Delta-8-Sale-In-Georgia

Delta-8's legal status is still unclear, but some people in the hemp industry say that it is a legal byproduct of hemp as defined by the 2018 Farm Bill. The DEA and other law enforcement agencies say that because Delta-8 was made in a lab, it doesn't meet the legal definition of "hemp." Since the federal government and a few states made hemp legal, products with CBD and other cannabinoids from hemp plants have become very popular. Delta-8 is a hemp extract that has become almost as popular as CBD and is seen by many as a legal alternative to marijuana. Recently, more and more businesses have started selling products with Delta-8 in them. Lets read more about delta 8 sales in georgia.

 

As the market for Delta-8 grows, police have started arresting people and shutting down businesses that make or sell Delta-8 products. This is happening even though the 2018 Farm Bill seems to make Delta-8 products legal. The business has not been warned or told that Delta-8 is illegal before these arrests.

 

What is Delta 8?

Delta-8, which is short for "Delta-8-Tetrahydrocannabinol," is a type of "cannabinoid" found in marijuana plants. It is similar to Delta-9-Terahydrocannabinol (simply referred to as THC). Delta-8, unlike CBD, has psychoactive effects that are similar to THC but much weaker. This has made it popular even among people who don't like or approve of marijuana in general. CBD, THC, and Delta-8 are all cannabinoids that come from the marijuana plant. However, federal and state laws treat them differently depending on how they are processed. Most Delta-8 products sold in the U.S. come from or are extracted from hemp plants, which are a type of marijuana with a very small amount of THC.

Delta-8 is also found in very small amounts in hemp, just like CBD. Because of this, a lot of hemp plants must be processed to get CBD and Delta-8. Then, these Delta-8 extracts are used to make oils, foods, medical creams, and other things. Delta-8 is often added to dried hemp and then sold to be smoked.

 

 

Is Delta 8 illegal?

 

Delta-8 is a legal extract or derivative of hemp according to the 2018 Farm Bill and related state laws. However, the DEA and other law enforcement agencies have started going after businesses and people who sell Delta-8 products because they seem to think that the Farm Bill did not legalize all extracts or derivatives of hemp.

 

 

 

When Congress passed the 2018 Farm Bill, it removed hemp from the definition of marijuana in the Controlled Substances Act. It also changed the definition of "hemp" to mean the marijuana plant or "any part of such plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers" as long as the plant or its derivatives have less than 0.3 percent THC (specifically, Delta-9-THC).

Based on this definition, it seems clear that Delta-8 is an extract or derivative of hemp, which makes it legal. At the same time, though, the DEA has Delta-8 on its list of controlled substances as a Schedule I drug. The 2018 Farm Bill made hemp and hemp products legal. In August 2020, the DEA put out an interim final rule to explain what that meant. The rule doesn't say anything about Delta-8 in particular, but it does say that the 2018 Farm Bill did not legalize "synthetically derived tetrahydrocannabinols" and that all of them are still "schedule I controlled substances."

 

What do I do if I get arrested for selling Delta 8 products or making them?

 

If you are arrested or told that you are the focus of an investigation into Delta-8 products, the first thing you should do is call an experienced criminal defense attorney to find out what your rights are and how to fight back. For the government to go after a business or person for selling or owning Delta-8 products, they have to show that they knew they were THC or marijuana, which is a schedule I controlled substance. In some cases, a skilled lawyer can try to get the charges dropped before trial by arguing that Delta-8 is not a controlled substance.

Delta-8 extraction is illegal, but people and businesses who do it still have a good defense if they are arrested. This is because the process of getting CBD or Delta-8 from a marijuana plant makes the plant materials contain more than 0.3% Delta-9-THC for a short time. By letting hemp extracts be used in the 2018 Farm Bill, Congress made it clear that hemp materials with more than 0.3 percent Delta-9-THC could be processed. If not, extraction would be so hard to do that Congress's goal of making hemp extracts legal would be defeated. Lastly, if Delta-8 is illegal under federal or state law, which we strongly disagree with, an experienced lawyer can help you fight the charges by using the rule of lenity. The rule of lenity is based on the U.S. Constitution, which says that everyone has the right to a fair trial.

The rule of lenity says that a person can't be found guilty of a crime if the law didn't make it clear that a certain action or behavior is against the law. In this case, that means saying that the broad language of the 2018 Farm Bill and the DEA's rule didn't tell the public that Delta-8 is illegal. So, using these vague laws to go after people or businesses would be against their right to due process, since they could not have known their actions were illegal. A quick search on Google for "is Delta 8 legal" shows how confusing the law is about Delta-8.