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Georgia court rules hemp distributor can keep selling its products

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Published  November 3, 2023 10:09pm EDT
Gwinnett County
FOX 5 Atlanta

Controlled substance ruling in Georgia

A Georgia appeals court has ordered more than $300,000 in cash and inventor be returns to a Gwinnett County business.

GWINNETT COUNTY, Ga. - Gwinnett County has to give back nearly $300,000 officers seized in a raid on a hemp-distribution business. The state appeals court ruled the hemp products the Gwinnett Metro Task Force confiscated from Elements Distributions are not controlled substances, making the goods legal. 

Elements Distribution sells Delta-8 and Delta-10 products. The products can give you a mild buzz. But the company’s lawyer Tom Church says they don’t contain the type of THC that’s illegal. 

The Gwinnett Metro Task Force raided the business in Norcross back in early 2022, seizing inventory and nearly $300,000 in cash. 

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"They came in, guns-drawn, riot shields up" said Ali Khan of Elements Distribution. "They started pulling all the product off the shelves." 

The Georgia Court of Appeals on Thursday ruled Delta-8 and Delta-10 are not controlled substances since they contain less than 0.3-percent THC. 

"It’s an unqualified win," Church said, adding the court decision vindicates his clients. "Businesses and individuals can sell these products, buy these products and possess these products." 

The Gwinnett Metro Task Force raid a business in Norcross in early 2022,

The Gwinnett Metro Task Force raid a business in Norcross in early 2022, (Supplied)

Church says the court ruling means the county must return what law enforcement officers took from Elements. "Our clients is going to get all their stuff back," he said. 

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"That means we can keep selling our products. We would love to get our $300,000 back. What we did is not wrong. We’re a legitimate business," Khan said. 

The Gwinnett County District Attorney's office would not speak with FOX 5 on camera. A spokesman said on the phone, "We anticipate responding through the court."