Recently, as reported by the AJC, our firm was able to obtain a temporary restraining order (“TRO”) blocking the District Attorney of Gwinnett County from targeting businesses and individuals for selling or possessing hemp products containing Delta-8 and Delta-10-THC. The TRO will be in effect for 30 days and prevents the DA from initiating or continuing any arrests or asset seizures during that time.
Attorney Tom Church was interviewed about the case on Fox 5 News in Atlanta. Our firm is helping many retailers and distributors who stock and sell Delta-8 and Delta-10 products avoid legal problems.
As we previously announced, our firm has filed a lawsuit against the State of Georgia and the DA of Gwinnett County, in her individual capacity, to stop prosecutors and law enforcement from targeting businesses and individuals selling legal hemp products. Last week, we presented a motion for a TRO to protect our clients in Gwinnett while the suit is pending, since they have lost over half of their income due to the DA’s change of policy regarding these products.
Our firm provided notice to the DA of our intention to request a TRO, and we provided the DA with copies of our motion and complaint last Friday. We also notified them when the Court set a hearing for this morning. Nevertheless, no one from the DA’s office or the State appeared in court today to defend their position.
The judge granted our order to preserve the status quo before the DA’s recent change in policy and recognized that our clients are losing their livelihood due to that change. The judge also expressed serious concerns that the DA’s actions are contrary to the state’s hemp laws, which legalized hemp and any of its extracts, derivatives, and cannabinoids as long as they have less than 0.3% Delta-9-THC.
The next step is for the court to schedule a broader hearing where both sides will be able to present evidence and make arguments. We look forward to that day and to fighting for our clients.
If you or someone you know owns or operates a business that is involved in manufacturing, distributing, or selling delta-8 or Delta-10 products, you need to keep up with the latest legal developments in the hemp and cannabis industry. Our firm has the most recent experience of any firm in Georgia litigating these issues in court and helping business who have had inventory or assets seized. Contact us to see if we can also help you.