Lawsuit Filed in Georgia Argues Delta-8 and Delta-10 Products are Legal Under State Law

A recent raid of a business selling delta-8 THC products in Gwinnett County, Ga., has sparked litigation in the state.

Hemp Grower reports

A recent raid of a business selling delta-8 THC products in Gwinnett County, Ga., has sparked a lawsuit against authorities.

According to CBS46a video surfacing online shows a multi-force task agency raiding Element Distribution, a vape smoke distribution center in Gwinnett, for delta-8 products.


Until the raid, many in the state thought the sale and distribution of delta-8 products were legal under the Georgia Hemp Farming Act, which was passed in 2019, CBS46 reported.

However, the Gwinnett County District Attorney (DA) claims delta-8 and delta-10 products are illegal under the Georgia Hemp Farming Act.

“The issue is that delta-8 and delta-10 are not always derivatives of hemp products, and even if they are derivatives of hemp products, the Legislature was very specific that hemp is defined as something that contains delta-9 THC 0.3 or less,” Brandon Delfunt, Gwinnett County deputy chief district attorney told CBS46.

In January, District Attorney Patsy Austin-Gatson’s office released a warning stating businesses selling delta-8 and delta-10 products risk prosecution and felony charges, Gwinnett Daily Post reported.

“The issue is further complicated by the reality that online retailers broadcast that some of these substances are legal and legitimate. With the emergence of the legalization of hemp and low THC oil, there are other products [that] are being sold which are not legal. Two of those products are delta-8 THC and delta-10 THC,” the DA’s office said in the statement. “Those found to be possessing, selling, or distributing these substances may be subject to felony punishment and are at risk of having their assets seized and forfeited to the state.”

But a recent lawsuit challenges Gwinnett authorities’ stance on delta-8 and delta-10 products and may prevent any further raids from happening.

Pate, Johnson and Church, an Atlanta law firm, filed a lawsuit against the Gwinnett County DA to prevent them from further raiding retailers and arresting shop owners for selling delta-8 and delta-10 products. The lawsuit claims the DA misinterpreted the legality of “hemp” and “hemp products” under the law and explains why these products are legal in Georgia.

“Our lawsuit contends that the District Attorney lacks authority to arrest these shop owners or seize their property because products containing delta-8 and delta-10 derived from hemp plants are “hemp products” under Georgia’s hemp law, namely O.C.G.A § 2-23-3,” Pate, Johnson and Church said in a statement regarding the lawsuit.