The Georgia Court of Appeals ruled yesterday that products derived from hemp containing Delta-8 THC and/or Delta-10 THC are not controlled substances and thus can be legally sold in the state.
Delta-8 THC gummies (photo credit: FloraCBD).
The ruling also applies to all products containing other hemp-derived cannabinoids including CBD (cannabidiol), CBG (cannabigerol) and CBN (cannabinol).
The ruling stems from police raids that took part in 2022 of the hemp business Elements Distribution. The company supplied numerous businesses with a variety of hemp products containing Delta-8 and Delta-10 THC, including vape products and gummies.
“What happened was that the Gwinnett County D.A. and the local drug task force raided several small businesses in the area, including our clients who are hemp products and other product distributors,” says Trial Attorney Tom Church, who’s representing Elements Distributions.
Church says that the ruling “is a powerful message for folks around Georgia that these are legal products. The legislature specifically legalized them in 2019 [via the federal farms bill] and that law enforcement has no authority to go after businesses that are legally selling these products”.
The Gwinnett County District Attorney’s Office says they are undecided if they will appeal the decision to the Georgia Supreme Court.
