following definitions:

(3) “Federally defined THC level for hemp” means a delta-9-THC concentration of not more than 0.3 percent on a dry weight basis, or as defined in 7 U.S.C. Section 1639o, whichever is greater.

(5) “Hemp” means the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level.

(6) “Hemp products” means all products with the federally defined THC level for hemp-derived from, or made by, processing hemp plants or plant parts prepared in a form available for legal commercial sale, but not including food products infused with THC unless approved by the US FDA.

Seeing as hemp is legal in Georgia, anyone of legal age (21 years and above) can lawfully buy delta 9 in Georgia. However, it must be obtained from hemp.


Are Delta 9 Gummies Legal in Georgia?

Delta Munchies' Blue Dream Delta 9 Gummies.

Certainly yes! Georgia joined many other states in adopting the guidelines of the federal Farm Bill regarding hemp. The state further reinforced its stand on hemp products with House Bill 213, which legalizes hemp and its products.

The whole point is to expand the cannabis industry and make it more economically viable. Obviously, one way of doing this is by legalizing products derived from hemp.

Note, however, that delta 9 is present in both hemp and marijuana, so the state has had to distinguish which one is legal. Hemp-derived delta 9 is the legal THC, and its concentration cannot exceed 0.3% in whatever product it is sold.

As a result, delta 9 gummies are legal in Georgia as long as:

  1. Their delta 9 THC levels are less than or equal to 0.3%, and
  2. The delta 9 cannabinoid is obtained from hemp.

In a nutshell, delta 9 gummies are legal in Georgia.


Delta 9 Loophole

The Agricultural Improvement Act of 2018, also known as the Farm Bill, made it legal to grow and produce goods from hemp provided the THC concentration is under 0.3% on a dry weight basis. By separating hemp from marijuana, this act sought to promote the growth of the hemp sector.

However, conventionally, delta 9 THC has been a controlled substance for well over 70 years in the US. The proof includes the 1930 Marijuana Tax Act and the 1970 Controlled Substances Act.

However, thanks to the Farm Bill, delta 9 has a newfound legal status, albeit with caveats. Therefore, the CSA was amended to exempt ‘tetrahydrocannabinols’ from hemp.

Notwithstanding these developments, the concentration of delta 9 in hemp products is capped at 0.3%. The bone of contention has been the application of this limit and a vital piece of information—”on a dry weight basis.”

Let us use the example of a delta 9 hemp product weighing 100 grams. According to the law, the manufacturer can add 0.3 grams of THC to the product, and it would still be legal. But does the “dry weight” provision refer to an SKU unit or the plant? This is an area where opinion is evenly divided, and everyone interprets this as it suits their needs.

Moreover, there is the issue that since the Farm Bill solely refers to delta 9, other equally psychoactive cannabinoids like delta 8 have a free pass. Essentially, manufacturers can infuse as much delta 8 into their products as they like without breaking the law.

Delta 8 is less psychoactive than delta 9 and is popular for its mild high. It also does not produce the side effects typically associated with delta 9. Generally, it is half as potent as delta 9, meaning it can induce a strong high in large amounts.

The argument, therefore, is that manufacturers subvert the true intent of the Farm Bill by introducing hemp products with enough THC material to intoxicate. On their part, cannabis brands counter that they are not breaking any law.


Where to Buy Delta 9 in Georgia

Georgia is extremely strict in regard to cannabis sales which makes it difficult to find any hemp-derived THC products in physical stores. But thankfully, since it’s federally legal to ship hemp-derived delta 9 to all 50 states, the easiest place to buy delta 9 in Georgia is online. Here at Delta Munchies, we offer hemp-derived, full-spectrum delta 9 THC that adheres to all federal and state guidelines and regulations while still being potent enough for seasoned stoners. Here are our top-selling delta 9 products:


Delta 9 THC: FAQs

Is Delta 9 Indica or Sativa?

It is important to understand that sativa and indica are cannabis varieties. On the other hand, delta 9 is a cannabinoid present in both varieties in varying concentrations. Generally, sativas tend to contain higher levels of delta 9 than indicas, hence their invigorating and mentally stimulating effects.

Sativas are calming and sedative and are associated more with full-body effects. As such, they are the strains of choice for users seeking deep relaxation and relief from insomnia.

What Does Delta 9 Feel Like?

Comparable to being intoxicated, but with less cerebral “haziness” and a heavier physical strain, is how the THC “high” feels.

While you do not physically feel inebriated, your ideas do feel lighter and frequently leave your body as you think. Although it can be challenging to maintain focus, you feel more receptive to original ideas. This explains why THC is so popular among innovators and entertainers.

The sensation of being “off-centered,” as if you are not in control of your experience as much as you want, is a common cause of weed anxiety. It is a common experience when consuming most psychoactive substances and can occasionally create a little existential distress.

Depending on the dosage, THC effects can differ significantly.

Lower doses are generally mellower and more adaptogenic. They have relaxing and mild sedative effects. Higher doses become significantly more stimulating and intoxicating.

Delta 9 steadily becomes more psychotropic after reaching a threshold dose of about 5 mg. By 10 mg, most users get a distinct “high.” At 20 mg or more, delta 9 can be rather overwhelming, especially if you are not used to it.

What is the Difference Between Delta 8 and Delta 9?

The main difference between delta 8 and delta 9 is the location of a double bond in their carbon chain. Delta 8 has the double bond on the 8th carbon, while delta 9 has it on the 9th carbon. This distinction influences their psychoactive effects, with delta 9 being more potent and intoxicating than delta 8.

Even though both hemp-derived delta 8 and delta 9 are federally legal, delta 9 is regulated and cannot exceed 0.3% in hemp. Moreover, since it is less intoxicating than delta 9, delta 8 is also offered in larger doses in hemp products.

Does Delta 9 Show up on a Drug Screen?

Yes, a drug test will detect delta 9. That is because delta 9 THC lingers in your system for several weeks, even if you rarely consume delta 9 products.

Is Delta 9 Safe?

It is generally accepted that consuming delta 9 in moderation is safe. It does, however, have noted negative effects. Anxiety, dry mouth, increased hunger, and poor memory and coordination are some of the commonly observed short-term side effects of delta 9 THC.

Before ingesting delta 9 THC, knowing the downsides and possible adverse effects is crucial. We recommend seeking advice from a medical practitioner if you have any worries or queries regarding delta 9 THC.


Disclaimer: This article was last updated in September 2022 and the information pertaining to federal cannabis laws and state cannabis laws is reflective of that time. Because cannabis laws in the United States are constantly changing on both federal and state levels, the information in this article is subject to change at any time. Additionally, this article is NOT legal advice, and no entity at Delta Munchies is giving legal advice. If you are unsure about your state’s individual cannabis laws, please look for more information on your state’s official state website(s).