Georgia SB 494 (2024) — Total-THC Standard, Hemp Flower Ban, 21+ Restriction

Last verified: May 2026

What SB 494 Did

SB 494 of 2024 amended the Georgia Hemp Farming Act to substantially tighten the regulatory framework around consumable hemp products. The bill, sponsored by Sen. Sam Watson (R-Moultrie), was signed by Gov. Kemp on April 30, 2024 and took effect October 1, 2024. Key provisions:

1. Total-THC Standard

SB 494 adopts a "total THC" standard: Total THC = Delta-9 THC + (0.877 × THCA) ≤ 0.3% by dry weight. The 0.877 conversion factor reflects the molecular-weight-loss of THCA when it decarboxylates into Delta-9 THC during smoking or heating. By including the THCA precursor in the THC calculation, SB 494 closed the principal loophole that had allowed THCA-rich flower to be marketed as legal hemp while delivering psychoactive Delta-9 effects when smoked.

2. Hemp Flower Retail Ban

SB 494 bans retail sale of hemp flower and leaves outright, regardless of THC content. THCA flower, CBD flower, and pre-rolls came off Georgia shelves on October 1, 2024. The ban covers raw plant material; processed hemp products (oils, tinctures, gummies, edibles) remain legal subject to other SB 494 requirements.

3. Age Restriction (21+)

All consumable hemp sales are restricted to adults age 21+ (codified at O.C.G.A. § 16-12-241). Georgia’s 21+ floor for hemp-derived intoxicants matches the federal tobacco-purchase age and is consistent with most state cannabis adult-use programs.

4. Hemp Food/Beverage Ban (Gummies Excepted)

SB 494 bans hemp-infused food and beverages — with a statutory exception carved out for gummies. The food-and-beverage ban is unusual and likely reflects a legislative compromise to preserve some hemp-edible category access while restricting more commercial hemp food products.

5. THC Concentration Caps

• Tinctures: Up to 1 mg Delta-9 THC per serving; package up to 10 fl oz.
• Topicals: Up to 1,000 mg Delta-9 THC per package.

6. Retail Buffer (500 ft from Schools)

Hemp retail establishments cannot operate within 500 feet of any K-12 school.

7. GDA Licensing

SB 494 requires retailers, wholesalers, and manufacturers to obtain GDA licenses. The licensing requirement creates an enforcement framework parallel to (though separate from) the state alcohol-licensing model.

8. Child-Resistant Packaging + COAs + 21+ Signage

• Child-resistant packaging required.
• Full-panel lab Certificates of Analysis (COAs) required.
• Conspicuous "21 and older" signage at retail locations.

9. Misdemeanor Penalties + Warrantless GDA Inspections

Misdemeanor penalties for noncompliance, with the Georgia Department of Agriculture authorized to conduct warrantless inspections of licensed hemp retailers, wholesalers, and manufacturers.

The GDA’s Pre-Implementation Findings

The Georgia Department of Agriculture reported, in connection with SB 494 enforcement preparation, that on its first round of pre-law product testing every single sample had inaccurate labeling and many had Delta-9 THC levels "hundreds of times" the legal limit (per Matthew Agvent, GDA, quoted by WGXA). The findings supplied the GDA’s principal justification for the SB 494 framework.

Practical Effect on the Georgia Hemp Market

The October 1, 2024 effective date materially reshaped the Georgia hemp retail market:

• Smoke shops, vape stores, and gas stations that had stocked THCA flower, hemp pre-rolls, and high-dose hemp-derived Delta-9 edibles either pulled product or risked civil and criminal penalties.
• The estimated multi-hundred-million-dollar Georgia hemp market shifted toward gummies (the explicit statutory exception) and away from flower forms.
• The age-21+ restriction reduced hemp retail accessibility to adult markets only.
• Some retailers (particularly multi-state operators with national distribution) shifted product across state lines; Tennessee continued to offer hemp products before its own legislation and federal Farm Bill changes tightened the picture.

The Bottom Line

For an adult Georgian without a qualifying medical condition, hemp-derived gummies (under 0.3% total THC) and tinctures (with 1 mg Delta-9 per serving max) constitute the principal de facto cannabis market in Georgia post-SB-494. Hemp flower and pre-rolls, formerly the dominant product, are off-shelf. Whether SB 33 (synthetic hemp ban) and SB 254 (THC beverage ban) tighten this further is the single most important variable to watch in 2026–2027.