Delta-8, Delta-9, and THC-A Arrests in Georgia: When Legal Products Lead to Criminal Charges

During the last few years, hemp-based products, including Delta-8 THC, Delta-9 THC, and THC-A, have grown very popular in Georgia. Consumers buy those products from smoke shops, grocery stores, and even online, unaware that, in some cases, they might still get into legal trouble for possession of those substances.

Since most of those products are advertised as legal replacements for marijuana, consumers tend to believe that there is nothing wrong with their possession, and they will never be charged with a crime because of them. However, this is far from being true, and the constantly changing cannabis legislation in Georgia confuses not only consumers but law enforcement as well.

What’s the difference between hemp and marijuana?

Distinguishing legal hemp from illegal marijuana depends largely on the percentage of Delta-9 THC present in the product. Under federal and Georgia law, Delta-9 THC should be at a maximum of 0.3% by dry weight in a product for it to be categorized as legal hemp.

Although this may seem quite simple, proving that a product meets legal standards can involve lab tests. This is because many hemp products appear and smell almost the same as marijuana. Law enforcement, therefore, cannot know whether the product is legal during a traffic stop.

Sometimes people are arrested despite having purchased the product from a licensed shop and believing it was legal.

Why are THC-A products receiving increased attention?

THC-A products have become especially contentious. THC-A is an organic cannabinoid that exists in cannabis plants. Although THC-A does not have any mind-altering properties, when smoked, vaporized, or cooked, it turns into Delta-9 THC.

Due to this conversion, there is more and more attention drawn to THC-A products by governments and law enforcement authorities. Prosecutors can claim that some products have similar properties to marijuana once ingested.

Given this shifting regulation, customers might find themselves in a situation where legal consequences will follow from consuming products that were legally purchased.

Can hemp products lead to DUI arrests?

Surprisingly, some people who buy hemp-based products are unaware that there is still the possibility of facing DUI charges if they’re caught driving under the influence. According to Georgia law, it is illegal to operate a motor vehicle while under the influence of drugs in such a way that your driving is less safe than normal. If the police officer thinks you’re under the influence of drugs, it doesn’t matter if those drugs were purchased legally.

There are different types of evidence that might be collected in such cases, including but not limited to.

Potential defenses in hemp-related driving crimes

Numerous potential defenses can be employed if you’re pulled over on Delta-8 THC or another marijuana product. In some cases, your lawyer might contest the validity of the arrest and searches made. Laboratory protocols, chain of evidence, and mislabeling of goods can be raised in some cases. It may be difficult for prosecutors to prove that the substance involved was not a legal product.

Talk to a Cobb County, GA, DUI Lawyer Today

Andrew L. Schwartz, P.C., represents the interests of Cobb County residents who are facing DUI charges. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin preparing your defense right away.