Marijuana & Hemp-Derived THC: Current DUI Risks and Legal Developments in Georgia

As cannabis laws continue to evolve across the nation, many Georgia drivers assume that hemp-derived THC, Delta-8 products, CBD, or even small amounts of marijuana carry minimal legal risk. Unfortunately, when it comes to driving, Georgia law remains strict. You can be charged with DUI based on THC, even if it’s legally purchased, and even if you don’t feel impaired.

Understanding how Georgia treats marijuana and THC in DUI cases is essential. With more THC-based products on the market and no clear testing threshold, drivers can face serious charges based on questionable science and broad police discretion.

Georgia DUI laws will treat marijuana harshly

Under O.C.G.A. § 40-6-391, a driver commits DUI if they are “under the influence of any drug” to the extent that it makes them less safe to drive. This includes:

• Marijuana (regardless of amount)
• THC from any source
• Hemp-derived THC products (Delta-8, Delta-10, THC-O)
• Medical marijuana oil (even if legally authorized)

Unlike alcohol, there is no legal threshold for THC. Georgia law does not say how much THC in your system equals impairment. Instead, the state only needs to show that the presence of THC contributed to unsafe driving. This is highly subjective.

Why THC DUI cases are so complicated

THC doesn’t behave in the body the way alcohol does. While alcohol levels rise and fall predictably, THC can remain in your system for days or even weeks after the effects have worn off. This means a blood test may show THC even if you consumed the product:

• The night before
• Several days earlier
• Occasionally, even weeks earlier

This creates a major problem: Georgia prosecutors often use THC test results as evidence of impairment, even though science shows the presence of THC alone does not prove someone was unsafe to drive.

Hemp-derived THC is still a DUI risk in Georgia

Even though hemp-derived products can be legally sold under federal law, Georgia drivers can still face DUI charges if police believe these products impaired their driving. Common examples include:

• Delta-8 vapes
• THC-infused gummies
• CBD products containing small amounts of THC
• Novel cannabinoids (THC-P, THC-O, etc.)

Since these products can cause mild psychoactive effects, police may treat them the same as traditional marijuana.

How police try to prove THC impairment

Officers rely heavily on:

• Alleged “bloodshot eyes”
• Slowed reactions
• Field sobriety tests
• The smell of marijuana
• Statements from the driver
• Blood or urine tests

However, field sobriety tests were designed for alcohol, not THC, and many officers lack proper training in drug recognition. Blood tests only show presence, not impairment.

This makes THC-related DUIs highly defensible when handled correctly.

Talk to a Cobb County, GA, DUI Attorney 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 discussing your defense right away.