Hemp, THC and CBD laws in Georgia
We follow 3 Georgia rules on hemp, delta-8, THCA and CBD products; 2 are bans.
Check a specific item for GeorgiaGeorgia
BannedDo not ship consumable hemp/CBD products (anything ingested, absorbed or inhaled) to Georgia consumers unless you hold a Georgia Department of Agriculture retail consumable hemp establishment license, which is issued only for a physical retail location in Georgia.
O.C.G.A. § 2-23-4.1(a)(3); § 2-23-6.2(b)(4), (d) (as of 2024 session) · effective Oct 1, 2024 · draft
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(a) Except as provided in subsection (b) of this Code section, it shall be unlawful for any person: ... (3) To sell or offer for sale any consumable hemp product in this state to consumers unless such person holds a retail consumable hemp establishment license issued by the department or is employed by a person who holds such a license; ... (4) The location where the applicant will sell or offer for sale consumable hemp products in this state and whether such location is owned or leased by the applicant; and ... (d) Retail consumable hemp establishment licenses issued by the department pursuant to this Code section shall be issued in connection with a single retail location where consumable hemp products will be sold or offered for sale to consumers by the licensee.
BannedDo not ship hemp flower or pre-rolls (including THCA flower) to Georgia: offering hemp flower or leaves for sale at retail is unlawful regardless of THC level.
O.C.G.A. § 2-23-4(a)(7) · effective Oct 1, 2024 · draft
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(7) Any person to offer for sale at retail the flower or leaves of the Cannabis sativa L. plant, regardless of the total delta-9-THC concentration in such flower or leaves; provided, however, that this paragraph shall not prohibit the sale of any hemp products that include extracts or derivatives of the flower or leaves of such plant; or
21+Consumable hemp/CBD products may be sold in Georgia only to buyers 21 or older.
O.C.G.A. § 16-12-241(a) (enacted by 2024 SB 494) · effective Oct 1, 2024 · draft
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16-12-241. (a) It shall be unlawful for any person to knowingly sell, furnish, or cause to be furnished, directly or through another person, any consumable hemp product to any individual under the age of 21 years.
Federal
Applies in every state.
BannedFrom Dec. 11, 2026 (unless Congress extends the delay again), federal law no longer treats as hemp any consumer product with more than 0.4 mg total THC (incl. THCA) per container or any synthesized/converted cannabinoid, so delta-8/THCA/hemp-THC edibles and hemp flower become federally illegal marijuana everywhere in the US.
Pub. L. 119-37, div. B, sec. 781 (139 Stat. 558), amending 7 U.S.C. 1639o · effective Dec 11, 2026 · draft
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Sec. 781. <<NOTE: Effective date. 7 USC 1639o note.>> Effective 365 days after the enactment of this Act, Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended-- ... ``(A) In general.--The term `hemp' means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis. ... ``(C) Exclusions.--Such term does not include-- ... ``(iii) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or ``(iv) any final hemp-derived cannabinoid products containing-- ``(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; ``(II) cannabinoids that-- ``(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and ``(bb) were synthesized or manufactured outside the plant; or ``(III) greater than 0.4 milligrams combined total per container of-- ``(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and ``(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services). ... ``(C) The term `container' means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge.
BannedFrom Nov. 12, 2026, hemp products containing cannabinoids that the cannabis plant cannot naturally produce (e.g. THC-O acetate, HHC and other lab-made cannabinoids) are excluded from the federal hemp definition and are Schedule I nationwide.
Pub. L. 119-103, div. B, sec. 2019 (140 Stat. 1003) · effective Nov 12, 2026 · draft
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SEC. 2019. <<NOTE: Applicability.>> SECTION 781 EXTENSION. Until December 11, 2026, the amendments made by section 781 of division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply with respect to products described in paragraphs (1)(C)(ii)(I) and (1)(C)(iv)(I) of section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) (as amended by such section 781).
BannedDEA treats HHC and any THC made by chemically converting hemp CBD (most delta-8/delta-10, THC-O, HHC products) as Schedule I synthetic THC; don't ship them anywhere in the US.
21 CFR 1308.11(d) - Specific listing for hexahydrocannabinol (DEA final rule, 91 FR 23913, May 4, 2026) · effective May 4, 2026 · draft
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Hexahydrocannabinol is currently controlled in schedule I as a tetrahydrocannabinol. ... Thus, only tetrahydrocannabinols in or derived from the cannabis plant--not synthetic tetrahydrocannabinols--are excluded from control as ``tetrahydrocannabinols in hemp.'' To clarify further, tetrahydrocannabinols produced through chemical conversion, even when hemp derived are considered synthetically produced for purposes of the CSA, do not qualify as ``tetrahydrocannabinols in hemp'' under the AIA.
BannedDon't mail THCA flower or synthetic/converted-cannabinoid products by USPS: Pub 52 allows hemp only if it meets the federal hemp definition and every applicable law, and keeps tracking any 'successor' definition.
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453.37 Hemp-Based Products For purposes of this section, "hemp" refers to the definition provided under federal law, including Section 10113 of the Agricultural Improvement Act of 2018, Pub. L.115-334 (7 U.S.C. § 1639o), or any successor provision. Hemp and hemp-based products, including cannabidiol (CBD) with the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) not exceeding a 0.3 percent limit are permitted to be mailed domestically only when the mailer: Complies with all applicable federal, state, and local laws, including U.S. Department of Agriculture approved plans for hemp production, processing, distribution, and sales (7 CFR Part 990). Retains records establishing compliance with such laws and plans, including laboratory test results, licenses, or compliance reports, for no less than 3 years after the date of mailing. Shipments of hemp and hemp-based products, including CBD, are prohibited in international mail, including items for delivery to overseas Army Post Office, Fleet Post Office, and Diplomatic Post Office addresses (APO/FPO/DPO).
Permit neededUPS carries hemp and CBD products only for shippers with a UPS contract for them, and never carries vape products; don't ship hemp/CBD by UPS without that agreement.
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Marijuana, including marijuana intended for medical use and Cannabidoil ("CBD") derived from Marijuana
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Vape products within, to or from the U.S
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Certain items we list as prohibited will be accepted by UPS on a contractual basis for shippers with regular volume and the ability to comply with all applicable laws and regulations. The items we can carry under certain criteria are:
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Hemp and CBDBannedFDA's position is that CBD or THC foods, drinks and dietary supplements cannot lawfully be shipped across state lines, so interstate online sales of CBD/THC gummies, beverages or supplements are federally prohibited.
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9. Can THC or CBD products be sold as dietary supplements? A. No. Based on available evidence, FDA has concluded that THC and CBD products are excluded from the dietary supplement definition under section 201(ff)(3)(B) of the FD&C Act [21 U.S.C. § 321(ff)(3)(B)]. ... 10. Is it legal, in interstate commerce, to sell a food (including any animal food or feed) to which THC or CBD has been added? A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.