Georgia State Laws & Regulations on CBD
As the trend of CBD is slowly changing views held by many, legalization of the drug is on the mind of anyone who wants to take the drug without breaking any laws. The United States has been very friendly towards CBD and resources on the benefits of the drug so far, but that is not the case in all states. Some states hold a different point of view on CBD and hemp products.
When it comes to the state of Georgia, it is one of the best places to get CBD in the United States. The rules are not that stringent compared to other states, where people are not even allowed to own hemp-derived drugs, but in Georgia, CBD is legal; there are a lot of exceptions on the legal package. In this article, we will go through all of the important details about Georgia’s stance on CBD and marijuana- and hemp-derived products.
Laws on CBD
In 2015, then Gov. Nathan Deal signed HB 1, which allowed the use of CBD oil containing less than 5% of THC. That was a big deal at that time, of course, as there were restrictions on who could get the drug on the market. Only patients who were qualified had the right to get CBD oil. The law set the tone for CBD oil but didn’t set any regulations on it. It didn’t address the production, purchase, or transportation of CBD oil.
Georgia is a southeastern U.S. state whose terrain spans coastal beaches, farmland and mountains. Capital city Atlanta is home of the Georgia Aquarium and the Martin Luther King Jr. National Historic Site, dedicated to the African-American leader’s life and times. The city of Savannah is famed for its 18th- and 19th-century architecture and leafy public squares. Augusta hosts the Masters golf tournament.
The Farming Act HB 213 passed in 2019, which legalized commercial CBD products that meet the minimum requirements set by the state. The limit that matters the most is the THC level. For a CBD product to be sold or possessed, it has to have less than 0.3% THC. Anything more than that would be breaking the law. Law requires the THC level to be under 0.3% for the product to be sold or possessed by any resident.
HB 213 also legalized the cultivation, processing, and transportation of industrial hemp for research and commercial purposes. This opened up a lot of new commercial markets for farmers and businesses. The bill also encourages and empowers the research aspect of hemp-derived products. Thus, more benefits can be extracted from CBD in the future.
To grow hemp on a farm, the farmer must have a permit from the state. They have to get a license from the Georgia Department of Agriculture. Only then will they be allowed to produce hemp and transport it. Without the license, it would be violating the law to grow or process hemp-derived CBD.
Getting the license might not be as easy as you might think. Candidates will have to go through several background checks by the local law enforcement. They will look at your past records. If you have been involved in crimes related to substances, you might not qualify for the license. The license fee will cost an experienced farmer $50 per acre ($5,000 Maximum).
Restrictions on CBD
The 2018 Farm Bill allows the cultivation of the hemp-derived CBD, but one of the strongest exceptions is restriction on food & beverages. The FDA has declared that CBD should not be added to food and beverages or any dietary supplement. The FDA has a strict position on this issue. Besides putting restrictions on labeling CBD products, restrictions on beverages and food are one of the stronger limitations by the FDA. Although the FDA has been reevaluating some of its stances on CBD products, it has not reversed these regulations.
Though CBD is legal, the FDA is in charge of every bit of information, as they are the one who decides if products meet the requirements before giving them the green light. The farm bill may legislate that CBD products are legal, but the FDA regulates them. The FDA has the power to regulate labeling the drug.
CBD companies don’t have the right to put an unspecified claim on the bottle to sell it. The FDA has banned companies from writing therapeutic claims on the bottle or any claim that can be taken as a medical claim. This is one of the best ways to protect the consumer from getting the wrong information on the bottle, which can lead to severe effects.
If a person is found to have CBD with more than the legal amount of THC, they will end up in prison. An individual with more than 1 ounce will be charged with a felony and have to spend 10 years in prison with a $5,000 fine.
There are plenty of shops in Georgia where consumers can purchase hemp-derived CBD products. If you are new to CBD, you can always check with your doctor before making a purchase, or ask a dispensary employee for help. They have experience and knowledge to point you in the right direction. You can always go online if you find an offline method to be too time-consuming.
While the consumption of CBD is legal, there are plenty of rules and regulations that the citizens of Georgia must follow if they don’t want to end up in prison with fines. Make sure the CBD has THC below the required limit, and always ask for your doctor’s recommendation on dosage. If you follow these rules, you will stay in the clear.