This story was updated Tuesday, January 31, 2023 at 6:40 am to include data from the Georgia Poison Center.
State lawmakers may soon be considering a bill that experts say could ban the sale of delta-8 THC, which is now available in Georgia health food stores and other retailers.
Delta-8 is a compound found in small amounts in some hemp plant species. It is similar to the Delta 9 compound that produces the high marijuana experience. In 2018, Congress passed an agriculture bill that, among other things, legalized the cultivation of hemp with delta-9 THC concentrations below 0.3%.
But the bill didn’t specify any other form of THC, including Delta-8, leaving a loophole for companies to sell products containing Delta-8 even in states that don’t allow medicinal or recreational use of cannabis. Today, products can be found in head shops and gas stations as dried leaves, vape cartridges, or cooked into edibles.
Some people use Delta-8 recreationally, others say it helps them sleep or deal with mental health issues like anxiety. Forbes reported this month that sales of Delta-8 THC as an alternative to traditional marijuana surpassed $2 billion over the past two years. The Food and Drug Administration warns that Delta-8 products are not evaluated for safety or effectiveness.
Senator Kay Kirkpatrick. Ross Williams/Georgia Recorder
Republican Senator Kay Kirkpatrick of East Cobb has introduced a bill that could fill that gap in Georgia. Most of the bill has to do with measures preventing the sale of hemp products to minors, but it also removes the reference to Delta-9 in the state code, which would treat all THC-containing products equally.
“This is intended to expand it to cover any product with this THC concentration,” Kirkpatrick said. “So that would be delta-8, delta-10, delta-omega, delta – whatever it is next year, so all subject to the same testing and labeling requirements as delta-9.”
Separately, the Georgia Supreme Court this month heard arguments from attorneys in the case of Gwinnett County District Attorney Patsy Austin-Gatson’s attempt to crack down on businesses selling the products.
“The problem is that it’s synthetic,” said Gregg Raduka, executive director of Georgians for Responsible Drug Policy. “Humans have a lot to do with the development of Delta-8 THC and CBD. And no one really knows if what’s in the bottle is what’s on the label. There’s very little consumer protection because it’s not regulated by the FDA.”
Users have reported side effects including hallucinations, vomiting, tremors, anxiety, dizziness, confusion and loss of consciousness, Raduka said. He said he supports legislation that would prevent minors from getting their hands on the substances.
The Georgia Poison Center has reported 191 synthetic-THC-related calls since 2018, including 14 in the past year. Of these, 53 were aimed at people under the age of 17 and 130 at adults.
The center reported 2,251 calls coded as THC in the same period, up from 801 last year. Of these, 1,238 were related to minors and 932 to adults.
The center notes that their numbers reflect only what has been reported to them and it is not mandatory to report all poisonings.
Kirkpatrick said she believes her bill will not end recreational use in Georgia.
“Well maybe they still can, it just depends on the dosage,” she said. “So you eat enough edibles, you’ll still be able to do that, but at least you’d know what’s in it. And I don’t think we want our kids under 18 – I put 18 on the bill but some people want it to be 21 – I don’t think we want our teens to go into these stores and buy gum and get high without even being high knowing what’s in the product.”
Valerie Valdepena, Executive Director of Peachtree NORML (National Organization for the Reform of Marijuana Laws), disagrees. Products with less than 0.3% THC won’t get people high, she said, and she fears the bill’s impact on the state’s hemp industry.
It’s difficult to grow hemp plants with less than 0.3% THC, as the amount a plant produces can change depending on growing conditions, and adding new requirements could make it even more difficult.
“Our farmers have a really hard time meeting the legal definition, it’s just a lot of back work,” she said. “So yes, in theory, this would pretty much eliminate most produce out there and just hit some of our farmers in such a way that they don’t even want to grow, they would go to nearby states. So basically they are pushing all legal business to nearby states, more friendly states, and allowing the black market to take over.”
Not only is cannabis available on the black market, but there are instructions online for making THC from legal CBD products, Valdepena said.
“People can do that in their own homes, so it’s not like you’re preventing it, and all you’re doing is creating an extra step,” she said. “And you’re basically eliminating the business of people who would actually go there and do things legally and safely.”
Terry Norris, executive director of the Georgia Sheriffs’ Association, said his association has not taken an official position on the bill, but he expects the state sheriffs will like it.
“There’s been a lot of sheriffs that have spoken to me about the stores that sell stuff over the past year or two, and you’ve seen CBD stores everywhere,” he said. “It’s a very confusing statement for the average street cop, or even some of the investigators, to know what is legal and what isn’t, so I think this bill will bring a lot of clarity.”
Two Democrats signed the bill, Minority Leader Gloria Butler and Senator Michael “Doc” Rhett of Marietta. Democratic Stone Mountain Senator Kim Jackson said she supports the parts of the bill aimed at preventing minors from getting their hands on THC, but is staunchly opposed to a total ban.
“I strongly believe in what Kay is trying to do to protect minors from a product that they may not fully understand, and I think it’s valuable and important that we do that,” she said. “But in order for us to be able to do that and therefore completely ban adults from having access to it as well, I have a problem and I hope we can find a middle ground to offer young people the protection they need while these products are also on in our country.” stay in the market.”
In 2015, Georgia lawmakers approved a form of low-THC oil for more than 20,000 patients suffering from a list of serious illnesses, but today there is still no way for these Georgians to obtain the drug. Passing legislation banning Delta-8 before helping these patients would not be a good idea for the state, Jackson said.
“We know that there are people in our state who are suffering and that low-THC oil can help alleviate their suffering,” she said. “We must do this, and we must do this urgently. Prosecuting Delta-8 should not be a priority for this body.”
To become law, the bill would have to go through a committee where it could be amended and amended, then win a majority of the votes in both the Senate and House of Representatives and get Governor Brian Kemp’s signature. Jackson said she hopes the bill will falter before it hits those milestones.
“Our governor said he was not interested in starting any culture wars this year and in my view banning Delta-8 or any other Delta product is a culture war that he would participate in and I would hope so be that leadership would say, ‘Let’s not do this now.’”
