A lawsuit has been filed on behalf of a Georgia business that was raided for selling delta-8 THC products, claiming that the products are lawful under the state’s hemp law, CBS46 reports. The Georgia Hemp Farming Act, which was passed in 2019, allows products derived from hemp that contain no more than 0.3% delta-9 THC can be sold legally but does not mention delta-8.
Gwinnett County Deputy Chief Assistant District Attorney Brandon Delfunt, argues that delta-8 products are outlawed under the hemp law. The lawsuit is filed against the county.
“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.” – Delfunt to CBS46
Tom Church, a trial attorney with Pate, Johnson & Church who is representing the retailers, said he doesn’t believe the issue is a “gray” area in the law.
“The hemp bill basically legalized all cannabinoids, all extracts,” he said in the report, “unless we’re talking about delta-9 THC.”
The lawsuit is filed on behalf of Element Distribution, a vaping and smoke ship distribution center, that was raided on February 22. A video of the raid shows more than a dozen officers dressed in riot gear with weapons drawn entering the company’s warehouse.
Element said around $2 million worth of product was seized from and no one was arrested when and no charges were filed. They told CBS46 that they have always run their business legitimately and continue to do so and that they have been paying taxes to the county on the very same products that were seized.
Tridant 4S
Author: TG Branfalt
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National Cannabis Bureau
Author: terry roston
