Going Greener: Navigating the Legal Pitfalls of Georgia’s Hemp Industry
If you’re running a CBD or hemp business in Georgia, you’re likely familiar with the growing market—but also with the complexities of navigating the state and federal regulations governing the industry. From licensing requirements to testing and marketing restrictions, there are several potential legal pitfalls that can harm your business if not properly addressed.
What Are the Key Legal Issues in Georgia’s Hemp Industry?
Georgia’s hemp industry is regulated by both state and federal law. The state’s Industrial Hemp Act allows for the cultivation and sale of hemp-derived products, but businesses must ensure that their products meet strict THC limits—no more than 0.3% THC. Violating this limit can lead to fines, product seizures, or worse.
Federal law, including the 2018 Farm Bill, legalized hemp at the national level, but the FDA’s regulations for CBD products remain murky. This presents challenges for businesses, especially those selling CBD vape products or ingestibles.
What Can Go Wrong? Common Pitfalls
• Misleading Marketing: The FDA has been vigilant about businesses making unapproved health claims about CBD. Be cautious about what you advertise and avoid making any unsubstantiated therapeutic claims.
• THC Testing: Ensure your products are tested for THC content by certified labs. Testing is the only way to avoid unknowingly selling a product that could exceed the legal threshold.
• Selling Unregulated Products: Some CBD products, particularly edibles or beverages, may be illegal to sell until the FDA sets clear guidelines. Make sure you’re selling only approved or compliant products.
How to Protect Your Business from Legal Issues
• Consult with an attorney: A lawyer can help ensure you comply with both state and federal laws, including helping you draft contracts and review product labels.
• Stay updated on federal regulations: The hemp industry is evolving, so it’s important to monitor any changes in FDA rules or federal hemp laws.
You don’t have to navigate these regulatory challenges alone. Consult with Conway Eader today to ensure your business stays compliant and minimizes its risk of legal exposure.