HB 265: Georgia Hemp Farming Act; provide limits on the total concentration of THC and other intoxicating cannabinoids in consumable hemp products

Georgia's Hemp Farming Act (O.C.G.A. Chapter 23 of Title 2) currently regulates hemp products mainly based on delta-9-THC content. This bill broadens the law to address a wider range of intoxicating cannabinoids, not just delta-9-THC, by creating a new legal category called 'THC and other intoxicating cannabinoids' that includes compounds like delta-8-THC, THCA, THCP, CBN, and HHC. The bill bans selling or distributing any consumable hemp product in Georgia if its total concentration of THC and other intoxicating cannabinoids exceeds 0.3 percent by dry weight. It also updates the required lab testing (the full panel certificate of analysis) so it must report on this broader group of cannabinoids, not just a handful of named compounds. For hemp gummies specifically, the bill sets a hard cap of 5 milligrams of THC and other intoxicating cannabinoids per serving and 150 milligrams per container. Selling a noncompliant product remains a misdemeanor under the amended law.

• Creates a new legal definition covering THC plus other intoxicating cannabinoids such as delta-8-THC, THCA, THCP, CBN, and HHC, expanding what counts as regulated THC.
• Bans the sale or distribution of any consumable hemp product whose total concentration of THC and other intoxicating cannabinoids exceeds 0.3 percent on a dry weight basis.
• Requires the mandatory lab test (full panel certificate of analysis) to report on THC and other intoxicating cannabinoids as a group instead of listing only specific compounds like CBN and HHC separately.
• Sets new limits on hemp gummies: no more than 5 milligrams of THC and other intoxicating cannabinoids per serving and no more than 150 milligrams per container.
• Keeps violations of the product safety and labeling rules in O.C.G.A. § 2-23-9.1 classified as a misdemeanor, now also covering the new total concentration limit.
• Requires warning stickers and labels on consumable hemp products to reference THC and other intoxicating cannabinoids, not just THC.

Hemp growers, processors, manufacturers, and retailers licensed under Georgia's Hemp Farming Act; laboratories that test hemp products; retail consumable hemp establishments and wholesalers; and consumers who buy hemp products such as gummies, oils, and other consumable hemp goods in Georgia.

Many hemp products on Georgia shelves contain intoxicating compounds other than delta-9-THC, such as delta-8-THC or HHC, that current law does not directly limit. This bill would close that gap by capping total intoxicating cannabinoid content and gummy dosages, which could force reformulation or removal of some products from Georgia stores.

• Section 1 rewrites definitions in O.C.G.A. § 2-23-3, replacing the narrower 'THC' definition with a new term, 'THC and other intoxicating cannabinoids,' covering THC analogues, CBN, and HHC.
• Section 2 amends O.C.G.A. § 2-23-9.1 to prohibit selling consumable hemp products exceeding 0.3 percent total concentration of THC and other intoxicating cannabinoids, dry weight basis.
• Section 2 updates the full panel certificate of analysis requirements so testing must cover THC and other intoxicating cannabinoids as a category rather than listing CBN and HHC as separate line items.
• Section 2 keeps violations of the labeling, testing, and concentration rules a misdemeanor under subsection (f).
• Section 3 amends O.C.G.A. § 2-23-9.2 to cap hemp gummies at 5 milligrams of THC and other intoxicating cannabinoids per serving and 150 milligrams per container.
• Section 4 repeals any conflicting laws.

1. 2025-02-06House Second Readers (House)
2. 2025-02-05House First Readers (House)
3. 2025-02-04House Hopper (House)

• Steven Sainz (R, HD-180)Primary sponsor
• Sharon Cooper (R, HD-045)
• Ron Stephens (R, HD-164)
• Rick Townsend (R, HD-179)

• hemp regulation
• THC limits
• consumer product safety
• cannabis law
• food and drug labeling