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Is Delta-8 Legal in Georgia? 2025 Laws and What to Know

May 14 / Jenifer Marks, Esq.

Is Delta-8 Legal in Georgia?

As of 2025, Delta-8 THC is legal in Georgia as long as it's hemp-derived and contains less than 0.3% Delta-9 THC by dry weight. This legality comes from the federal 2018 Farm Bill, Georgia’s Hemp Farming Act (HB 213) passed in 2019, and most recently, Senate Bill 494 (SB 494).

And yes—that’s a lot of laws to keep track of!

The most important one for Georgians is SB 494, which created new rules about what kinds of Delta-8 products can be sold and where. So, let’s take a closer look at what Delta-8 is and what you can legally buy in Georgia.

Our FREE Medical Cannabis Class covers Delta-8 and medical marijuana in Georgia and more!

What Is Delta-8 THC?

Delta-8 THC is a natural compound found in small amounts in hemp and cannabis plants. It’s similar to Delta-9 THC—the main chemical in marijuana that makes people feel high—but Delta-8 is usually described as milder and more relaxing.

Most Delta-8 sold today is made from hemp-derived CBD, which makes it legal under federal law and Georgia’s hemp laws - but the products have to comply with both sets of laws. 

When Is Delta-8 Legal to Buy and Use in Georgia?

You can still buy and use Delta-8 in Georgia if:

✅ It’s made from hemp
✅ It contains less than 0.3% Delta-9 THC
✅ You are 21 or older
✅ It's made and sold by a licensed business

What Delta-8 Products Are Legal in Georgia?

Delta-8 products are still legal in Georgia—but now only certain types are allowed. The most important thing to know is that Delta-8 must be hemp-derived and must contain less than 0.3% Delta-9 THC, just like before.

As of SB 494, these Delta-8 products are still legal:
✅ Gummies
✅ Tinctures
✅ Oils
✅ Capsules
✅ Creams and patches
✅ Vape cartridges
✅ Delta-8 drinks (non-alcoholic)

What Delta-8 Products Are Not Legal Anymore?

Some Delta-8 products are now banned in Georgia:

🚫 Delta-8 flower or pre-rolls
🚫 THC brownies, cookies, or candy (except gummies)
🚫 Products sold without a license
🚫 Products without lab test results or a THC warning label

Even if the flower is under 0.3% THC, it can’t be sold in Georgia anymore.

New Rules for Businesses That Sell Delta-8

If a store wants to sell Delta-8 legally in Georgia, they must:

✅ Get a license from the Georgia Department of Agriculture
✅ Only sell to people who are 21 or older
✅ Add a QR code or lab test results to the label
✅ Put a THC warning sticker on the product
✅ Make sure the packaging doesn’t look like candy or target kids

If stores break these rules, they could face fines or even criminal charges.

Final Answer: Is Delta-8 Legal in Georgia?

Yes, Delta-8 is still legal in Georgia in 2024.
But now there are new rules about what kinds you can buy and how stores must sell them.

✅ Legal: Gummies, vapes, tinctures, drinks
🚫 Not legal: Flower, brownies, cookies, unlicensed products

If you use or sell Delta-8, make sure you’re following the new law. It’s all about staying safe and legal.

If you want to know more about Delta-8 sign up for our FREE Medical Cannabis Class. 
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