Georgia weighs ban on synthetic hemp, while expanding medical cannabis

Georgia lawmakers are weighing changes to how people can — and cannot — use hemp ahead of a looming federal restriction on hemp products.

Proposals advancing through the state Legislature would ban synthetic hemp products, expand who qualifies for medical cannabis and lift the cap on the concentration of THC, the psychoactive component of marijuana plants.

The changes come as a federal law is expected to significantly impact the hemp industry across the United States starting in November, when THC products will be limited to 0.4 milligrams of total THC per package — effectively a ban on most hemp products.

“You’re removing access to, at its core, the most true-to-plant, full-spectrum hemp products that have existed for over eight years, solely geared at crippling an industry,” David Spang, co-owner of Coastal Green Wellness and Nine Dot Cannabis Beverages, said of the expected federal changes.

In the meantime, Georgia lawmakers have taken steps to expand access to medical cannabis under Senate Bill 220. The measure would allow medical patients age 22 or older to vape their products, something advocates say provides patients with quicker relief than oil tinctures.

Under current Georgia law, medical cannabis products can contain up to 5% THC concentration, but a proposal awaiting Gov. Brian Kemp’s final approval would lift the cap.

Before the state Senate passed its version of the bill, state Sen. Ed Setzler, R-Acworth, raised concerns about how the change could be abused.

“What’s before us is a bill that gets people high on THC. That’s what this is about,” said Setzler, who opposed the bill.

The measure would also expand the conditions eligible to receive a medical cannabis card. With about 33,000 Georgians registered as active patients for Georgia’s medical marijuana program as of July, expanding the qualifying conditions could increase the number of registrants.

While lawmakers have given the OK for using medical cannabis, they’re aiming to restrict other synthetic hemp products ahead of Sine Die, the last day of the legislative session, which is Thursday.

Senate Bill 33, sponsored by Kay Kirkpatrick, R-Marietta, would outlaw synthetic hemp products that are incapable of being naturally produced by marijuana plants by 2027. The measure could soon receive a vote on the House floor.

Kirkpatrick said last week the bill is necessary to ensure that the unregulated synthetic products are regulated, saying chemically enhanced products are dangerous and that we might not always know what’s in them.

State Rep. Robert Dickey, chairman of the House Agriculture and Consumer Affairs Committee, echoed her concerns.

“Some of it’s really gotten out of hand, with these synthetics and high-THC products out there,” Dickey, R-Musella, said.

Katherine Russell, director of policy for the Georgia Department of Agriculture, said that delta-8 THC, which is commonly found in gummies that are widely available to purchase across the state, would not be banned in the bill. She said one synthetic hemp product it would target is HHC.

“The category that we’re addressing are synthetic chemicals that do not occur in nature and are in no way associated with the hemp plant,” she said during a committee meeting last week.

An earlier iteration of SB 33 would have dealt a significant blow to Georgia’s hemp industry by limiting hemp-based products to 0.3% total THC content.

Since the passage of the federal 2018 Farm Bill, which legalized hemp farming and distribution, hemp products across the country have become more popular among consumers, from THC gummies to THC-infused drinks. Recreational use of marijuana remains illegal in Georgia.

Last year, an Atlanta Journal-Constitution poll showed that a majority of Georgia voters say recreational marijuana use should be legal like it is in two dozen states.

But the future of hemp products could be in jeopardy across the country.

The hemp industry fears the federal restriction that would ban most hemp products come November. Some observers think the federal government could delay implementation or it could be stopped by the courts, but Spang isn’t holding his breath.