Lawsuit Alleges Delta 8 is Legal in Georgia

Rick: First at 6 and only on CBS46, Georgia vape shops raided. Exclusive video showing officers storming a cannabis distribution center in Gwinnett County. Prosecutors arguing some companies are selling dangerous THC products.

Shon: But a new lawsuit claims the products are legal. Now businesses involved in that lawsuit are hoping to clear up the confusion. We checked and Georgia law allows for hemp-related products to be legal, as they have a Delta-9-THC concentration of no more than 0.3%. But there is a gray area surrounding other Delta products.

Rick: CBS46’s Jamie Kennedy live in Gwinnett County with the story, Jamie.

Jamie: Yeah. Good evening, Rick. So, many Gwinnett stores like this one here that sell Delta-THC products, that’s Delta-8 products, they’re worried that their inventory is in jeopardy from raids from police and why a lawsuit has been filed, and also an injunction to stop any further action.

This is exclusive video obtained of Gwinnett officers raiding a vaping distribution center looking for Delta-8-THC products, which up until recently many in the state thought was a legal practice.

Shakinah: From what I have seen and known in the past that it was legal, at least federally, and that a certain level of THC was legal.

Jamie: The products give users a very similar high to the one obtained by taking marijuana. Under the Georgia Hemp Farming Act passed in 2019, it says, “Products derived from hemp carrying no more than 0.3% Delta-9-THC can be sold legally.” It doesn’t mention Delta-8 products, so many have thought them to be legal. The Gwinnett County DA says it is illegal under the Hemp Act and say some Delta-8 products have caused a number of children to have psychotic episodes.

Brandon: The issue is that Delta-8 and Delta-10 are not always derivatives of hemp products. And even if they are derivatives of hemp product, the legislature was very specific that hemp is defined as something that contains Delta-9-THC in the amount of 0.3% or less.

Jamie: The issue of whether it is legal or not sparking a lawsuit against the Gwinnett DA by retail sellers.

Tom: I don’t believe it is gray. The Hemp Bill basically legalized all cannabinoids, all extracts, unless we’re talking about Delta-9-THC.

Jamie: Those in the business are hoping the lawsuit will bring clarity as the Delta-8 products make up well over half their profits.

Shakinah: So far, it’s hurt our bottom line, and we’re trying to adjust, but most of our sales were coming from the Delta-8 products.

Jamie: So when the distribution center here was raided, around $2 million worth of stock was taken from them. They say they always have run as a legitimate business, still are running as a legitimate business. The Gwinnett County DA tells me that they are constantly working with business owners on this legislation. Live in Norcross, Jamie Kennedy, CBS46 News.

Woman: Breaking at 6, raves…


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