2021 Update:
In 2021 a failed legislature session was introduced to improve Georgia’s harsh marijuana laws. SB 263 would have legalized and regulated cannabis for adults. HR 281 and SR 165 would have referred a constitutional amendment on legalization to voters. SB 77 would have reduced the penalty for possession of less than a half-ounce of cannabis to a fine of up to $300. Lastly, HB 738 and SB 264 would have created comprehensive medical cannabis programs.
As of May 2021, a signed legislation, Bill 195, will permit establishments up to 30 state-licensed retailers of high-CBD/low THC oil products to qualified patients. This law does not take effect until July 1, 2021.
Original Post:
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Georgia Hemp Laws and the legality of CBD in Georgia, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Georgia
Is Full Spectrum CBD Legal in Georgia?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Specifically in Georgia, there is much confusion between CBD and what Georgia law defines as 'Low THC Oil.' Low THC Oil is part of the Georgia Medical Marijuana Program.
What constitutes CBD oil isn’t defined in Georgia law, and the state Department of Agriculture is responsible for creating rules and regulations for hemp production by mid-July, said Carla Rieffel Bozeman, a spokeswoman for the Prosecuting Attorneys’ Council of Georgia.
Mark NiesseHelena Oliviero. 2019 31 May. Confusion continues over the legality of CBD products. The Atlanta Journal-Constitution
The apparent answer to, 'Is CBD Legal in Georgia' in no. However, enforcement actions have been focused on CBD retailers that put CBD in food, drink, and pet edibles that are federally illegal.
Is It Legal to Ship PCR Hemp Oil to Georgia?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Georgia?
CBD shops in Georgia currently exist in a legal gray area until Georgia hemp laws are clarified around CBD. However, Georgia residents may legally purchase and possess CBD products bought online (or elsewhere).
Do you need a special license to purchase PCR Hemp Oil in Georgia?
You don’t need a special license to purchase CBD hemp oil (all types) in Georgia, only to grow, test, or sell products. If you are looking for 'Low THC Oil' under the Georgia Medical Marijuana Program you will need a special license though.
CBD Oil from hemp does not meet the same definition as 'Low THC Oil' but the products do have some similar qualities.
How Does Georgia Legally Define Hemp?
'Hemp' means the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level.
Georgia Hemp Farming Act, HB 213
Growing and Selling Hemp in Georgia
Georgia hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow. The first Georgia hemp harvest took place in the Fall of 2019, and the state's hemp farming program is only expected to keep growing.
Retail Hemp and CBD products must comply with Georgia hemp laws:
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- The THC must be reported as “total THC”
In addition to Georgia state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
Processing Hemp in Georgia
In addition to Hemp Cultivation Licenses, Georgia also offers Hemp Processing Licenses for those who extract hemp into CBD and other products. The rules for this are well explained.
What is unclear at this time is if the processors can legally make products with the CBD they extract from hemp and if they can legally sell CBD products in retail stores.
Georgia state residents may legally possess the following CBD and hemp products under federal law:
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Hemp topicals
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Georgia still has much work to do to clarify the legality of making CBD products in Georgia and selling CBD products from a Georgia-based business. In time, Georgia is expected to resolve the conflict in their legal definitions of CBD vs Low THC Oil. After that is clarified, they should have an easier path to creating laws for CBD product production and retail sales.
