Georgia Senate Bill 33 would implement restrictive THC thresholds

A version of the following written comment was submitted to the Georgia House Agriculture and Consumer Affairs Committee on March 19, 2025.

The intent behind Senate Bill 33, which seeks to regulate the manufacture, testing, and labeling of hemp products in Georgia, is commendable. We appreciate and support the bill’s goal of establishing clear regulatory standards for hemp-derived consumable products. Thoughtful regulations help ensure consumer safety, provide clarity for businesses, and prevent illicit activity. However, we have concerns regarding the bill’s approach to defining and regulating intoxicating hemp cannabinoids.  

Concerns with the 0.3% THC threshold 

SB 33 sets a total THC threshold of 0.3% for intoxicating cannabinoids, encompassing all forms of THC and related compounds. While we do not oppose the establishment of a THC threshold to distinguish intoxicating from non-intoxicating hemp products, the bill, as written, would effectively ban – rather than regulate – products exceeding this limit. This could have unintended consequences for consumers, agricultural stakeholders, and law enforcement.  

One of our primary concerns is the impact this restriction would have on patients and consumers who rely on high-dose CBD products for therapeutic purposes. Many individuals using CBD and other hemp-derived cannabinoids for medical or wellness reasons require high doses, particularly those treating seizure disorders. For some adult patients, therapeutic dosing can require up to 1,600 milligrams (mg) of CBD per day. Because CBD products naturally contain trace levels of THC, high-dose users ingest significant levels of THC. Importantly, these products can remain non-intoxicating due to two key factors. First, patients typically increase their CBD intake over time, building a tolerance to the accompanying levels of THC. As a result, even if trace THC is present at higher absolute levels, it does not induce intoxication. Second, scientific research indicates that CBD may mitigate the psychoactive effects of THC. Therefore, a patient consuming 1,600 mg of CBD per day – and ingesting 50 mg or more of THC in the process – may still experience no intoxication due to the modulating effects of the higher CBD content.  

By restricting total THC concentration to 0.3% without considering a product’s full cannabinoid profile, SB 33 may inadvertently force patients to purchase significantly larger quantities of hemp products to maintain their therapy. This would impose unnecessary financial burdens that may drive consumers to either forgo a vital therapy, purchase products from out-of-state or push them toward unregulated products and illicit suppliers.  

A more nuanced approach  

We support the state’s goal of distinguishing between intoxicating and non-intoxicating hemp products. However, a more effective, science-based regulatory approach would consider the ratio of non-intoxicating to intoxicating cannabinoids rather than relying solely on THC concentration. 

For example, Kentucky has adopted a regulatory framework that classifies hemp products based not only on total THC but also on cannabinoid ratios. Under Kentucky’s system, products are deemed non-intoxicating if they contain at least 15 parts of non-intoxicating cannabinoids for every one part of the intoxicating cannabinoid. Perhaps more importantly, Kentucky does not simply ban products that meet the definition of intoxicating hemp, instead subjecting them to a stricter regulatory regime – requiring special retailer permits and other restrictions aimed at protecting consumers and preventing sales to minors.  

We urge Georgia lawmakers to consider a similar approach—one that considers both THC concentration and the ratio of intoxicating to non-intoxicating cannabinoids. Additionally, rather than banning intoxicating hemp products, the state should regulate them in a manner that ensures they remain accessible to adults while preventing misuse. 

By following Kentucky’s model—or a similar evidence-based framework—Georgia can protect public health, support the responsible hemp industry, and prevent the unintended consequences of driving consumers toward unregulated markets. 

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