What you need to know about Georgia’s new hemp law that went into effect this week

A slate of new rules and regulations for Georgia’s hemp industry went into effect on Tuesday. Among them are a ban on hemp food products and age restrictions for people under 21.

The changes come as a result of S.B. 494which was signed into law in April. The Georgia Hemp Farming Act enacts a slew of regulations that impact the entire supply chain — from growers to retailers.

“I’m grateful to the General Assembly for passing this legislation that puts in place necessary guardrails to protect Georgia’s children and communities as this industry evolves,” Gov. Brian Kemp said in a press release.

Per federal law, hemp is a type of cannabis plant that naturally contains less than 0.3% of delta-9 THC, the component that gives users a psychoactive “high.” Hemp can contain other cannabinoids like CBD or delta-8.

It’s different from what’s legally considered marijuana, which has a higher concentration of THC. The new law does not affect Georgia’s medical marijuana program.

Much of the law enacted rules on licensing for hemp growers, processors, manufacturers, wholesalers, retail shops and laboratories.

The law also impacts what’s available to purchase. Here’s what consumers need to know.

What changed

• It’s now unlawful for people under the age of 21 to purchase hemp products. Unlawful possession will result in a misdemeanor and up to a $500 fine.

• Hemp food products, such as baked goods or snacks, are banned under the new law. Food products are defined as products meant for physical sustenance. Hemp gummies are not food products and are still legal in Georgia.

• Hemp beverages that also contain alcohol are prohibited.

• A limit on THC-A products is now explicit due to updated language in Georgia’s code, according to the Georgia Department of Agriculture. THC-A was mostly available in the form of smokable flower.

In Georgia, delta-9 THC and THC-A are both considered in the federal lab testing requirements for the limit on THC in hemp. Prior to the new law, Georgia did not enforce THC-A in the limit on a widespread level. Georgia’s legal code now aligns with federal law, which effectively bans most THC-A products.

What stayed the same

• Recreational marijuana remains illegal in Georgia.  

• Consumable hemp in the form of tinctures, gummies, vapes and beverages not containing alcohol remain legal in Georgia.

• Cannabinoids such as delta-8 and delta-10 are not regulated in Georgia. Synthetic cannabinoids are not regulated either.

• Georgia residents can buy hemp products from online retailers in other states, and have those products shipped to Georgia legally.

What could change in the future

Some items in S.B. 494 are under consideration, and updated rules could be announced this month.

• Regulations for labeling, packaging and advertising hemp products are under consideration.

• Serving size limits for hemp-derived delta-9 THC products are under consideration. This will also impact hemp products that are topicals, such as lotion.