New Georgia Laws Regulate Hemp Products and Cultivation

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Georgia recently passed new laws regulating the growing hemp industry, which went into effect on October 1, 2024. The legislation establishes age restrictions, product limits, licensing requirements, and testing standards for hemp and hemp-derived products.

As experienced criminal defense attorneys, we at Ghanouni Teen & Young Adult Defense Firm are here to help you understand these regulations and how they may impact you.

Age Restrictions and Product Limits on Hemp Products

Under the Georgia Hemp Farming Act, individuals must be 21 years or older to purchase hemp products in Georgia (O.C.G.A. § 16-12-241). The regulations also set limits on the amount of delta-9 THC allowed in various product types:

Gummies: Maximum of 10mg per serving and 150mg per package
Beverages: Maximum of 5mg per serving in a container no larger than 12 ounces
Topicals: Maximum of 1,000mg per package
Tinctures: Maximum of 1mg per serving (defined as 2 fluid ounces) in a container no larger than 10 fluid ounces

Additionally, the sale of hemp flower and certain edibles like chocolates is prohibited. Businesses that violate these rules may face civil and criminal penalties.

Licensing and Oversight by Georgia Department of Agriculture

The Georgia Department of Agriculture (GDA) now oversees the cultivation, processing, and testing of hemp and hemp products. Anyone who wants to grow or process hemp must obtain a license from the GDA (O.C.G.A. §§ 2-23-4, 2-23-5).

License applicants must submit to background checks and fingerprinting, and those with certain prior controlled substance offenses may be ineligible. Licenses must be renewed annually, and the GDA will conduct inspections of grow sites and processing facilities to ensure compliance.

Hemp growers must submit samples from each lot for THC testing, and any crops that exceed the acceptable hemp THC level (0.3% delta-9 THC on a dry weight basis) must be disposed of properly. Growers and processors are also required to keep detailed records of their operations.

New Testing and Labeling Requirements for Hemp Products

All hemp products must be tested by a GDA-approved laboratory before being sold to consumers (Ga. Comp. R. & Regs. 40-32-2-.02(3)). Product labels must include test results, warning labels if the product contains THC, and a QR code for tracing purposes. The new laws prohibit certain products like hemp cigarettes and vapes.

Selling mislabeled or untested hemp products can result in civil and criminal penalties. For example, anyone who sells or furnishes hemp products to someone under 21 years old is guilty of a misdemeanor (O.C.G.A. § 16-12-241(e)).

Goals and Potential Impact of the New Hemp Laws

These regulations aim to establish a well-regulated hemp industry in Georgia while protecting consumers with product safety standards and accurate labeling. By requiring licensing and testing, the laws crack down on unregulated products that may contain high levels of THC or synthetic cannabinoids.

The legal framework for hemp cultivation and processing supports farmers and small businesses entering the industry. However, existing CBD and hemp retailers may need to quickly adapt their products and practices to comply with the new limits and requirements.

There are still some open questions about how Georgia’s hemp laws will interact with federal regulations, which may continue to evolve. Strict oversight by the GDA will be critical to ensuring the success of the state’s hemp program.

As the hemp industry continues to grow in Georgia, it’s important for consumers to look for compliant, properly labeled products from licensed retailers. Businesses must stay informed about their legal obligations and make necessary changes to avoid penalties.

Understanding Georgia’s New Hemp Laws and Their Impact on You

If you or your child have been charged with a crime related to hemp products, marijuana possession, or cultivation, get experienced legal representation as soon as possible. Georgia’s new hemp laws are constantly evolving, and a conviction could jeopardize your future.

At Ghanouni Teen & Young Adult Defense Firm, we have years of experience defending teens and young adults facing drug charges, including offenses involving hemp and marijuana.

Our attorneys stay up-to-date on the latest developments in these laws and can help you understand your rights, explore your legal options, and build a strong defense strategy tailored to your specific situation.

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