The Big Picture: SB 494 and THC in Georgia
SB 494 amends multiple sections of the Official Code of Georgia Annotated (OCGA), primarily under Title 2 (Agriculture) and Title 16 (Crimes and Offenses), to regulate hemp and THC products more tightly. Effective October 1, 2024, it builds on the 2018 Federal Farm Bill’s hemp framework but adds Georgia-specific teeth—think testing, licensing, and bans on certain products. Whether you’re a consumer, a business owner, or just curious, here’s what you need to know about what’s legal, what’s illegal, and how it might affect you on Atlanta’s roads.
What’s Legal Under the New Law
- Low-THC Hemp Products
- What’s Allowed: You can still buy and use consumable hemp products—like gummies, tinctures, vapes, and non-alcoholic drinks—if they contain no more than 0.3% total delta-9 THC by volume. This is codified in OCGA §2-23-4(3) (2024), which defines “hemp products” and sets the THC cap. The catch? That 0.3% now includes THCA (tetrahydrocannabinolic acid) after decarboxylation—when heated, THCA turns into delta-9 THC, and the total must stay under the limit per OCGA §2-23-6.1(c).
- Details: Cannabinoids like delta-8, delta-10, and CBD aren’t controlled substances (OCGA §16-13-25(3)(P)), so they’re fair game in these products. Extracts from hemp flower or leaves are also legal if compliant, keeping Atlanta’s hemp shops alive—for now.
- Medical Low-THC Oil (Untouched)
- What’s Allowed: SB 494 leaves Georgia’s medical cannabis program intact under OCGA §16-12-200 et seq. If you’ve got a Low THC Oil Registry Card, you can possess up to 20 fluid ounces of oil with 5% THC or less by weight for conditions like seizures or PTSD (OCGA §16-12-206). This isn’t hemp—it’s a separate carve-out, unaffected by the new law.
- Licensed Hemp Businesses
- What’s Allowed: Growers, processors, manufacturers, wholesalers, retailers, and labs can operate legally with a license from the Georgia Department of Agriculture (OCGA §2-23-5). SB 494 ramps up oversight—think annual permits and random inspections (OCGA §2-23-10)—but keeps the industry humming for those who play by the rules.
- Sales to Adults 21+
- What’s Allowed: As of October 1, 2024, hemp products meeting the 0.3% THC threshold can only be sold to folks 21 and older (OCGA §2-23-4.1(a)). It’s like buying beer now—ID required, no exceptions.
- Testing and Labeling
- What’s Allowed: Products need a “full panel certificate of analysis” from a licensed lab, updated yearly, testing for THC, THCA, CBD, CBDA, CBG, CBGA, CBN, HHC, and more (OCGA §2-23-6.1(a)-(b)). This can be on the package or a QR code, ensuring what you buy in Sandy Springs or Midtown is legit.
What’s Illegal Under the New Law
- Hemp in Food Products
- What’s Banned: Say goodbye to hemp-infused brownies, cookies, or chocolates. OCGA §2-23-4(3)(B)(i) prohibits hemp or CBD in “food products” meant for nutritional subsistence—think anything you’d eat as a meal or snack. Gummies dodge this (they’re not “food” due to low nutrition), but that hemp cookie from your favorite Atlanta bakery? Illegal as of October 1, 2024.
- Raw Hemp Flower and Leaf Sales
- What’s Banned: Selling raw hemp flower or leaves is outlawed under OCGA §2-23-4(3)(A)(ii), no matter the THC level. Why? Cops can’t easily tell hemp from marijuana on sight—both are Cannabis sativa L. Extracts or derivatives (like oils) are still okay if under 0.3% THC, but that dank bud you saw at a hemp shop? Gone.
- THCA-Heavy Products (Practically Illegal)
- What’s Banned: THCA isn’t banned outright, but OCGA §2-23-6.1(c) counts it toward the 0.3% THC limit post-decarboxylation or heating. This is a problem for THCA as when samples are tested they are often heated. Since THCA-heavy products (like some hemp flower or concentrates) turn into delta-9 THC when heated, they often exceed the cap—making them illegal. This slams the door on a former loophole that kept THCA popular in Georgia.
- Sales to Minors Under 21
- What’s Banned: Selling or giving hemp products to anyone under 21 is a violation under OCGA §2-23-4.1(b). Penalties include fines up to $1,000 and license loss for businesses (OCGA §2-23-10(c)), with possession by minors also prohibited.
- Unlicensed Hemp Operations
- What’s Banned: Running an unlicensed hemp business—growing, processing, selling, or testing—is a misdemeanor under OCGA §2-23-10(d): up to 12 months in jail and a $1,000 fine. Repeat offenders face a high and aggravated misdemeanor, with stiffer penalties. No more fly-by-night vendors in Atlanta’s hemp scene.
- Sales Near Schools
- What’s Banned: Selling hemp within 500 feet of a K-12 school is illegal per OCGA §2-23-4.1(c), echoing drug-free zone laws. Violations tie into controlled substance penalties under OCGA §16-13-32.4—think jail time and hefty fines.
- Misleading Packaging or Ads
- What’s Banned: Products mimicking kids’ snacks or lacking THC warnings are out under OCGA §2-23-6(d). Advertising rules are still in flux, but deceptive marketing could trigger inspections or bans (OCGA §2-23-10(b)).
- Recreational Marijuana (Still Illegal)
- What’s Banned: SB 494 doesn’t touch recreational marijuana. Possession of marijuana over 0.3% THC (outside the medical program) remains a crime under OCGA §16-13-30(j): misdemeanor for under 1 ounce (up to 1 year, $1,000 fine) and felony for more (1-10 years, $5,000 fine).
The DUI Connection: THC and Driving in Atlanta
Here’s where our expertise kicks in. Georgia’s DUI law, OCGA §40-6-391(a)(2) makes it illegal to drive under the influence of marijuana or any drug rendering you “less safe”—and that includes hemp-derived THC if it impairs you. Even legal hemp products (under 0.3% THC) could lead to a DUI if an officer smells something funky, spots bloodshot eyes, or nails you on a field sobriety test. Blood tests showing any THC metabolites (even inactive ones from days ago) can bolster a “less safe” charge, and Georgia doesn’t have a per se THC limit like some states.
Caught with illegal hemp flower or THCA goodies in your car? That’s a Violation of the Georgia Controlled Substances Act (VGCSA) or felony or misdemeanor drug possession under OCGA §16-13-30, piling on top of a DUI. And if you’re under 21 with hemp products, you’re breaking OCGA §2-23-4.1(b)—another charge. We’ve seen cops in Metro-Atlanta use the smell of marijuana as probable cause for stops, especially near nightlife spots like Buckhead or Midtown. SB 494’s tighter rules mean more scrutiny, the “odor of marijuana” police loophole to search your car stays intact and a sloppy night out could land you in cuffs.
Gray Areas to Watch
- Hemp Flower Derivatives: OCGA §2-23-4(3)(A)(ii) bans raw flower sales, but processed flower (e.g., sprayed with delta-8 or ground or pre-rolled) might squeak by as processed or an “extract.” The Department of Agriculture could push back—lawsuits are brewing.
- THCA Enforcement: Pre-October 1, 2024, THCA was a gray-area win. Now, it’s a testing nightmare—past sales might be defensible, but today’s are burnt toast. Pardon the pun.
- Consumer Fallout: Fewer products (no hemp brownies) might drive folks to the black market, risking felony marijuana charges.
Why You Need Us
Navigating SB 494 is tricky—whether you’re a hemp user, seller, or just caught with the wrong stash while driving. At George C. Creal, Jr., P.C., Trial Lawyers, we’ve got over 50 years of trial experience and hundreds of not guilty verdicts, including DUI cases tied to cannabis. We’ve argued before the Georgia Supreme Court—over twenty times—and won appeals that shape the law. Prosecutors and judges call us “Georgia’s Real Deal DUI Lawyers” for a reason—they even refer us cases.
Facing a DUI with hemp or THC in the mix? We’ll tear apart the stop, the tests, and the evidence. Selling hemp and hit with a violation? We’ll fight the fines and licensing mess. We limit our caseload to dig deep—10 hours per case on average—because you’re not just a file to us.
The Bottom Line
As of October 1, 2024, SB 494 keeps hemp under 0.3% THC legal for adults 21+ with strict rules (OCGA §2-23-4), while banning food products, raw flower, and THCA-heavy stuff (OCGA §2-23-4(3)). Marijuana’s still a no-go, and driving impaired—even on legal hemp—can snag you a DUI under OCGA §40-6-391. Atlanta’s hemp scene just got stricter, and the stakes are higher. Don’t roll the dice—call us if you’re tangled up in this.
Contact George Creal for Expert DUI Defense
George Creal is a seasoned DUI lawyer based in Georgia, dedicated to defending clients against DUI charges with expertise and compassion. Visit www.georgecreal.com or call 404-333-0706 to learn more
Disclaimer
The information in this blog post is for general informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific legal situation.