Georgia SB 494 Imposes Total-THC and Licensing Rules on Hemp Products

Georgia’s Senate Bill 494, signed into law in 2024, imposed total-THC limits, retailer licensing, and 21+ age-gating on hemp-derived cannabinoid products — substantially restricting the state’s THCA flower market.

Atlanta, Ga. — October 1, 2024. Georgia’s Senate Bill 494 — the state’s most significant overhaul of hemp regulation since adoption of the federal Farm Bill framework — took effect with provisions that moved Georgia into the “restricted” category for hemp-derived cannabinoid products.

SB 494’s central provision adopts a total-THC standard for finished hemp consumer products sold in Georgia. Under the new rule, the calculated total of delta-9-tetrahydrocannabinol plus 0.877 multiplied by tetrahydrocannabinolic acid (THCA) cannot exceed 0.3% by dry weight in retail products. Because raw hemp flower commonly carries 15-30% THCA, the total-THC test fails the vast majority of THCA flower as previously sold in the state.

The law adds:

• A 21+ minimum age for purchase.
• Retailer licensing through the Georgia Department of Agriculture.
• Labeling and packaging requirements including child-resistant packaging and disclosure of cannabinoid content.
• Restrictions on marketing that could appeal to minors.
• Penalties for non-compliant sales including license revocation.

According to Marijuana Moment and Hemp Industry Daily, implementation has produced significant disruption to the Georgia hemp retail sector. Several large national brands geofenced Georgia from their checkout flows. Local retailers have shifted product mix toward CBD, CBG, and reformulated low-THCA products that meet the total-THC limit.

A coalition of Georgia hemp retailers and trade groups filed litigation challenging SB 494 on federal-preemption and commerce-clause grounds. As of this writing, the law remained in effect; the litigation had not produced an injunction blocking enforcement.

Georgia joins a growing group of states — including Tennessee, Virginia, and others — that have moved to a total-THC standard at the point of sale, regardless of the federal definition.

What it means for consumers

If you live in Georgia, expect a substantially narrower THCA flower market than existed before SB 494. Most of the high-THCA flower historically shipped to Georgia addresses no longer meets the state’s point-of-sale test. Retailers that continue to operate are typically selling reformulated or lower-cannabinoid products.

Confirm shipping eligibility on the brand’s checkout page before purchasing. A compliant brand will geofence non-compliant SKUs from your address.

Sources

• Georgia General Assembly — SB 494
• Marijuana Moment — Georgia coverage
• Hemp Industry Daily

Related

• Is THCA Legal in Georgia?
• Total-THC vs Delta-9: How States Test
• Brands Shipping THCA to Georgia