Georgia retailers win restraining order over hemp-derived THC products

MJBizCon 2023 tickets are now on sale! Discover the business solutions to elevate your cannabis retail game. Buy your ticket today.

Cannabis retailers in Georgia won at least a temporary legal victory against an Atlanta-area district attorney who had been aggressively trying to shut down hemp-derived THC product sales.

According to the Associated Press, Fulton County Superior Court Judge Craig Schwall issued a 30-day restraining order against Gwinnett County District Attorney Patsy Austin-Gaston, who had seized millions of dollars in hemp-derived THC products and was prosecuting the retailers that were selling them.

The restraining order, in which the judge said that Austin-Gaston “may or may not be a rogue DA” – is the result of a lawsuit by vape sellers who wanted the courts to declare delta-8 and delta-10 THC to be legal under state law.

The case could set statewide precedent for the cannabis industry, the AP reported, as the products’ legal situation is still unclear.

Business leaders need reliable industry data and in-depth analysis to make smart investments and informed decisions in these uncertain economic times.

Get your 2023 MJBiz Factbook now!

Featured Inside:
  • 200+ pages and 50 charts with key data points
  • State-by-state guide to regulations, taxes & opportunities
  • Segmented research reports for the marijuana + hemp industries
  • Accurate financial forecasts + investment trends


Stay ahead of the curve and avoid costly missteps in the rapidly evolving cannabis industry.

Those products, which Austin-Gaston has declared are illegal because state law doesn’t explicitly permit them, range from delta-8 edibles and vape cartridges to tinctures.

But under state law, CBD products are legal, which has created confusion in the market, the AP reported.