A Georgia law that will limit sales of CBD and intoxicating hemp-derived cannabinoid products to those over 21 is set to take effect Oct. 1.
The law also limits the total for all forms of THC content in products containing hemp-derived substances to 0.3%.
Passed and signed by Gov. Brian Kemp in May, the legislation affects products intended to be ingested, absorbed or inhaled.
Addresses THCA
Senate Bill 494 (SB 494) also restricts the sale of THCA, a non-intoxicating compound that can be made psychoactive, to those 21 and older.
The new law was driven by concerns over health and safety risks from unregulated markets for non-psychoactive CBD and synthetic hemp-derived products that can have psychoactive effects.
In pushing for the law, legislators cited the sale of such products to minors, and consumer confusion between hemp and marijuana. Concerns also arose regarding consumer safety, and law enforcement’s ability to control access to the products.
Is CBD safe?
The U.S. Food and Drug Administration (FDA) has said it does not consider hemp-derived CBD safe enough to be sold lawfully as a dietary supplement, and urged Congress to create a new pathway to regulate the substance. In the absence of federal regulations, the market for the products rapidly took off following the 2018 Farm Bill, which legalized industrial hemp federally. With CBD rules lacking, states have been trying to rein in the products.
Appearing before a congressional committee in April, FDA Commissioner Robert Califf said studies have shown CBD can produce toxicity in the liver, and may harm the male reproductive system. CBD exposure is particularly concerning for children and during pregnancy, Califf also said.
The upcoming Farm Bill may compel the FDA to establish specific rules for CBD as a dietary supplement or food ingredient, which could open up more mainstream market opportunities. Originally the 2023 Farm Bill, that legislation is not expected to be passed until the end of this year or early in 2025.
Cooking it up
Hemp-derived “high”-producing compounds such as delta-8 THC – the most popular of the intoxicating hemp substances – delta-10 THC, THC-O-acetate, HHC, THCP and others, start with hemp-derived CBD base material that is put through a synthetic process.
THCA, also found in hemp plants, has minimal to no intoxicating effects on its own, but becomes psychoactive delta-9 THC when it is exposed to heat, light, or certain chemicals.
When marketed as flower buds, THCA purportedly meets the Farm Bill’s 0.3% limit on total delta-9 THC and therefore meets the definition of federally compliant hemp, producers have contended.
Farm Act loophole
The illicit hemp substances have been marketed by dodgy producers in the U.S. as “legal hemp” due to a loophole in the 2018 Farm Act, which legalized hemp federally. The landmark bill failed to anticipate the development of THCA buds and other products containing psychoactive substances derived from industrial hemp.
“[Congress] left it pretty open-ended,” state Sen. Sam Watson, a Republican who introduced SB 494, told the Capitol Beat News Service. “There’s no regulatory environment around it. … It’s a consumer-protection bill.”
Watson said the high-inducing hemp products, which have been marketed to children under knock-off brands that mimic popular treats, shouldn’t be legal.
“It scares me as a parent,” he said. “If you’re using this stuff for medical purposes or a sleep issue, why do you need a candy bar for that?”
Drawing a line
The Georgia law’ makes a distinction between “industrial hemp products,” those which are not consumable, and “hemp products,” which “means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for legal commercial sale, but not including food products infused with THC.”
“Process” or “processing” does not include “merely placing raw or dried material into another container or packaging raw or dried material for resale; or traditional farming practices such as those commonly known as drying, shucking and bucking, storing, trimming, and curing,” according to the language in the law.
SB 494 also:
- Updates rules for licensing, certificates of analysis, inspection, testing, retail operations and signage.
- Prohibits hemp compounds from being used in alcoholic beverages and food, except for gummies or extracts.
- Bars packaging that may be considered attractive to children.