Shop owners say cannabis chemical delta-8 is legal in Georgia, fight push to allow raids again

ATLANTA, Ga. — A battle over the sale of certain THC-infused products is back in court.

Delta-8 gummies have a warning, “keep away from children,” but prosecutors in Gwinnett County said children are getting hold of them, and the products are making them sick.

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State prosecutors want a judge to drop an injunction to prevent Gwinnett authorities from raiding and arresting shop owners.

Vape store owners said Georgia laws allow Delta-8 gummies and similar products and they want to continue selling them without fear of arrest. They also said if the raids and prosecutions continue, their businesses could be in jeopardy.

Channel 2′s Tony Thomas spoke with a few prosecutors Thursday and asked District Attorney Patsy Austin-Gatson why she believes the products are wrong.

“We have situations right here in Gwinnett County where children are ingesting these products,” Austin-Gatson said.

She said she plans to prosecute merchants who sell Delta-8 and Delta-10.

“This lawsuit is about the entire state. We are here today to stop the overreach of one individual, but the rest of the state will have to come to terms with this,” attorney Tom Church said.


Store owners said the Gwinnett County district attorney’s actions are against the law. Last month, a Fulton County judge issued a temporary restraining order to block the raids, but the order expires in a few days.

Vape store owners want the order extended until the court decides who is right. At issue is the state’s hemp law passed in 2019.

“They are seeking to enjoin a district attorney from enforcing the criminal laws in this state,” said Cristina Correia, senior assistant attorney general for Georgia.

A decision on continuing the ban on raids and prosecutions is expected by the first of next week when the existing injunction expires.

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