The Georgia Court of Appeals ruled on Thursday that hemp-derived delta-8 THC and delta-10 THC products are not controlled substances under state law, 11 Alive reports. The ruling came in a challenge by Elements Distribution after it was raided by the state in 2022.
During the raid, police seized about $2 million worth of products, according to a CBS 46 report.
Trial Attorney Tom Church, with the Church Law Firm, told 11 Alive that the decision sets a precedent for similar cases throughout the state.
“What happened was that the Gwinnett County D.A. and the local drug task force raided several small businesses in the area, including our clients who are hemp products and other product distributors. … I think this is a powerful message for folks around Georgia that these are legal products. The legislature specifically legalized them in 2019 and that law enforcement has no authority to go after businesses that are legally selling these products.” — Church to 11 Alive
The Gwinnett County District Attorney’s Office could still appeal the decision to the state Supreme Court; however, the Appeals Court decision could pave the way for the products to be sold in Georgia.
Per a letter revealed in August, the U.S. Drug Enforcement Administration considers delta-8 THC which is synthesized from hemp-derived CBD to be federally illegal despite the legal status of hemp and its derivatives.
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Georgia Appeals Court: Delta-8, Delta-10 Products Not Controlled Substances