By: Austin Nelson, Criminal Defense Attorney at Law Office of Austin Nelson P.C. – A Marietta based Criminal Defense Law Firm Serving Cobb County, Georgia.
Recent legislation will be changing Georgia’s hemp landscape. Senate Bill 494, which was signed into law on April 30, 2024, makes a few notable changes to hemp regulation in the Peach State. To begin, new age restrictions will be applied for the use and purchase of hemp products from 18 to 21. Second, the law closes the so-called THC-A loophole by changing how the delta-9-THC concentration is calculated. THC-A (tetrahydrocannabinolic acid) is a precursor of delta-9-THC – the federally prohibited chemical in marijuana – and is formed when THC-A is heated. This change will likely bring an end to the legal sale of THC-A products in the state.
Hemp and marijuana are the same plant, with one caveat – to be classified as hemp, the total amount of delta-9-THC must be 0.3 or below based on dry weight. While marijuana is illegal in Georgia, hemp based products were legalized in 2019 and are available at many smoke shops throughout the state.
Marijuana or cannabis has more than 104 cannabinoids, though a few of them get the most attention. Delta-9-THC is responsible for the intoxicating effects of cannabis. CBD (cannabidiol) products are flooding markets nationwide, with claims they can help users with everything from inflammation to anxiety. Legal hemp-derived products rely on concentrations of lesser known cannabinoids such as delta-8-THC, delta-10, CBD, and THC-A.
In the near future, customers can expect to show a valid ID and be 21 years or older to purchase hemp products. THC-A products will mostly become a thing of the past once the law goes into full force. The new law means THC-A will be included in the calculation of THC in all hemp products, THC will equal ((delta-9 THC) + (0.877 * THCA)). This means high THC-A concentrations will make products exceed the allowable 0.3 delta-9-THC concentration required to be considered hemp.
The law goes into effect July 1, 2024.
Given the ever-changing legal landscape, for those who use hemp products, it may be worth keeping the receipt showing date of purchase, as well as the original packaging showing the concentration and cannabinoids present in the product.
Charged over hemp or THC products? Learn how Austin defends drug charges in Cobb County.
