Is Delta THC Legal in Georgia?

Georgia Delta-8 THC Overview >
Georgia Delta-9 THC Overview >

What is Delta THC?

THC, or Tetrahydrocannabinol, is the main psychoactive cannabinoid in the Cannabis sativa plant. Delta THC refers to different isomers of THC, which all have similar chemical constituents but different structural forms. The three major THC isomers are Delta-9 THC, Delta-8 THC, and Delta-10 THC. Other THC isomers include Delta-6, Delta-7, and exo-THC.

Generally, all THC isomers produce psychoactive effects and show up on drug tests. However, they differ in terms of potency and natural abundance in cannabis. Apart from these THC isomers, the following cannabinoids exhibit THC properties and are sometimes sold as THC products:

  • THC-O

  • THCM

  • THC-P

  • THCV

  • THCh

  • THCjd

  • HHC

  • HHC-O




THC and CBD are naturally occurring phytocannabinoids in Cannabis sativa plants. Hemp, a variant of Cannabis sativa, produces more CBD (Cannabidiol) than THC. According to the Agriculture Improvement Act of 2018, the THC content in hemp and other hemp-derived products must be less than 0.3% to be considered legal. Another popular Cannabis sativa variety, often called marijuana or cannabis, produces a higher concentration of THC. The THC content in marijuana can be as high as 20-35%.

THC and CBD interact with the body's endocannabinoid system (ECS). THC interacts with the body’s ECS to produce high sensations in consumers, while CBD does not produce the same level of intoxicating effects. Besides its psychoactive effects, THC is often associated with negative side effects like memory loss, increased heart rate, red eye, and dry mouth. Physicians in Georgia may recommend THC or CBD products for treating health conditions such as migraine, insomnia, pain, anxiety, and nausea. CBD’s unique medicinal benefits include the treatment of seizures, psychosis, and depression. According to an FDA report, some side effects of CBD are drowsiness and mood changes.

THC often appears on drug tests after some hours or days of consumption. Common drug tests such as blood, urine, saliva, and hair follicle tests only detect THC metabolites in the body. Since CBD and THC produce different metabolites, it is less likely for CBD to show up on these drug tests. Marijuana-derived CBD products in Georgia, which contain high amounts of THC, will be detected by conventional drug tests. On the other hand, hemp-derived CBD products containing below 0.3% THC are less likely to show up on drug tests due to the trace amount of THC. However, frequent CBD consumers may fail the drug tests.

What is Delta-8 THC?

Delta-8 THC is one of the major isomers of THC. Like other THC isomers, Delta-8 occurs naturally in cannabis and can get consumers in Georgia ‘high.’ However, the psychoactive effect produced by Delta-8 is less potent than Delta-9 THC. Delta-8 THC is mostly produced in labs from hemp-derived CBD because it is not abundant naturally in cannabis. Delta-8 THC products come in different forms, including gummies, vaping cartridges, tinctures, oils, and edibles. Consumers may experience side effects such as irregular heart rate, numbness, anxiety, and confusion. The Food and Drugs Administration (FDA) also warns of some adverse effects of using Delta-8 THC. However, Delta-8 THC provides some potential health benefits similar to other cannabinoids. Delta-8 THC typically shows up on drug tests, as shown below:

  • In urine tests, frequent Delta-8 THC consumers in Georgia may test positive after 30 days of last use. Single users may fail the urinalysis test after three days of last use

  • Saliva tests can reveal the presence of Delta-8 THC after 24 hours of last use. In some cases, the cannabinoid remains in saliva after 72 hours

  • Blood tests will detect Delta-8 THC in the blood after two to 12 hours of last use

  • Hair tests can detect Delta-8 THC after up to 90 days of last use

Is Delta-8 THC Legal in Georgia?

There is no law in Georgia specifically legalizing Delta-8 THC. However, the Georgia Hemp Farming Act in 2019 permits the production, distribution, and sales of hemp and other hemp-derived products with less than 0.3% THC. Hemp processors licensed by the Georgia Department of Agriculture may produce hemp derivatives, including Delta-8 THC products. However, there are no licensed dispensaries in Georgia. Delta-8 THC products that meet the requirements of the 2018 Farm Bill may be shipped from other states into Georgia.

What is Delta-9 THC?

Delta-9 is the natural THC (tetrahydrocannabinol) found in cannabis or marijuana plants. Delta-9 THC must not exceed 0.3% in hemp, according to the US and Georgia hemp laws. Unlike other THC isomers, Delta-9 THC is found in high concentrations in cannabis. Delta-9 THC produces psychoactive effects stronger than Delta-8 or Delta-10 THC. Other effects of Delta-9 include red eye, increased appetite, sleepiness, and dry mouth. Frequent consumption may lead to hallucinations, increased heart rate, and panic attacks. Despite the several health risks of consuming THC, licensed physicians in Georgia may recommend low-THC products for treating certain health conditions, including:

  • Cancer-related nausea and vomiting

  • Severe amyotrophic lateral sclerosis

  • Seizure disorders

  • Crohn’s disease

  • Mitochondrial disease

  • Parkinson’s disease

  • Tourette’s syndrome

  • Autism spectrum disorder

  • Alzheimer’s disease

  • PTSD (Post-Traumatic Stress Disorder)

THC often shows up on drug tests in urine, saliva, hair, and blood samples. It usually stays in the blood for up to 12 hours, while it may stay in saliva for up to 72 hours, depending on the amount consumed. In urine, Delta-9 THC may remain for up to three to 30 days. Delta-9 THC can remain detectable in hair for as long as 90 days after the last use.

Is Delta-9 THC Legal in Georgia?

Yes. Georgia legalized low-THC oil through the Haleigh's Hope Act in 2015. According to the Act, Georgia residents with certain debilitating conditions can register for the Low-THC Oil Registry and obtain a low-THC Oil Card issued by the Georgia Department of Public Health (DPH). The card allows them to possess up to 20 fluid ounces of low-THC oil at a time. The Delta-9 THC oil permitted for only registered patients in Georgia must contain no more than 5% THC. However, Georgia has no licensed dispensaries presently. Registered patients and caregivers may purchase low-THC oil once the GA Access to Medical Cannabis Commission (GMCC) licenses medical marijuana dispensaries.

The Georgia Hemp Farming Act also legalizes hemp-derived products with 0.3% Delta-9-THC or less. However, the only hemp-derived products legal for consumption in Georgia include the following:

  • Hulled Hemp Seeds

  • Hemp Seed Oil

  • Hemp Seed Protein Powder

These hemp products contain no more than 0.3% THC and are considered safe under FDA Generally Recognized as Safe (GRAS) products. Shipping these products into or out of Georgia is also legal.

What is Delta-10 THC?

Delta-10 is one of the THC isomers found in trace amounts in cannabis but can be synthesized from hemp-derived CBD. The ‘high’ sensations created by Delta-10 are less intense than the other THC isomers. Although Delta-10 THC is known for its milder effects, similar to CBD, consumers may experience side effects such as impaired coordination, changes in perception, and dry mouth. These effects often vary from one person to another depending on the dosage, method of consumption, and unique body tolerance. Generally, most Delta-10 THC products are synthetic cannabinoids, which regular drug tests may not detect.

Is Delta-10 THC Legal in Georgia?

Georgia has no specific law permitting the sale and use of Delta-10 THC. However, Georgia residents may possess or use Delta-10 THC products only if it meets the requirements of the 2018 Hemp Farming Act or medical cannabis law. No licensed dispensaries sell Delta-10 THC products in Georgia. However, Delta-10 THC products derived from hemp, containing no more than 0.3% THC, may be shipped from other states to Georgia. Note that Delta-10 THC produced in the lab may be considered synthetic cannabinoids, which are illegal in the U.S.

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