New hemp law results in dismissal of marijuana cases in Georgia

The Gwinnett County Solicitor’s Office in metro Atlanta and other prosecutor’s offices throughout Georgia are dismissing thousands of marijuana cases made since May 2019 because the State is unable to quantify the tetrahydrocannabinol, or THC, content in the alleged marijuana seized. The new hemp farming law in Georgia defines the hemp plant as legal to possess, and not marijuana, if the THC concentration is .3% or lower. Marijuana THC levels can be up to 30%. Current lab tests being used in Georgia do not distinguish THC levels of concentration in the plant. However, tests can certainly be done. Therefore, until there is a scientific test available in Georgia to show THC concentration, and differentiate marijuana from hemp, it is likely that more prosecutors will be refusing to prosecute marijuana possession cases.

Gwinnett County Solicitor letter to judges stating marijuana cases will not be prosecuted