Is THCa Legal in Georgia?

October 30, 2024

Understanding THCa: What’s the Buzz All About?

So, what exactly is THCa?

Short for tetrahydrocannabinolic acid, THCa is a cannabinoid found in raw cannabis plants, and it’s actually the “parent” compound to delta-9 THC—the stuff that gets you high.

Here’s the twist: THCa naturally doesn’t get you high. Yep, like CBD, it’s non-psychoactive when consumed raw.

But lately, THCa is causing a buzz in the hemp industry, even outshining delta-8 THC and delta-10 THC cannabis products. Why? Let’s find out.

Here’s where things get interesting: THCa itself isn’t psychoactive but has a secret.

Drumroll...

When you heat THCa—by smoking, vaping, or cooking—it transforms through a process called decarboxylation, turning into the very thing that gets you high: delta-9 THC.

Because hemp-derived THCa is federally legal under the 2018 Farm Bill, it creates a potential loophole for those seeking a legal high in states where recreational cannabis is tightly regulated.

But wait—just because it’s legal federally doesn’t mean it’s legal everywhere. State laws can differ big time. So, let’s dive into how Georgia handles this tricky cannabinoid!

Georgia’s Cannabis Laws: Where Does THCa Fit In?

Although Georgia was the first state to allow medical marijuana in 2015, it has always been tough on recreational cannabis, having some of the strictest laws in the country.

However, the 2018 Farm Bill signed by President Donald Trump brought many changes by legalizing hemp with 0.3% THC content federally.

This opened the door to hemp-derived products nationwide, and Georgia was one of the states that followed suit.

In 2019, Georgia passed the Georgia Hemp Farming Act. This law removed hemp and hemp-derived products from the state’s Controlled Substances Act and allowed for the cultivation, processing, and sale of consumable hemp products in the Peach State.

This change in law meant that previously illegal cannabis extracts (cannabinoids) such as THCA, CBD, CBG, delta-8, delta-10, HHC, THCV, and others became legal in Georgia for the first time, as long as they were hemp-derived and contained less than 0.3% delta-9 THC on a dry weight basis.

This legislative framework shapes the legality of THCa in Georgia, as we will see in detail in the next section.

THCa’s Current Legal Status in Georgia

So, is THCa legal in GA? Simply put, yes, THCA is legal in Georgia.

As mentioned, Georgia follows the federal government’s lead on hemp laws. The state defines hemp as: “cannabis sativa l. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level.”

THCa, being a hemp-derived cannabinoid, falls under this category and is legal in Georgia as long as it’s derived from hemp plants with less than 0.3% delta-9 THC on a dry weight basis. As for cultivation, growers must also align with Georgia’s industrial hemp program.

To further affirm this claim, THCa is not listed on the Georgia Controlled Substances Act (GCSA) list of controlled substances.

What does this mean for you? If you’re 21 or older, you can buy THCa products like flower or THCA-infused food products like gummies in Georgia without breaking the law. It’s like buying alcohol - legal but age-restricted.

However, there is one important point to remember. If a THCa product has more than 0.3% delta-9-thc concentration, it becomes a controlled substance and is no longer legal in Georgia.

Can You Buy THCa Products in Georgia?

Yes, you can purchase THCa products in Georgia. While there are physical dispensaries around the state, many consumers find online retailers the most convenient option. You can have THCa products shipped directly to your home, saving you the trip to a local store.

Where to Buy THCA Products in Georgia

If you want to treat yourself to the best THCa products, we recommend buying from reputable retailers like Bay Smokes. We offer legal hemp products that are lab-tested by third-party labs. Each product comes with a Certificate of Analysis (COA).

Such products include:

• THCa flower for the traditional experience

• THCA Prerolls for convenience

• THCA Concentrates and diamonds if you’re looking for potency

• THCa vapes and disposables carts for on-the-go use

• THCA edibles for a tasty and discreet treat

When you buy from Bay Smokes, you get your THCa products delivered to your doorstep, anywhere in Georgia, discreetly and free for orders over $77.

THCA Possession Limits in Georgia

Now that you’re well educated on THCa legality in GA and know where to buy, you might wonder, “How much can I purchase? Is there a limit?”

Interestingly, Georgia doesn’t set specific possession limits for THCa products. This means you can technically purchase as much as you’d like, whether it’s a few prerolls or THCa flower by the pound from Bay Smokes at discounted prices.

However, it’s important to note that possession of cannabis as a whole is still illegal in Georgia. Possession of up to an ounce is a misdemeanor charge that can result in up to 12 months in jail and fines of up to $1,000.

What Happens If You Get Caught With THCa? Georgia’s Penalties

As we mentioned, possessing THCa products is legal in Georgia if you are 21 or older. But if you’re not 21, possessing THCa products could lead you into trouble with the law.

And although THCa is legal, be careful, as law enforcement may not always be able to tell the difference between legal THCa products and illegal marijuana. THCa flower looks and smells just like marijuana, so you don’t want to be in a situation where you have to explain the intricacies of cannabis law to an officer.

What are we saying? It’s best to enjoy your products at home. If you are on the go, carry just enough for personal use or opt for THCa vapes, which are less conspicuous.

Remember, we also mentioned that cannabis as a whole is still illegal in Georgia. Possession of up to an ounce is a misdemeanor charge that can get you up to 12 months in jail and a $1,000 fine.

Tips for Staying Legal in Georgia

We’ve covered a lot about THCa legality in the Peach State. As we wrap up, here are some tips to help you stay on the right side of the law:

• Buy from reputable brands: Stick with trusted retailers like Bay Smokes, which ensures its products are hemp-derived and contain less than 0.3% delta-9 THC. Look for proper labeling that indicates the product’s contents and THC levels.

• Keep your documentation: Always keep the product packaging and any certificates of analysis. These documents can help prove the legality of your products if questioned.

• Keep it private: Even though THCa is legal, using it publicly is not wise. It’s safer to enjoy your products at home.

• Stay informed: Laws can change fast. Check-in with the Georgia Department of Agriculture for hemp updates. It'sworth checking in now and then to ensure you’re still good.

Disclaimer: This article reflects the laws of the United States when it was written. Because cannabis laws can change rapidly, please make sure you’re always up to date on your federal, state, and local county’s cannabis laws. We are NOT encouraging anyone to break the law—we’re just providing information on how to legally and discreetly use THCa products in Georgia. Always consult a legal professional for the most current and accurate legal advice.

FAQ:

Is THCa a controlled substance in Georgia?

No, THCa is not a controlled substance in Georgia if it’s from hemp and has less than 0.3% Delta-9 THC on a dry weight basis. Georgia’s laws mirror federal law under the 2018 Farm Bill, which removed hemp-derived products like THCa from the list of controlled substances.

Is it illegal to smoke THCa in Georgia?

It is not, but smoking THCa flower in public could be risky. When heated, THCa converts to THC, which could be considered marijuana use by law enforcement. It’s best to be cautious and not smoke THCa products in public to avoid legal issues.

What states have banned THCa?

Since 2024, several states have banned or restricted THCA products, including smokable hemp flower. Arkansas, Idaho, Minnesota, Oregon, and Rhode Island have banned or restricted THCA products. Nebraska, Kansas, and West Virginia have very anti-cannabis laws, so THC is illegal for recreational use.

Read our state-by-state guide on THCA legality for further information.

Can I purchase THCa products in Georgia?

Yes, you can buy THCa in Georgia if you’re 21+ years of age. However, these products must be hemp-derived and have less than 0.3% Delta-9 THC. Make sure to buy from reputable sources that provide 3rd party lab results to ensure compliance with state laws.

Is THCa safe to use?

Yes! THCA is safe to use in moderation when purchased from trustworthy sources. The effects of smoking THCA are similar to what you would expect smoking regular marijuana, so go slow if you have a low tolerance.