Georgia’s hemp laws changed significantly in late 2024, leaving many consumers, retailers, and wellness seekers unsure of what’s legal and what’s not. One of the most common questions we get is about the legality of THCA, flower products, and now, beverages. Let’s break it down clearly—based on the updated Georgia Hemp Farming Act.
What Is THCA?
THCA (tetrahydrocannabinolic acid) is a non-psychoactive cannabinoid found in raw cannabis. It only becomes intoxicating when it’s heated, through a process called decarboxylation, which turns it into Delta-9 THC—the compound responsible for producing a “high.” THCA flower may appear to be compliant at first glance, but once smoked or vaporized, it converts into THC, making its legal classification much more complex.
Georgia’s Legal Shift: THCA Now Counts Toward Total THC
Under the 2024 Georgia Hemp Farming Act, the state now calculates total THC by including both Delta-9 THC and THCA. This means that:
- Any hemp-derived product must contain less than 0.3% total THC, including THCA, on a dry weight basis.
- If a product exceeds that threshold—even if only due to THCA—it is no longer considered legal hemp under state law.
This “post-decarboxylation” standard aligns with federal hemp policy and is a critical detail that affects the legality of THCA products across the board.
Smokable Flower: Now Prohibited in Georgia
Georgia law now prohibits the sale of all smokable hemp flower in retail settings. This includes:
- THCA flower
- CBD flower
- Delta-8 THC flower
- THCP or CBG flower
- Any other cannabinoid-rich raw flower intended for inhalation
The law applies regardless of THC content. Even if the product contains under 0.3% Delta-9 THC, if it’s raw, unprocessed, and sold for smoking or vaping, it cannot be sold legally in the state of Georgia. Lawmakers cited difficulties in enforcement—since hemp and marijuana flower are visually identical—as the reason for this ban.
Why Some Shops Still Sell Flower
You might still see flower for sale at certain shops or markets in Georgia. However, this does not mean it’s legal. Some retailers may be unaware of the law or willing to risk enforcement. But as of October 1, 2024, flower sales in Georgia retail settings are no longer compliant with state hemp policy.
What Is Still Legal in Georgia?
If you’re seeking compliant cannabinoid products, here’s what’s still allowed under the current law:
- Gummies and other approved edibles (excluding baked goods)
- Tinctures and capsules
- Non-alcoholic beverages under 0.3% total THC
- Topicals
- Vapes (gray area, but not explicitly banned like flower)
All of these must follow labeling, testing, and age restrictions to remain in compliance.
Hemp Beverages: Still Legal (With Conditions)
While flower products have been restricted, hemp-derived beverages are still permitted under Georgia law—as long as they meet several important compliance standards:
- Total THC (including THCA) must remain under 0.3% per container
- The total THC concentration is still calculated using the post-decarboxylation method. For liquids, this typically means calculating THC content based on the overall weight of the beverage.
- Beverages must be non-alcoholic
- It is illegal to combine hemp-derived cannabinoids with alcohol under current Georgia regulations.
- You must be 21 or older to purchase
- The law prohibits the sale of any consumable hemp product to individuals under 21.
- Proper labeling is required
- Labels must clearly list cannabinoid content, batch or lot numbers, and compliance disclaimers. The product must also include a scannable QR code or web link to a certificate of analysis (COA).
At Medicinal Mamas, all of our infused beverages are non-alcoholic, clearly labeled, and tested to ensure they fall well within the legal limits of THC and THCA—so you can sip with confidence.
How Medicinal Mamas Is Navigating These Changes
At Medicinal Mamas, we’re committed to staying fully compliant—not just for our business, but to protect our customers. That’s why we’ve discontinued flower products and focused on high-quality, lab-tested tinctures, gummies, topicals, and drinks that honor the healing power of the plant within the legal boundaries.
We take pride in being a trusted resource, especially during times of regulatory change. If you ever have questions about what’s allowed—or what might work best for your wellness goals—we’re always here to help.
Have More Questions? Stop In or Reach Out.
The cannabis industry is changing rapidly, and we believe education is just as important as access. Whether you’re curious about a product, concerned about compliance, or simply want to explore your options, our team is here to support your journey—legally and mindfully.