Georgia: Market and regulatory data analysis of the cannabis sector

8th August 2024: US - Georgia: The Georgia Department of Agriculture has published a proposed rule on consumable hemp products, which will be under a public comment period until 6th September. The proposed rule would establish THC caps for products by format, require registration for operators, and impose labelling and packaging requirements. The THC limits would be set at 10 mg of delta-9 THC per serving and 150 mg per package for edibles, and 5 mg per serving with a maximum of one serving in a 12-ounce container for beverages.
2nd May 2024: US - Georgia: Senate Bill (SB) 494 has been signed into law by governor Brian Kemp, press reports. SB 494 amends Georgia’s hemp law in several significant ways. It prohibits the sale of hemp products to anyone under the age of 21 and prohibits the sale of hemp flowers and leaves, regardless of the THC concentration. The new law also requires post-decarboxylation testing to calculate total THC, thus effectively prohibiting THCA products.
2nd April 2024: US - Georgia: Senate Bill (SB) 494 has been passed by the House and now heads to the governor. SB 494 would prohibit an individual or business entity from handling and cultivating hemp in the state without possessing a hemp grower licence. The bill would also establish licensing requirements for wholesale and retail of consumable hemp products.
28th February 2024: US - Georgia: Senate Bill (SB) 494 has been passed by the Senate and now heads to the House. SB 494 would differentiate between consumable hemp products and industrial hemp products and regulate them accordingly. It would set requirements for hemp grower and manufacturer licences. The bill would also establish licensing requirements for wholesale and retail of consumable hemp products.
11th December 2023: US - Georgia: The Drug Enforcement Administration (DEA)’s Diversion Control Division is warning pharmacies in Georgia that possessing and distributing medical cannabis is illegal under federal law, press reports. The warning stems from Georgia regulations that allow independent pharmacies to distribute cannabis oil with up to 5% THC. It is unclear, though, what measures the DEA might be able to take, as the federal Rohrabacher-Farr amendment prohibits the US Department of Justice (DOJ) – of which the DEA is a part – from spending federal funds to interfere with state medical cannabis programmes.
3rd November 2023: US - Georgia: The Georgia Court of Appeals has ruled that delta-8 and delta-10 THC, even in edible products, are not controlled substances under Georgia law. The plaintiffs sued for the return of their products that were confiscated upon a warrant claiming that the delta-8 and delta-10 products were controlled substances. State authorities contended that the edible products were controlled substances because Georgia law prohibits food products that contain THC, yet conceded that the non-food products were not controlled substances. The court found that delta-8 and delta-10 THC are not controlled substances when contained in hemp or hemp products, and therefore, the warrant to seize the products was not based on probable cause.
9th October 2023: US - Georgia: Rules for Georgia’s low-THC oil programme became effective last week, paving the way for nearly 120 pharmacies agreeing to sell low-THC cannabis oil, press reports. Georgia will become the first US state to allow medical cannabis products to be sold in pharmacies. It may take a few weeks before pharmacies begin selling low-THC oil, which can contain up to 5% THC.
27th April 2023: US - Georgia: Medical cannabis patients who have been registered since 2015 will soon be able to receive low-THC medical cannabis oil, since the Georgia Access to Medical Cannabis Commission has now approved and issued five dispensing licences to Botanical Sciences and Trulieve.
28th March 2023: US – Georgia: House Bill 196 has passed the Senate and now heads to the governor’s desk. It would increase the number of medical cannabis licences that can be issued by the Georgia Access to Medical Cannabis Commission, make the commission subject to the Administrative Procedure Act and laws governing open meetings and open records, and establish a legislative oversight committee.
16th March 2023: US - Georgia: The Georgia Supreme Court dismissed a lawsuit brought by retailers of intoxicating hemp-derived cannabinoid (IHDC) products – namely, products containing delta-8 and delta-10 THC – against the state and a district attorney to stop them from raiding retail stores and bringing criminal charges for possession and sale of those products. A lower court had granted the retailers an injunction that prevented the state and district attorney from taking such action, but the Supreme Court overturned that decision on procedural grounds dealing with sovereign immunity. Therefore, although the suit was dismissed, the Supreme Court’s ruling did not address the legality of IHDC products in the state and so did not establish any precedent on the issue.
8th March 2023: US - Georgia: House Bill 196 has passed the House and now moves to the Senate. Among other measures, it would increase the number of medical cannabis licences that can be issued by the Georgia Access to Medical Cannabis Commission, make the commission subject to the Administrative Procedure Act and laws governing open meetings and open records, and establish a legislative oversight committee.
7th March 2023: US - Georgia: House Bill 458 has passed the House and now moves to the Senate. Among other measures, it would establish licences for retailers of consumable hemp products, require specific testing of hemp products, prohibit sales of consumable hemp products to under-21s, and limit the total concentration of delta-9 THC, its isomers and esters to 25 mg per serving and 500 mg per package for hemp products.

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