(Lawrenceville, Ga. Jan. 26, 2022) - In the last year the Gwinnett County District Attorney’s Office has investigated cases involving the sale of “seemingly” legal substances from convenience stores throughout Gwinnett County. These products may appear to be legitimate; however, they contain controlled substances that in some cases are lethal. The issue is further complicated by the reality that online retailers broadcast that some of these substances are legal and legitimate.

With the emergence of the legalization of hemp and low THC oil there are other products which are being sold which are not legal. Two of those products are Delta-8 THC and Delta-10 THC.

With the passage of the Hemp Farming Bill, Hemp and Hemp related products became legal. O.C.G.A. § 2-23-3(5) & (6) allows for Hemp products with the “federally defined THC levels or lower.” O.C.G.A. § 2-23-3(3) defines “federally defined THC levels” as a “delta-9-THC concentration of not more than 0.3 percent.”

However, Delta-8-THC is different from Delta-9-THC, see https://delta8.science/delta-8-vs-delta-9/. Most notably, the Georgia code specifically exempts “delta-9-THC” under certain concentrations, not delta-8-THC.

O.C.G.A. § 16-13-21(16) defines marijuana and exempts hemp and hemp related products as they are defined in O.C.G.A. § 2-23-3. Additionally, O.C.G.A. § 16-13-25(3)(P) includes THC as a schedule 1 controlled substance but exempts hemp and hemp related products as they are defined in O.C.G.A. § 2-23-3.

Accordingly, Georgia law does not provide an exemption for delta-8-THC and therefore, the possession, sale or distribution (among other things) of Delta-8 THC is a violation of O.C.G.A. § 16-13-30 and is defined as a felony in the State of Georgia. The Gwinnett County District Attorney’s Office will pursue the prosecution of individuals and businesses who engage in the possession, sale or distribution of Delta-8 or Delta-10 THC.

There is also evidence that certain convenience stores are stocking and selling products which contain other scheduled substances. Some of the names that these products are being sold under are “Psych,” “Solar,” “Atom” or “Atomic Drop,” “Honey” or “Honey Bee,” “Blaze,” “Chrome” and “Blue Myst.” A chemical analysis of some of these revealed the presence of Schedule I substances (MDMB-4en-PINACA also known as “indazole amide” and MMB-FUBICA also known as “indole carboxamide.”

Possession, sale or distribution of schedule 1 controlled substances is a felony punishable under O.C.G.A. § 16-13-30. The Gwinnett County District Attorney’s Office will pursue the prosecution of individuals and businesses who engage in the possession, sale or distribution of these and other schedule 1 controlled substances. Those found to be possessing, selling or distributing these substances may be subject to felony punishment and are at risk of having their assets seized and forfeited to the State.

The Gwinnett County District Attorney’s Office is committed to protecting the citizens of Gwinnett County and others and has a vested interest in ensuring that illegal and dangerous controlled substances are not being distributed in Gwinnett County and to our citizens.