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Fulton County Judge Blocks DA’s Attempt to Seize Hemp-Derived Cannabis Products

Georgia’s medical marijuana program continues to trudge along slowly, though certain individuals in parts of the state seem determined to limit progress and stand in the way of patients being able to access medical cannabis.

Just recently, Gwinnett County District Attorney Patsy Austin-Gatson imposed a ban on hemp-derived cannabis products, resulting in the seizure of over $2 million dollars in product.

However, in a recent ruling, a Fulton County Judge blocked the DA’s order and issued a temporary restraining order against the DA’s office, stopping them from enforcing the ban for at least the next 30 days.

Under some interpretations, hemp-derived cannabis products are legal according to the 2018 Farm Bill, and the Gwinnett County DA cited the fact that the bill doesn’t explicitly mention Delta-8 and Delta-10 products, thereby justifying the ban and seizure.

Gwinnett County District Attorney Goes After Hemp Products

Delta-8 & Delta-10 Products are Technically Legal in Georgia

According to the 2018 Farm Bill, hemp-derived cannabis products that contain less than 0.3% THC are legal in the United States, leading to the development and production of a wide-variety of hemp-derived products.

Seemingly overnight, companies began producing hemp-based products that contain higher concentrations of specific compounds that could mimic the “high” from traditional THC.

Gummies and vape cartridges started to fill vape store shelves and tobacco shops all around the country, resulting in many unregulated products getting into the hands of people aged 18 and older. While technically in a legal gray area, many states have moved to address the legality of these novel cannabis products through legislation and executive orders clarifying their “illegal” status. However, other states, such as Louisiana, have moved towards regulation over banning.

Are Delta-8 & Delta-10 Products Safe?

Delta-8 and Delta-10 are both compounds derived from either cannabis sativa, or hemp.

If you come across Delta-8 and Delta-10 products you’ll find in Georgia, they will almost certainly have come from hemp, and processed into a consumable such as gummies or vape cartridges.

While the compounds themselves are likely harmless, there just hasn’t been enough high-quality, long-term studies into consuming large quantities of these compounds, so the overall effects and long term impacts aren’t known.

To add to the mess, manufacturers are often encouraged to process these products quickly due to the changing regulatory climate, and this can lead to poor quality control, if there’s any to begin with.

The entire Delta-8 and Delta-10 product industry suffers from lack of regulation, essentially existing as a “Wild Wild West” type of product. Since these products exist in a legal gray area, the requirements for testing and safety are often minimal, or nonexistent.

This makes cannabis derivative products like these tough to shop for, and we’d suggest that patients are probably best served by avoiding them. If you’re a patient treating a qualifying condition and you’re determined to use these products, your best bet would be to seek out products that have undergone health and safety testing and come with certifications of analysis from reputable testing facilities.

What’s The Deal with The Fight Over Hemp Products in Georgia?

Some Georgians Showing Strong Stance Against Cannabis

It may seem odd that legislators are the only ones arguing over hemp and cannabis in Georgia, as the public has already settled their opinion on the matter.

Cities moving to prevent marijuana businesses from operating, DA’s seizing hemp assets, and legislators failing to get the medical marijuana program up and running have been clear examples of the incompetence that patients and citizens have been subjected to from lawmakers who have otherwise fumbled the ball. Georgia patients deserve better than this.

Actions by leaders, such as the Gwinnett County DA seizing assets over a questionable legal position paint a clear picture that it will be a fight every step of the way to increase patient access to medical marijuana in Georgia. It’s our hope that in the year ahead, lawmakers and government officials will respond to public opinion and take meaningful action to get the Georgia medical marijuana program up and running.


Get Your Georgia Marijuana Card

The Georgia medical marijuana program seeks to allow patients with certain chronic and terminal illnesses to access cannabis-derived CBD oil. Currently, the program is on hold until legislators can restart the program, and once available, patients will be able to register for the State’s low-THC registry.

We will be processing medical marijuana certifications as soon as the system is live for Georgia patients.

Reserve your appointment today and get $25 off when we start processing applications!

Feel free to give us a call at (866) 781-5606, and we can help answer your questions about getting medical marijuana in Georgia

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