A lawsuit in Georgia has emerged that is seeking a court order to declare that a chemical related to the main intoxicating ingredient in marijuana is legal under state law.
Delta-8 THC is that chemical, which is mostly synthesized from CBD, a non-intoxicating chemical, and has become very popular across the nation.
An Atlanta law firm said it filed a lawsuit earlier this month after the district attorney in Gwinnett County threatened to prosecute businesses selling products with delta-8 and a related chemical, delta-10.
Georgia District Attorney Patsy Austin-Gatson said in January that the possession, sale or distribution of delta-8 is illegal under state law, according to the suit by the firm, Pate, Johnson & Church.
According to the lawsuit, the district attorney has interpreted “hemp” and “hemp products” incorrectly under state law. In addition to a declaration that delta-8 and delta-10 products are legal, it seeks a court order enjoining Austin-Gatson and the state from prosecuting business owners for selling them.
Gwinnett Police tweeted that the Gwinnett County Police Department has not been involved in any raids of THC shops.
