A Fulton County, Georgia Superior Court Judge last week issued a 30-day restraining order against Gwinnett County District Attorney Patsy Austin-Gaston from prosecuting people for selling or possessing delta-8 and delta-10 THC extracts, the Associated Press reports. The order comes following a February 22 raid on a smoke shop distribution company based in Gwinnett County which led to the seizure of around $2 million worth of products despite law enforcement officials not pressing any charges or making any arrests.
The company, Element Distribution, has filed a lawsuit against the county over the raid.
In his order, Fulton County Superior Court Judge Craig Schwall voiced concerns about whether Austin-Gaston “may or may not be a rogue DA.”
“I think there may be some prosecutorial priorities misplaced.” – Schwall, in his order, via the AP
Austin-Gaston said in January that possessing, selling, or distributing delta-8 and delta-10 products are felony offenses and subsequently directed raids of at least two distributors, seizing millions in inventory; it’s unclear whether the action against Element was at her behest.
Attorney Tom Church, a trial attorney with Pate, Johnson & Church who is representing companies that were raided and vape shops that have not yet been raided, sued Austin-Gaston and the state and asked a judge to determine that hemp-derived THC products, CBD, CBN, and CBG are legal in Georgia.
Austin-Gaston has argued that delta-8 products are illegal because the state’s hemp law does not explicitly allow it, as it does low concentrations of delta-9 THC.
Church contends that “the hemp bill basically legalized all cannabinoids, all extracts” save for delta-9.
Tridant 4S
Author: TG Branfalt
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National Cannabis Bureau
Author: terry roston
