Are THC Gummies Legal in Georgia?

Yes, hemp-derived THC gummies are legal in Georgia, while marijuana-derived THC gummies are only legal for medical use. Recreational use of marijuana-derived THC remains illegal in the state.

Understanding the Difference: Hemp-Derived vs. Marijuana-Derived THC Gummies

To fully grasp the legality of THC gummies in Georgia, it's important to differentiate between hemp-derived and marijuana-derived products.

Hemp-derived THC gummies are created from hemp plants, which contain less than 0.3% Delta-9 THC by dry weight, in accordance with the federal guidelines set by the 2018 Farm Bill. These edibles are federally legal and allowed for sale in most states, including Georgia, provided the source plant is hemp and the total concentration of THC is under the limit. 

Marijuana-derived THC gummies, on the other hand, come from marijuana plants and contain higher concentrations of Delta-9 THC. These products are typically available only through medical marijuana programs or in states where recreational use is legalized. In Georgia, marijuana-derived THC gummies are only permitted for medical use, and recreational use remains prohibited. Recreational use can result in legal repercussions and may even lead to jail time.  

Legal Status of Marijuana-Derived THC Gummies in Georgia

Georgia has very strict rules when it comes to marijuana-derived THC products. Recreational marijuana use in any form is illegal across the state.

However, in 2015, the state passed House Bill 1 (also known as the Haleigh’s Hope Act), which legalized the use of medical cannabis oil for patients with specific medical conditions.

This bill set the stage for limited access to marijuana-derived THC products, though gummies and other forms of edibles were not initially part of this legislation. It was strictly set to oil. 

The state expanded access to medical cannabis in 2019, creating the Georgia Access to Medical Cannabis Commission. This commission is responsible for overseeing the production and distribution of low-THC oil, which can contain up to 5% THC.

Although the state has a low-THC oil registry for patients with qualifying conditions, the law is highly restrictive. The focus is on cannabis oil rather than edibles like gummies. As such, while the use of marijuana-derived products for medical purposes is legal in Georgia, the options for products like THC gummies remain limited.

Patients in Georgia who are registered with the state's medical cannabis program can legally possess up to 20 fluid ounces of low-THC oil, but they must be prescribed this product by a licensed physician.

There are no provisions for the purchase of marijuana-derived THC gummies under the state's medical marijuana laws, meaning that the legal availability of such products is highly restricted.

The restriction to oil-only is most likely due to the fact that Georgia wants to avoid recreational use through unwarranted medical licenses, and also to prevent children from consuming candy-like edible treatments. 

Legal Status of Hemp-Derived THC Gummies in Georgia

Hemp-derived THC gummies are legal in Georgia and much more accessible. In alignment with the 2018 Farm Bill, the state allows the sale and purchase of hemp-derived products that contain less than 0.3% Delta-9 THC by dry weight.

This means that hemp-derived THC gummies are legal in Georgia, provided they stay within that federally established THC limits.

The legal landscape for hemp-derived THC in Georgia saw further refinement with the signing of SB 494 into law by Governor Brian Kemp in June 2024.

This bill reinforced the legality of hemp-derived THC products while introducing several key provisions:

1. No THC caps per serving or package: SB 494 notably does not impose per-serving or per-package THC caps, maintaining the federal standard of 0.3% Delta-9 THC by dry weight for the product as a whole. This provides manufacturers and consumers with more flexibility in the concentration and dosage of individual products. It also makes it easier for brands, like ours, to offer consistently dosed and labeled products versus needing to develop different products to adhere to specific state regulations. 

2. Age restrictions: Purchasers of hemp-derived THC gummies must be 21 years or older under the new law. This aligns with existing regulations for products like alcohol and tobacco, ensuring that minors do not have easy access to THC-containing products. Credible brands have no problem with this point of legislation. In fact, we endorse it. There are many online age gate tools that can confirm the age of consumers in the same way their age is confirmed when ordering booze online. 

3. Packaging and labeling requirements: SB 494 also introduced strict and defined packaging and labeling rules to ensure consumer safety. This includes clear labeling of THC content, proper dosage instructions, and warnings about the psychoactive effects & side effects of THC. Retailers are required to comply with these guidelines to continue selling hemp-derived THC gummies in Georgia. 

Pushback Against SB 494

While SB 494 established clear guidelines for the legal sale of hemp-derived THC gummies in Georgia, recent legislative efforts have sought to impose additional restrictions.

Some lawmakers and advocacy groups have expressed concerns about the growing prevalence of THC products, particularly in retail environments like liquor stores or mom-and-pop convenience stores.

These efforts include proposals to ban the sale of hemp-derived THC gummies in certain types of retail locations, such as liquor stores.

Advocates for this measure argue that selling THC gummies in these environments could contribute to misuse or overconsumption, particularly in combination with alcohol.

Additionally, some lawmakers are pushing for random restrictions on the sale of these products, including limiting the types of stores where they can be sold and implementing more rigorous ID checks at the point of sale.

Overall, this seems a bit ridiculous, as it just forces the consumer to walk into two separate stores to purchase a product versus just taking one trip. If a new amendment passes, it would have little positive effect on its intended measures. 

While these legislative efforts have not yet resulted in new laws, they reflect ongoing debates about how to regulate the growing market for hemp-derived THC products in Georgia.

As the state navigates these concerns, consumers should be mindful of potential changes to where and how they can purchase THC gummies in the future.

What Georgia Consumers Need to Know About THC Gummies

If you’re purchasing THC gummies in Georgia, it’s essential to know the legal framework and stay updated on any potential changes to the law. Here’s a summary of what you need to consider:

1. Hemp-derived THC gummies are legal: As long as the gummies contain less than 0.3% Delta-9 THC by dry weight, they are legal to buy, sell, and possess in Georgia. Retailers must comply with SB 494’s packaging and labeling requirements, and you must be at least 21 years old to purchase these products. Carrying around a COA (or Certificate of Analysis) showing that the raw materials are sourced from hemp is a great idea. As well as keeping the product in the original packaging. 

2. Marijuana-derived THC gummies are restricted to medical use: If you are a registered medical marijuana patient in Georgia, you may have access to low-THC oil, but there are currently no provisions for marijuana-derived THC gummies under the state’s medical marijuana laws. Recreational use of marijuana remains highly illegal.

3. New restrictions may be on the horizon: Although hemp-derived THC gummies are legal under SB 494, lawmakers continue to push for additional regulations. These may include banning the sale of THC gummies in certain stores and introducing more stringent purchasing restrictions. Keeping an eye on these potential changes is important to ensure you stay compliant with Georgia law.

Which THC Gummies Can you Buy Legally in Georgia?

If you live in Georgia, the best legal THC gummies to buy are delta-9 gummies online. This is because there are no THC gummy options available in dispensaries, even for medical use, and the options that are sold online are hemp-derived since they are being shipped across state lines. 

Don't fall for the snake oil hemp products on Amazon, go directly to the brand's website since Amazon bans credible brands from listing products but allows "brand burner" fake CBD & THC brands to list their products.

Don't believe us? Just search the top 10 cannabis brands, like Sunday Scaries, on Amazon and see what you find... 

Conclusion

In Georgia, the legal status of THC gummies depends on their source. Hemp-derived THC gummies are legal for purchase and consumption by adults 21 and older, thanks to the 2018 Farm Bill and SB 494. These products must meet federal THC limits and comply with the state's packaging and labeling requirements.

However, marijuana-derived THC gummies remain largely inaccessible, as Georgia’s medical marijuana program does not cover edibles like gummies (only CBD oil), and recreational use is prohibited.

While SB 494 has created a favorable legal environment for hemp-derived THC, ongoing legislative efforts may introduce new restrictions, making it crucial for consumers to stay informed about the evolving regulatory landscape.

Whether you’re looking to buy hemp-derived THC gummies or considering Georgia’s medical marijuana program, understanding the current laws will ensure that you stay within the legal boundaries while enjoying these products responsibly.

Frequently Asked Questions

Are THC gummies legal in other states?

For a comprehensive list and detailed map of the legality of THC gummies, check out our master article: Are THC Gummies Legal?