Georgia's new CBD rules would cap delta-9 THC
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A new Georgia law to create rules and regulations on the state's growing legal hemp industry is going to change the way you eat gummies and drink CBD beverages. But just relax, OK, man.
Why it matters: Medical marijuana is tightly regulated in Georgia, but legal variations of cannabis — including products infused with delta-9 THC, one of the plant's cannabinoids that people use to relax, relieve pain and get high — have become big business.
- After years of relatively few regulations in Georgia, the pendulum is swinging back weeks before a new law takes effect on Oct. 1.
Driving the news: State agricultural officials are accepting public comments until Sept. 6 to finetune a new law that establishes a legal age of 21, creates testing and registration requirements, and caps the amount of delta-9 THC in the products.
- Under the new regulations, hemp "flower" — which looks and smells nearly identical to marijuana — is planta non grata. Its sale would be prohibited in Georgia.
- The same goes for food products infused with delta-9 THC, such as chocolates.
Zoom in: Cannabis products will have a maximum amount of delta-9 THC, the cannabinoid that can make users feel high.
Here are the proposed limits:
🍬 Gummies: The sweet or sour treats cannot contain more than 10mg of delta-9 THC per serving or more than 150mg of delta-9 THC per package.
🥤 Beverage products: The fastest-growing segment of the CBD market is now capped at 5mg of delta-9 THC per serving.
- The drinks must not exceed one single serving per container, which rules define as no more than 12 ounces.
🧴 Topicals: Creams, lotions and ointments cannot contain more than 1,000mg of delta-9 THC per package.
💧 Tinctures: Oils people can administer via droppers cannot contain more than 1 milligram of delta-9 THC "per serving nor exceed 10 fluid ounces per container."
- The proposed rules define a "serving" as 2 fluid ounces.
The intrigue: The proposed rules and limits could face potential legal challenges, Thomas Church, an Atlanta attorney who represents CBD stores and companies, told Axios.
- He said Georgia's law might also conflict with the federal law that legalized hemp CBD, opening loopholes to begin cooking the alphabet soup of products like CBD, CBG, THC-A, delta-8 and the like.
In the weeds: Meanwhile, Congress is working to pass a new Farm Bill, which allows lawmakers to add or strip regulations on the federal level and which could conflict with state laws.
Ripple effect: Companies must tweak their products' strength and packaging to meet the tight turnaround time and comply with the law, Joe Salome, the co-founder and managing partner of the Georgia Hemp Company, told Axios.
- Some out-of-state companies might stop sending their products to Georgia rather than comply with the new labeling and limits, Salome added.
Zoom out: Salome said the new rules could clear up legal confusion and attract new retailers — think major grocers, package stores and sports arenas, for example — and established cannabis companies already selling in other states.
What's next: After considering written comments, officials will hold a hearing to discuss and approve the new regulations.