Earlier this week, our firm filed a lawsuit in Atlanta to stop the Gwinnett County District Attorney from raiding businesses and arresting shop owners for selling hemp products containing Delta-8 and Delta-10. Delta-8 and Delta-10 are cannabinoids, like CBD, that come from hemp plants and can be purchased and sold in various forms to treat pain, anxiety, and other conditions. The lawsuit explains why Delta 8 is legal in Georgia.
Last month, the District Attorney announced that she would begin arresting shop owners and raiding businesses that sell products with Delta-8 and Delta-10. Our lawsuit contends that the District Attorney lacks authority to arrest these shop owners or seize their property because products containing Delta-8 and Delta-10 derived from hemp plants are “hemp products” under Georgia’s hemp law, namely O.C.G.A § 2-23-3.
Under Georgia law, “hemp” is defined as a cannabis plant, and all of its extracts, derivatives, isomers, and cannabinoids, that contain less than 0.3% Delta-9-THC, the ingredient that makes people “high.” “Hemp products,” in turn, are products containing cannabinoids and extracts from hemp plants, as long as the products have less than 0.3% Delta-9-THC. Hemp and hemp plants are excluded from Georgia’s criminal laws outlawing marijuana.
The products our clients were selling contained Delta-8 and other cannabinoids that were extracted from hemp. In that sense, they are like products containing CBD, which the District Attorney acknowledges are legal. As a result of the District Attorney’s actions, our clients have had to stop selling Delta products and are facing severe business losses.
We believe the public deserve clarity on the law and that the plain language of Georgia’s hemp laws clearly allow the sale and possession of products containing hemp-derived cannabinoids like Delta-8. We look forward to giving our clients their day in court and protecting their businesses and livelihoods.
Tom is a trial and appellate lawyer focusing on criminal defense and civil trials. Tom is the author of our firm’s “The Federal Docket” and a contributor to Mercer Law Review’s Annual Survey in the areas of federal law. Tom was named a “Top 40 Under 40” lawyer by The National Trial Lawyers, and is a recognized expert in federal sentencing law. He graduated with honors from the University of Georgia Law School where he served as a research assistant to the faculty in the areas of constitutional law and civil rights litigation. Read Tom’s reviews on AVVO. Follow Tom on Linkedin.