Is Delta-9 THC (hemp-derived) Legal in Georgia? (2026)

Instrument

Standards for Consumable Hemp Products; Serving Sizes and Serving Limits

Source

https://rules.sos.ga.gov/gac/40-32-5

Retrieved

2026-07-18

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40-32-5-.01(1) General Standards. All consumable hemp products in the state of Georgia must conform with the standards established in the Georgia Hemp Farming Act and this Chapter. (a) Prohibited Forms of Consumable Hemp Products. The following products shall not be sold, offered for sale, or otherwise distributed as consumable hemp products in Georgia: 1. The flower or leaves of the Cannabis sativa L. plant, regardless of the total delta-9-THC concentration in such flower or leaves; 2. Products that contain alcohol or constitute an alcoholic beverage under Title 3 of the Official Code of Georgia Annotated; 3. Marijuana products or low THC oil products; 4. Food products, including, but not limited to, dairy, meat, and seafood products; and 5. Any hemp product containing a non-cannabinoid additive that would increase potency, toxicity, or addictive potential, or that would create an unsafe combination with other psychoactive substances including, but not limited to, nicotine. 40-32-5-.06(1) Maximum Serving Sizes and Serving Limits. Consumable hemp products in final packaged form shall not contain an amount of total delta-9-THC in excess of the limits prescribed herein. (a) A consumable hemp product in the form of a gummy shall not contain more than: 1. 10 milligrams of total delta-9-THC per gummy; and 2. 300 milligrams of total delta-9-THC per package. (b) A consumable hemp product in the form of a beverage shall: 1. Not contain more than 10 milligrams of total delta-9-THC per 12 fluid ounces, or the proportionate equivalent; and 2. Not exceed 12 fluid ounces per container. (c) A consumable hemp product intended for topical application shall not contain more than 1,000 milligrams of total delta-9-THC per package. (d) A consumable hemp product in the form of a tincture shall: 1. Not contain a ratio higher than 2 milligrams of total delta-9-THC per 1 milliliter; and 2. Not exceed 60 milliliters per container.

Instrument

Standards for Consumable Hemp Products; Serving Sizes and Serving Limits; definition of 'hemp'

Source

https://rules.sos.ga.gov/gac/40-32-5

Retrieved

2026-07-19

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386b73f6d2ca8168

O.C.G.A. Sec.2-23-3(11): '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 a total delta-9-THC concentration that does not exceed the legal limit. Ga. Comp. R. & Regs. 40-32-5-.01(1) General Standards. All consumable hemp products in the state of Georgia must conform with the standards established in the Georgia Hemp Farming Act and this Chapter. (a) Prohibited Forms of Consumable Hemp Products. The following products shall not be sold, offered for sale, or otherwise distributed as consumable hemp products in Georgia: 1. The flower or leaves of the Cannabis sativa L. plant, regardless of the total delta-9-THC concentration in such flower or leaves; 2. Products that contain alcohol or constitute an alcoholic beverage under Title 3 of the Official Code of Georgia Annotated; 3. Marijuana products or low THC oil products; 4. Food products, including, but not limited to, dairy, meat, and seafood products; and 5. Any hemp product containing a non-cannabinoid additive that would increase potency, toxicity, or addictive potential, or that would create an unsafe combination with other psychoactive substances including, but not limited to, nicotine. 40-32-5-.06(1) Maximum Serving Sizes and Serving Limits. Consumable hemp products in final packaged form shall not contain an amount of total delta-9-THC in excess of the limits prescribed herein. (a) A consumable hemp product in the form of a gummy shall not contain more than: 1. 10 milligrams of total delta-9-THC per gummy; and 2. 300 milligrams of total delta-9-THC per package. (b) A consumable hemp product in the form of a beverage shall: 1. Not contain more than 10 milligrams of total delta-9-THC per 12 fluid ounces, or the proportionate equivalent; and 2. Not exceed 12 fluid ounces per container. (c) A consumable hemp product intended for topical application shall not contain more than 1,000 milligrams of total delta-9-THC per package. (d) A consumable hemp product in the form of a tincture shall: 1. Not contain a ratio higher than 2 milligrams of total delta-9-THC per 1 milliliter; and 2. Not exceed 60 milliliters per container.

Instrument

Definitions

Source

https://law.justia.com/codes/georgia/title-2/chapter-23/section-2-23-3/

Retrieved

2026-07-02

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As used in this chapter, the term:

(1) "Attractive to children" means the use of any characters or symbols designed to appeal, or would likely appeal, primarily to individuals under 21 years of age, including but not limited to anthropomorphized animals, creatures, promotional characters, licensed characters, or inanimate objects; depictions of children; or depictions of candy.

(2) "Commercial sale" means the sale of products in the stream of commerce at retail, at wholesale, and online.

(3) "Consumable hemp product" means a hemp product intended to be ingested, absorbed, or inhaled by humans or animals.

(4) "Contaminant" means a foreign substance or compound that may, if ingested, absorbed, or inhaled, have an adverse effect on the health of a human or animal. Such term shall include, without limitation, heavy metals, pesticide residues, residual solvents or processing chemicals, and any other substance or compound that the department determines could, if ingested, absorbed, or inhaled, have an adverse effect on the health of a human or animal.

(5) "Cultivate" means to plant, water, grow, and harvest a plant or crop.

(6) "Delta-9-THC" means delta-9-tetrahydrocannabinol.

(7) "Delta-9-THCA" means delta-9-tetrahydrocannabinolic acid.

(8) Reserved.

(9) "Full panel certificate of analysis" means a report, produced by a laboratory which is unaffiliated with the processor or manufacturer and which has been accredited pursuant to the standards of the International Organization for Standardization for the competence, impartiality, and consistent operation of laboratories, attesting to the composition of a product.

(10) "Handle" means to possess or store hemp plants for any period of time other than during the actual transport of such plants from the premises of a person licensed to cultivate or permitted to process hemp or a college or university authorized to conduct research pursuant to Code Section 2-23-4 to the premises of another licensed or permitted person or to a college or university authorized to conduct research pursuant to Code Section 2-23-4; provided, however, that such term shall not include possessing or storing finished hemp products.

(11) "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 a total delta-9-THC concentration that does not exceed the legal limit.

(12) "Hemp grower licensee" means an individual or business entity possessing a hemp grower license issued by the department under the authority of this chapter to handle and cultivate hemp in the State of Georgia.

(13) "Hemp products" means all products with a total delta-9-THC concentration that does not exceed the legal limit that are derived from, or made by, processing hemp plants or plant parts and that are prepared in a form available for commercial sale.

(14) "Industrial hemp product" means any hemp product that is not a consumable hemp product.

(15) "Key participant" means a sole proprietor, a partner in a partnership, or a person with executive managerial control in a corporation when such sole proprietor, partnership, or corporation is an applicant to be a hemp grower licensee or a permittee. A person with executive managerial control in a corporation includes persons serving as a chief executive officer, chief operating officer, chief financial officer, or any other individual identified in regulations promulgated by the department. Such term shall not include nonexecutive managers, such as farm, field, or shift managers.

(16) "Legal limit" means a total delta-9-THC concentration that is the lesser of:
(A) 0.3 percent; or
(B) The percentage limit set forth in 7 U.S.C. Section 1639o.

(17) "Licensee" means an individual or business entity possessing a license issued by the department under the authority of this chapter.

(18) "Manufacture" means to create, produce, manipulate, combine, or package.

(19) "Manufacturer license" means a license issued by the department under the authority of this chapter to an individual or business entity that manufactures consumable hemp products or industrial hemp products in this state.

(20) "Measurement of uncertainty" means the parameter, associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.

(21) "Permittee" means an individual or business entity possessing a hemp processor permit issued by the department under the authority of this chapter to handle and process hemp in the State of Georgia.

(22)
(A) "Process" or "processing," except as otherwise provided in subparagraph (B) of this paragraph, means converting an agricultural commodity into a legally marketable form.
(B) Such term shall not include:
(i) Merely placing raw or dried material into another container or packaging raw or dried material for resale; or
(ii) Traditional farming practices such as those commonly known as drying, shucking and bucking, storing, trimming, and curing.

(23) "QR code" means a quick response code that is a type of machine-readable, two-dimensional barcode that stores information about a product.

(24) "Registered laboratory" means an individual or business entity that tests or analyzes any plant within the genus Cannabis, including but not limited to hemp, and products made from or derived from such plant, including but not limited to hemp products and consumable hemp products, and that has registered with the department under this chapter.

(25) "Research" or "researching" means experimental field, greenhouse, or laboratory activity for the ultimate purpose of developing new hemp varieties and products, improving existing hemp products, developing new uses for existing hemp products, or developing or improving methods for producing hemp products.

(26) "Retail consumable hemp establishment license" means a license issued by the department under the authority of this chapter to an individual or business entity that prepares or sells prepackaged consumable hemp products to consumers.

(27) "THC" means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.

(28) "Total delta-9-THC concentration" means a concentration of delta-9-THC as determined by Code Section 2-23-3.1.

(29) "Wholesale consumable hemp license" means a license issued by the department under the authority of this chapter to an individual or business entity that sells, in bulk, prepackaged consumable hemp products to retail consumable hemp establishment licensees or to other retail establishments located outside of the State of Georgia that are authorized to sell consumable hemp products to consumers in the jurisdiction where such establishments are located.

Instrument

Required licenses; research by colleges and universities; processing of other products

Source

https://law.justia.com/codes/georgia/title-2/chapter-23/section-2-23-4/

Retrieved

2026-07-02

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(a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful for:

(1) Any person to cultivate hemp in this state unless such person holds a hemp grower license issued by the department pursuant to this chapter or is employed by a hemp grower licensee;

(2) A permittee to accept hemp for processing from any person other than a hemp grower licensee or a college or university authorized to conduct research pursuant to subsection (b) of this Code section, except as otherwise provided in paragraph (4) of this subsection;

(3) A hemp grower licensee to provide or sell hemp to any person other than another hemp grower licensee, a college or university authorized to conduct research pursuant to subsection (b) of this Code section, or a permittee with whom the hemp grower licensee enters into an agreement pursuant to Code Section 2-23-7, unless such person is located in a state with a plan to regulate hemp production that is approved by the secretary of agriculture of the United States, or otherwise in accordance with regulations promulgated by the United States Department of Agriculture, and such person is authorized to grow or process hemp in that state;

(4) A permittee to accept for processing any hemp grown outside of the State of Georgia, unless such hemp is grown in a state with a plan to regulate hemp production that is approved by the secretary of agriculture of the United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture;

(5) A permittee to process hemp pursuant to a hemp processor permit outside of the State of Georgia, unless such processing occurs in a state with a plan to regulate hemp production that is approved by the secretary of agriculture of the United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture;

(6) Any hemp grower licensee or permittee to otherwise fail to comply with the requirements of this chapter or any applicable state or federal law or regulation;

(7) Any person to offer for sale at retail the flower or leaves of the Cannabis sativa L. plant, regardless of the total delta-9-THC concentration in such flower or leaves; provided, however, that this paragraph shall not prohibit the sale of any hemp products that include extracts or derivatives of the flower or leaves of such plant; or

(8) Any person to cultivate or handle hemp in any structure that is used for residential purposes.

Instrument

O.C.G.A. 2-23-4(a)(7); O.C.G.A. 16-12-241 (SB 494, 2024)

Source

https://gov.georgia.gov/document/2024-signed-legislation/sb-494/download

Retrieved

2026-10-07

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2-23-4(a) [It shall be unlawful for:] ... (7) "Any person to offer for sale at retail the unprocessed flower or leaves of the hemp plant" [...]. 2-23-3(12) "'THC' means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of" "tetrahydrocannabinol and tetrahydrocannabinolic acid." 2-23-4.1(c) [Licensing violators shall] "Be guilty of a misdemeanor for a first offense"; (d) "subject to a civil penalty of not more than $5,000.00 for each violation." 16-12-241: "It shall be unlawful for any person to knowingly sell, furnish, or cause to be furnished" [consumable hemp products to persons under 21]. SB 494 Sec. 20: "The remaining sections of this Act shall become effective on October 1, 2024." [Bracketed spans summarized.]