Suit: Cannabis chemical delta-8 legal under Georgia law

March 14th, 2022

delta 8 lawsuit georgia — An array of products advertised as containing synthetically derived delta-8 THC is offered for sale at a smoke shop in Seattle, Washington, on Friday, Feb. 25, 2022. (AP Photo/Gene Johnson)

A new lawsuit in Georgia seeks a court order declaring that a chemical related to the main intoxicating ingredient in pot is legal under state law.

The chemical, called delta-8 THC, is mostly synthesized from CBD, a non-intoxicating chemical that’s prevalent in hemp. Delta-8 has become extremely popular across the country, and the cannabis industry and state governments have grappled with its rise.

An Atlanta law firm said it filed a lawsuit Thursday after the district attorney in Gwinnett County threatened to prosecute businesses selling products with delta-8 and a related chemical, delta-10.

District Attorney Patsy Austin-Gatson said in January that the possession, sale or distribution of delta-8 is illegal under state law, according to the suit by the firm, Pate, Johnson & Church. An email Friday to the district attorney’s office was not immediately returned.

The suit says the district attorney has interpreted “hemp” and “hemp products” incorrectly under state law. In addition to a declaration that delta-8 and delta-10 products are legal, it seeks a court order enjoining Austin-Gatson and the state from prosecuting business owners for selling them.