ATLANTA – A new lawsuit in Georgia is seeking a court order declaring that a chemical related to the main intoxicating ingredient in marijuana is legal under state law.
The chemical called delta-8-THC is synthesized primarily from CBD, a non-intoxicating chemical that’s prevalent in hemp. Delta-8 has become extremely popular across the country, and the cannabis industry and state governments have grappled with its rise.
An Atlanta law firm said it filed a lawsuit Thursday after the Gwinnett County district attorney threatened to prosecute companies that sell products containing Delta-8 and a related chemical, Delta-10.
District Attorney Patsy Austin-Gatson said in January that owning, selling or distributing the Delta-8 is illegal under state law, according to Pate, Johnson & Church’s lawsuit. An email sent to prosecutors on Friday was not immediately answered.
The lawsuit states that the district attorney misinterpreted “hemp” and “hemp products” under state law. In addition to a declaration that Delta 8 and Delta 10 products are legal, it seeks a court order barring Austin-Gatson and the state from prosecuting business owners for selling these products.
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