Judge extends injunction against Gwinnett DA’s cannabis…


A Fulton County decide Friday granted an injunction that stops Gwinnett County District Attorney Patsy Austin-Gatson from implementing a ban on merchandise containing hemp-derived substances, together with delta-8 THC, whereas litigation proceeds to find out whether or not they’re authorized.

Judge Charles M. Eaton’s choice extends a 30-day short-term restraining order that had been granted March 18.

“Our clients are relieved that they won’t be prosecuted for selling what is a legal product, and they won’t have to be afraid of police officers in Gwinnett County raiding their businesses and seizing their property,” stated Page Pate, an legal professional representing two Gwinnett County vape retailer homeowners who sued Austin-Gaston and the state of Georgia after Austin-Gatson introduced and started to implement a ban on delta-8 and delta-10 THC.

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Austin-Gaston couldn’t be reached Friday for remark.

The hashish extracts, often derived from hemp, are just like the principle intoxicating ingredient in marijuana however trigger milder highs. They are usually bought in vape cartridges, tinctures, gummies and different edibles. Some individuals use them as sleep aids, or ache or stress relievers.

The injunction prohibits Austin-Gatson from prosecuting sellers of delta-8 or delta-10 THC, and from seizing merchandise or cash from them. The district legal professional’s process power already seized greater than $2 million value of product, together with about $300,000 value of delta-8 edibles, and greater than $220,000 in money from a distributor, courtroom paperwork stated.

The injunction additionally applies to merchandise containing cannabidiol (CBD), cannabinol (CBN) or cannabigerol (CBG.)

Sass Group and Great Vape, which function a number of shops all through Gwinnett County, are asking Fulton County Superior Court to rule hemp-derived cannabinoids authorized in Georgia.

At problem are latest federal and state legal guidelines that legalized hemp merchandise with lower than a sure focus of delta-9 THC, the first psychoactive ingredient in marijuana, however are silent on comparable chemical compounds together with delta-8 and delta-10.

The retailer homeowners argue the compounds are authorized in Georgia so long as they’re constructed from hemp vegetation and don’t comprise prohibited ranges of delta-9. But Austin-Gatson, in saying her ban, stated delta-8 and delta-10 are unlawful as a result of the legal guidelines don’t explicitly enable them, as they do low concentrations of delta-9.

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Georgia Attorney General Chris Carr moved to have the Gwinnett retailer homeowners’ case dismissed, however the courtroom on Tuesday denied that movement.

Eaton’s order issued Friday stated a Madison County Superior Court Judge dominated delta-8 gummies are authorized in Georgia after a retailer there was raided final 12 months.

Austin-Gatson didn’t present any proof that delta-8 or delta-10 merchandise harmed anybody in Gwinnett County, in accordance with the order.

Sass Group and Great Vape’s shops in Gwinnett may exit of enterprise if the district legal professional’s ban continues, the order stated, including seizures from the distributor may have an effect on enterprise in neighboring counties that wouldn’t have delta-8 or delta-10 bans.

“Consumers will be unsure of whether they may be subject to arrest for possession of the same products they have believed to be legally available for at least two years,” Eaton stated within the order.

About the Author

Alia Malik covers Gwinnett County.

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