Gwinnett County

Judge says Gwinnett authorities can’t crack down on some cannabis products, for now

GWINNETT COUNTY, Ga. — Smoke shops in Gwinnett County can once again sell a full range of “cannabis extract products” for the time being.

The local District Attorney had banned the products and had distributors raided.

A Gwinnett County judge has issued a temporary restraining order banning authorities from cracking down on what they say are illegal cannabis extracts. The order lasts at least 30 days.

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Caroline Pena spoke with Channel 2 investigative reporter Tony Thomas as she walked out of a smoke shop in Lawrenceville while puffing on a product she says is better than vaping.

“I’m trying to get off [marijuana.] I think THC is a good in-between. You don’t get too high and debilitated,” Pena said.

In the past several weeks, Gwinnett County District Attorney Patsy Austin-Gatson and a task force has raided two distributors of products containing Delta 8 and Delta 10 THC. The D.A. says previously selling these products is a felony because the law doesn’t specifically allow it.

She also claims that children are overdosing on the products.


Two Gwinnett smoke shops have since sued, wanting the law to be clarified and the raids to stop.

“The law is very clear, all cannabinoids, all extracts, except Delta 9 THC, so it doesn’t mention CBD either, but it’s undisputed CBD is a legal product,” said attorney Tom Church, who is representing the smoke shops.

Church says that income at Great Vape dropped 60% during the ban and The Bloom saw a 30% drop.

“[It’s] a very abrupt change in policy, so it’s pulling the rug out from under some people,” Church said.

Austin-Gatson’s office has not commented on the ruling where the Fulton County judge said he had concerns this might be a rogue D.A.

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“I think you’ve got bigger fish to fry. I feel like this is not something that requires that much money and attention,” Pena added.

Another hearing in the coming days will determine if the restraining order will remain in place until the lawsuit is ultimately ruled on.


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