Georgia’s Court of Appeals has ruled edible products containing Delta-8 And Delta-10 THC aren’t controlled substances in that state.
In February last year, Gwinnett County law enforcement officers executed a search warrant on a warehouse owned by Elements Distribution, LLC. The officers seized business records, cash, and products containing delta-8 and delta-10-tetrahydrocannibol.
The delta-8 and delta-10 goods were seized on the premise Elements had violated a state law prohibiting the possession of a controlled substance with the intent to distribute.
The state later subsequently conceded the non-edible products seized were not controlled substances, and those were returned. However, the edible products continued to be withheld as the state maintained these were controlled substances.
In the Court of Appeals of Georgia, Elements sought the return of the remaining business records, currency, and edible products that were seized. The company argued because delta-8-THC and delta-10-THC are not controlled substances, those substances did not provide probable cause for the warrant.
The Court of Appeals ruled:
“Given the state’s concession that the nonedible products are not illegal despite containing delta-8-THC or delta-10-THC, we agree with Elements and reverse the trial court’s order denying Elements’ petition for the return of the seized items.”
This might not be over yet, as the Gwinnett County District Attorney’s Office could appeal the decision in the Georgia Supreme Court.
In other recent cannabis news out of Georgia, the state has become the first where non-hemp-derived medical cannabis products are permitted to be distributed to registered patients via independent pharmacies. However, this will be confined to low-THC cannabis oil.
Georgia’s medical cannabis program launched this year – more than four years after Governor Brian Kemp signed a bill into law providing for the production, manufacturing, and dispensing of low THC cannabis oil (up to 5% tetrahydrocannabinol) back in 2019. In 2021, the Georgia Access to Medical Cannabis Commission selected six companies to manufacture low-THC cannabis oil in the state.
Georgia law lists 18 medical conditions as qualifying for the Low THC Oil Registry. Qualifying patients can purchase and possess 20 ounces or less of low-THC oil and products. The state does not allow for sale or possession of marijuana plant material such as flower and leaves.
