Is THC legal in Georgia? Hemp gummies, drinks, THCA and delta-8 under SB 494
Published Sep 18, 2026
Page updated Oct 9, 2026
Short answer, as of October 8, 2026: Georgia allows licensed sales of hemp-derived delta-9 and delta-8 products to adults 21+, with caps of 10 mg per gummy serving and 10 mg per 12-ounce drink. Hemp flower, pre-rolls and THC-infused foods are banned as consumable hemp, so THCA flower is not a lawful retail product. The rules date from SB 494 (2024) and the Department of Agriculture's January 2025 caps; a search of SB 33 of the 2026 session (the 'as passed' text) on October 8, 2026 found no mention of hemp.
By product class
| Product class | Status | Rule |
|---|---|---|
| Hemp delta-9 edibles (gummies, tinctures) | Licensed retailers, 21+, 10 mg/serving | SB 494; Rule 40-32-5-.06 |
| THC drinks | Licensed retailers, 21+, 10 mg per 12 oz | Rule 40-32-5-.06 |
| THCA flower & pre-rolls | Banned for sale | O.C.G.A. 2-23-4(7) |
| Delta-8 & converted cannabinoids | Licensed retailers, 21+; the caps count total delta-9 THC only | SB 494; Rule 40-32-5 |
| Vapes & cartridges | Licensed retailers, 21+ | O.C.G.A. 2-23-3, 2-23-4(7) |
| THC-infused foods (other than the listed forms) | Banned | O.C.G.A. 2-23-9.2(c) |
Retailers need a consumable hemp retail licence from the Department of Agriculture, which publishes the licensing page; that page (read October 8, 2026) does not have the words 'roster', 'directory' or 'lookup'; seller profiles for Georgia come from claims.
Federal dates
Georgia's caps sit above the federal 0.4 mg per container limit that applies from December 11, 2026 (P.L. 119-37 §781 as delayed by P.L. 119-103 §2019). Converted delta-8 leaves the federal definition the same day. The countdown tracks the date; the Georgia status board carries every row with its statute and check date.
General information from public sources — not legal advice. Checked October 8, 2026.
Sources
- SB 494 (2024), signed — O.C.G.A. 2-23 — checked Oct 8, 2026
- Ga. Comp. R. & Regs. 40-32-5-.06 — serving caps (eff. Jan 8, 2025) — checked Oct 8, 2026
- Georgia Department of Agriculture — consumable hemp retail licences — checked Oct 8, 2026
Frequently asked questions
›Is THCA legal in Georgia?
Hemp flower and pre-rolls may not be sold as consumable hemp in Georgia (O.C.G.A. 2-23-4(7)); THCA flower is therefore not a lawful retail product. Not legal advice.
›What are the caps?
10 mg per gummy serving and 10 mg per 12-ounce drink under Rule 40-32-5-.06, effective January 8, 2025.
This site provides general information from public sources with the statute and the check date on every row. It is not legal advice, and it never states that a product is legal without the state, the date and the source.