Hemp Update: Department of Agriculture rules that retail shops can sell Hemp “Pre-Rolls”

Our firm recently submitted a request for a declaratory ruling from the Georgia Department of Agriculture requesting their position on different issues arising under Georgia’s new hemp laws, including whether hemp cigarettes (“pre-rolls”) are legal to sell in Georgia. 

Specifically, we asked GDA to interpret language under SB 494, which went into effect on October 1, 2024, which prohibits the retail sale of hemp “flower,” defined as the leaves and buds of the cannabis plant. Read our firm’s breakdown of SB 494.

After significant deliberation and feedback from other state agencies, GDA issued Declaratory Ruling D.R. 2025-1. This ruling, along with our firm’s subsequent discussions with GDA attorneys, sheds light on the legal status of various consumable hemp products in Georgia and GDA’s current approach to enforcement. 

A full copy of the Department’s Ruling can be viewed below.

Hemp “Pre-rolls” on the left, loose hemp flower on the right

What is the law in Georgia regarding the legality of hemp flower and “pre-rolls”?

Are Hemp “Pre-Rolls” legal to sell in Georgia? 

Even though pre-rolled hemp cigarettes are made of hemp flower and intended for smoking, GDA’s ruling confirms that pre-rolls may still qualify as lawful “hemp products” under the Georgia Hemp Farming Act if they are sufficiently processed and otherwise comply with all other rules and regulations, such as containing less than 0.3% THC and complying with other labeling, packaging, and testing requirements.

GDA’s ruling explains that pre-rolls are considered “processed” hemp products rather than hemp “flower,” which cannot be sold at retail under SB 494. Such pre-rolls must still:

• Contain less than 0.3% total delta-9-THC (accounting for THCA),
• Comply with all testing, labeling, packaging, and advertising rules, and
• Be sold only by businesses with hemp licenses.

There do not appear to be any serving size or milligram requirements for “pre-rolls,” unlike with gummies, beverages, and tinctures. 

To that end, it is important to remember that the form of a hemp product, i.e. flower versus pre-roll, does not determine whether it is legally “hemp” versus an illegal controlled substance. That strictly depends on whether the product contains less than 0.3% THC.

Is processed hemp flower legal to sell in Georgia?

The Georgia Hemp Farming Act and SB 494 prohibit the retail sale of loose hemp flower or leaves, regardless of their THC content. GDA has taken the position that simply drying, trimming, packaging, or otherwise handling hemp flower does not convert the flower into a lawful “hemp product” that can be sold at retail. Selling dried hemp flower is therefore a civil violation of Georgia hemp regulations.

GDA has not taken a position yet regarding other “flower” products that have been processed beyond drying, trimming, and curing, such as infused flower or “moon rocks.” These methods of processing include:

• Cryo-infusion, which involves flash-freezing and drying hemp flower before submerging it in oil containing concentrated cannabinoids like Delta-8-THC, HHC, and THCV; 
• Terpene reconstitution via hyper infusion or humidity-based infusion, which involves infusing hemp flower with terpenes through vapor diffusion and rehydration. This process involves the use of large, commercial scale machinery and alters hemp flower at the structural level;
• Pelletization, which involves grinding up hemp flower and mixing it with concentrated cannabinoid oil, terpenes, and other substances, to create “pucks” or “pellets”;
• Nanoemulsion infusion, which involves taking concentrated hemp-derived cannabinoids, terpenes, and other lawful substances and converting them into oil, which is then made water soluble through ultrasonification, high-pressure homogenization, microfluidification, and other processes. The flower is then coated with the oil mixture.
• Simple infusion/spraying, which involves spraying hemp flower with distillate, concentrates, or oils containing hemp-derived cannabinoids, terpenes, and other lawful substances. “Moon rocks,” for example, are usually hemp buds that are coated in distillate oil and then rolled in finely grounded flower often called “kief.” 

Selling these products remains highly risky in Georgia since these products often have the same appearance as unprocessed “flower.” A business selling these products risks potential legal troubles and should have documentation and other evidence ready to show that the flower products being sold are highly processed.

What are the penalties for selling non-compliant hemp products?

GDA’s declaratory ruling on pre-rolls also states some of the potential penalties for selling non-compliant products or violating other hemp regulations. GDA has taken the position that the sale of loose flower, products that exceed the legal limit of THC, mislabeled products, operating a hemp business without a license, and other violations of Georgia’s hemp laws and regulations can result in:

• Civil penalties (up to $5,000 per violation),
• License denial, suspension, or revocation,
• Criminal referrals in more serious cases (e.g., selling to minors, intentionally selling products exceeding the legal limit of THC). 

After SB 494 went into effect last year, GDA gave businesses a 90-day “grace period” to learn about the new regulations under SB 494, which also require businesses to apply for and obtain licenses to sell, manufacture, or test consumable hemp products. The grace period ended January 1, 2025.

Since then, GDA has been sending inspectors to retailers, wholesalers, and other hemp businesses to check their inventory, testing, and for compliance with all other hemp regulations. 

While most instances of non-compliance have so far resulted in warnings and confiscation of any non-compliant inventory, GDA has signaled a more aggressive approach, with several recent cases resulting in misdemeanor criminal charges for selling or possessing products that don’t comply with technical regulations relating to product packaging and labeling.

The full text of D.R. 2025-1