Is THCA Flower Legal in Georgia? [2025 Legal Update]
Are you wondering if THCA flower is legal in Georgia? Unfortunately, it is not. As of 2025, THCA flower is illegal in Georgia, following Governor Brian Kemp’s signing of Senate Bill 494 in April 2024.
This bill, which came into effect on October 1, 2024, mandates that all hemp products must be tested for total Delta-9 THC and tetrahydrocannabinolic acid (THCA) combined. The levels have to stay below 0.3%, which makes it impossible for THCA products to meet the requirements.
Previously, Georgia only required Delta-9 THC to be under 0.3%, which allowed hemp-derived products, including THCA flower, to be legally available. However, this change in the law has effectively closed that “loophole” and reshaped the entire landscape for hemp enthusiasts in the state.
Keep reading to find out more about the legal status of THCA flower in Georgia and what it means for you as a consumer!
What is THCA Flower?
THCA flower looks and smells like regular weed, so how is it different?
THCA (tetrahydrocannabinolic acid) is a non-psychoactive cannabinoid found in raw cannabis plants.
Unlike its famous cousin, delta-9 THC, THCA won’t get you high, at least not in its natural state.
The magic (or science) happens through a process called decarboxylation. When you heat THCA—whether by smoking, vaping, or cooking—it turns into THC, unlocking those psychoactive effects many users seek. So you can think of THCA as THC’s shy relative that only comes out of its shell when things heat up.
But why all the buzz? The popularity of THCA flower has skyrocketed in recent years (more after the 2018 farm bill) because consumers discovered they could legally purchase what is essentially potential THC—a loophole some states, including Georgia, have now moved to close.
For more information on THCa and how it works, check out our complete guide: What is THCa?
Georgia’s Current THCA Flower Legal Status [2025 Update]
As of now, the THCA flower in Georgia has changed significantly. The Peach State has one of the most restrictive hemp laws in the country and closed the loophole that allowed THCA products market to thrive.
Senate Bill 494: What Changed in 2024
Senate Bill 494, signed by Governor Brian Kemp in April 2024, changed how Georgia law defines and regulates hemp-derived products.
The big change is how THC is measured and defined.
Because of the previous confusion of whether hemp-derived THCA is legal or not, lawmakers in GA simplified the matter by legally declaring that THCA and Delta-9 THC are one and the same under Georgia law.
Specifically, SB 494 defines THC as “‘THC’ means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.”
This means all consumable hemp products must now be tested for total delta-9-THC concentration (both regular THC and THCA), and THCA exceeding 0.3% by dry weight is illegal.
Since typical THCA flower contains far more than this limit (often 10-20% THCA), it’s mathematically impossible for these products to be legal in Georgia.
The Difference Between Georgia’s SB 494 and HB 213
To really grasp how we arrived at this point, we need to take a look back at the history of hemp laws in Georgia.
Prior to SB 494, Georgia’s hemp industry was operating under the House Bill 213 also known as the Georgia Hemp Farming Act of 2019. This earlier legislation was in line with the 2018 federal Farm Bill and focused solely on testing for delta-9 THC levels, without taking THCA into account. This allowed for the cultivation and sale of hemp with less than 0.3% Delta-9 THC.
Interestingly, HB 213 didn’t specifically mention THCA or any other derivatives, which left a bit of a gray area that many interpreted as a green light for THCA flower. Much like someone discovering a clever tax loophole that isn’t explicitly banned, numerous hemp businesses took advantage of this ambiguity.
However, SB 494 turned things around by establishing stricter definitions and including THCA in the definition of THC. This means that the measurement now considers total THC, not just Delta-9 THC. Here’s a quick rundown of the main differences between these two laws:
- HB 213 tested only for delta-9 THC content (≤0.3%)
- SB 494 requires testing for combined THC and THCA content
- HB 213 allowed hemp-derived cannabinoids, including THCA
- SB 494 specifically targets and prohibits high-THCA products
Georgia’s Medical Cannabis Program
If you’re hoping that medical marijuana might offer a pathway to legally obtaining THCA flower in Georgia, I’ve got some disappointing news.
Georgia does have a limited medical cannabis program that allows registered patients to possess up to 20 ounces of low-THC oil (containing no more than 5% THC and an equal or greater amount of CBD). However, this program doesn’t include THCA flower or any smokable forms of cannabis.
To qualify for this limited program, patients must have one of several qualifying medical conditions, including:
-
Cancer
- Seizure disorders
- Multiple sclerosis
- Crohn’s disease
- Parkinson’s disease
- PTSD
- Several other specified conditions
Eligible patients must obtain a Low-THC Oil Registry Card through the Georgia Department of Agriculture.
Georgia Hemp Laws vs. Federal Law
You might be wondering: “If the 2018 Farm Bill legalized hemp nationally, how can Georgia make THCA flower illegal?”
Great question! The answer is pretty simple. States can create and amend their own cannabis laws just like any other state laws.
Many states have adopted the Farm Bill and legalized THCA under 0.3% Delta-9 THC, but Georgia has changed their stance to include both THC and THCA in the same 0.3% threshold.
Interestingly, the Georgia legislature rejected amendments that would have put other hemp-derived cannabinoids like Delta-8 thc, Delta-10, and HHC under the same 0.3% threshold as Delta-9-THC. So, those cannabinoids are still legal in Georgia despite the crackdown on THCA.
Talk about a legal landmine!
Legal Consequences of THCA Flower Possession in Georgia
When talking about legality, it’s natural to wonder what the consequences of breaking the law are. So let’s unpark them!
Possession Penalties Under Georgia Law
Under current Georgia law, possession of THCA flower would likely be treated the same as marijuana possession. This means:
- Possession of up to one ounce is a misdemeanor, punishable by up to one year in jail and/or a $1,000 fine
- Possession of more than one ounce is a felony, carrying potential sentences of 1-10 years in prison
Any violation of Georgia’s hemp regulations can result in civil penalties up to $5,000 per violation. Operating without required licenses or permits is a misdemeanor for first offenses and a high and aggravated misdemeanor for second offenses.
For retailers, the stakes are even higher. Since SB 494 was passed, law enforcement has been raiding stores selling THCA flowers and bringing felony marijuana trafficking charges against store owners.
Law Enforcement Testing and Compliance Measures
How do they determine if your hemp-derived products cross the line, you ask? The Georgia Department of Agriculture randomly inspects and tests consumable hemp products at retail establishments to verify compliance.
Unfortunately, the testing methods can be tricky. Law enforcement uses field tests that heat the sample – which converts THCA into delta-9 THC. So, products that comply with the regulations before testing might show up “hot” after testing.
Plus, all hemp products must display:
- Department-approved THC warning sticker/universal symbol
- Label or QR code with information from the product’s Certificate of Analysis
Products without proper labeling or over the legal THC limit can be seized and destroyed under Georgia law. In fact, the Georgia government tests hemp pre-harvest to ensure acceptable THC levels before it reaches the consumer.
Given these strict regulations, it’s more important than ever for Georgia consumers to purchase from reputable THCA vendors who provide verified third-party lab test results while navigating this complicated legal landscape.
Can You Buy THCA Flower Online in GA?
Now for the big question: Can you buy THCA flower online if you live in Georgia?
Technically, yes—but only if the total THC content (THCA + Delta-9 THC) is under 0.3%. It’s a fine line, and few retailers can meet it.
So, how do you know your THCA is legal?
A Certificate of Analysis (COA) is nonnegotiable when shopping for any hemp products. This document confirms the product’s cannabinoid profile and verifies that it meets legal requirements. A proper COA should:
- Be issued by an independent, accredited laboratory
- List specific percentages of all cannabinoids present
- Include testing for contaminants like pesticides and heavy metals
- Clearly show THC content is within legal limits
At Super Greens, we understand the importance of transparency in an industry filled with misleading claims. That’s why all our products come with full lab testing that confirms legal compliance and gives you peace of mind knowing your THCA is clean and free of contaminants.
Browse our THCA flower menu and have legal cannabis delivered to your door!
Disclaimer:
This article is for educational purposes only and should not be legal advice. Cannabis laws are constantly changing, and the information provided here represents the current laws at the time of writing. We strongly encourage you to verify current laws with official state resources or consult a legal professional before making decisions regarding cannabis products. The legal status of hemp-derived cannabinoids like THCA remains fluid, and what’s legal today may change tomorrow.
FAQS:
When did THCA flower become illegal in Georgia?
THCA hemp flower has been effectively illegal in Georgia since October 1, 2024, when Senate Bill 494 went into effect. This bill added new testing standards that include both delta-9 THC and THCA in the total THC content calculation.
Can I legally order THCA flower online for delivery to Georgia?
You can, but only if the product contains less than 0.3% total THCA and Delta-9 THC. Check the COA before buying.
What happens if I’m caught with THCA flower in Georgia?
If you get caught with THCA products in Georgia, you are likely to face the same penalties as marijuana possession. Up to one ounce is a misdemeanor punishable by up to one year in jail and/or a $1,000 fine. More than one ounce is a felony punishable by 1-10 years.
Is there a legal limit for THCA content in hemp products in Georgia?
Yes, under current Georgia law, the combined concentration of delta-9 THC and THCA must not exceed 0.3% by dry weight.
What other states have banned THCA flower
Several states have restricted or banned THCA flower, including Arkansas, Hawaii, Minnesota, Nevada, Oregon, Rhode Island, Vermont, North Carolina, South Carolina, and New York. On the positive side, THCA remains legal in many other states.
>>Learn more about THCA legality across the US
Are CBD flowers legal in Georgia?
No, SB 494 explicitly prohibits “the flower or leaves of the Cannabis sativa L. plant, regardless of the total delta-9-THC concentration.”
However, this prohibition “shall not prohibit the sale of any hemp products that include extracts or derivatives of the flower or leaves” of the hemp plant. In short, CBD extracts remain legal while the flower itself does not.
How do I verify if THCA flower is legal?
To know for sure, always ask for a Certificate of Analysis from a reputable third-party lab. This will show you the exact cannabinoid profile of the product, including THCA and delta-9 THC. In Georgia, all compliant hemp products must have a label or QR code with information from the COA.
Does THCA Show Up on a Drug Test?
Yes, THCA will show up on a drug test. Although THCA is not psychoactive, when heated (smoked, vaped, or cooked), it converts to THC. Also, standard drug tests look for THC-COOH, a metabolite of THC, which is produced when your body processes THC or THCA.
Also read: How Long Does THCA Stay in Your System?