Hemp Beverages Surge In Georgia: A New Era For DUI Defense?

As a seasoned Atlanta DUI lawyer, I’ve seen firsthand how shifts in alcohol consumption trends can impact legal landscapes. A recent article by Ty Tagami for Capitol Beat News Service (May 16, 2025) highlights a seismic change in Georgia’s beverage market: beer sales are tanking, and hemp beverages are taking off. This trend isn’t just reshaping happy hours it’s raising critical questions for drivers, law enforcement, and DUI defense.

The Decline Of Beer And Rise Of Hemp

Georgia’s love affair with beer, which spiked during the COVID-19 pandemic, has fizzled out. According to the Georgia Department of Revenue, beer sales tax revenue, which accounts for two-fifths of the state’s alcohol beverage taxes, surged nearly 10% in fiscal year 2021 but has since gone flat or negative since 2023. Breweries are closing, and smaller operations like Atlanta’s Scofflaw Brewing are reporting double-digit declines. Lawmakers even proposed the “Georgia Craft Brewery Innovation and Survival Act” to address the crisis.

Enter hemp beverages. Legalized under the 2018 federal Agriculture Improvement Act, hemp products with 0.3% or less THC (the intoxicating component) are no longer controlled substances. Georgia has since passed laws to regulate this booming industry, with new rules fully in effect as of October 1, 2024. The global hemp beverage market, valued at $1.16 billion in 2023, is projected to grow at a staggering 19.2% annually through 2030. In Georgia, convenience stores and other outlets are flooded with hemp gummies, creams, and drinks like Scofflaw’s THC-infused Strawberry Lemonade.

Why The Shift?

The article points to several reasons for this pivot: post-pandemic burnout, generational preferences, rising costs, and growing concerns about alcohol’s health impacts. Investors like Ian Dominguez, who’s shifting from alcohol to hemp, predict hemp beverages could outpace craft beer within a decade. Meanwhile, Georgia’s hemp industry is drawing national attention, with the Hemp Beverage Alliance hosting its expo in Atlanta this July.

The DUI Dilemma

So, what does this mean for Georgia drivers? Hemp beverages may seem like a “healthier” alternative to alcohol, but their THC content however low raises red flags for DUI enforcement. Unlike alcohol, where a blood alcohol concentration (BAC) of 0.08% is the legal limit, Georgia has no free pass for legal THC in drivers’ systems. Even trace amounts of THC or its metabolites can lead to a DUI charge if the THC renders you less safe.

The regulatory gray area doesn’t help. Before Georgia’s Hemp Farming Act, inconsistent enforcement allowed highly intoxicating hemp products to flood the market. While the Department of Agriculture is cracking down, the creative loopholes exploited by hemp entrepreneurs (like using HHC, a THC analogue) mean drivers may unknowingly consume products that could land them in legal trouble.

Navigating The Hemp Haze

If you’re charged with a DUI involving hemp beverages, the stakes are high: fines, license suspension, jail time, and a criminal record. As an experienced Atlanta DUI attorney, I’ve defended countless clients against marijuana and THC-related DUI charges. Here’s what you need to know:

• Know the Law: Georgia’s DUI laws don’t differentiate between recreational marijuana, medical cannabis, or hemp-derived THC. Any level of THC in your blood or urine can trigger a DUI charge that you are less safe due to drugs.
• Challenge the Evidence: THC can linger in your system for weeks, long after its psychoactive effects wear off. I work with forensic experts to challenge blood tests and prove you weren’t impaired at the time of driving.
• Stay Informed: Hemp beverages are marketed as legal and safe, but their THC content varies. Always check labels and avoid driving after consuming any THC-infused product.

The Road Ahead

Georgia’s hemp beverage boom is a double-edged sword: a promising economic opportunity but a legal minefield for drivers. Lawmakers are still grappling with how to regulate this industry, with a committee set to study the issue this summer after a proposed ban on hemp beverages failed. As the market grows, so will scrutiny from law enforcement.

At George C. Creal, Jr., P.C., we’re committed to protecting your rights. If you’re facing a DUI charge related to hemp beverages or any substance, call us at (770) 961-5511 for a Free consultation. With over 25 years of experience, we’ll fight to keep your record clean and your license intact.

Stay safe, stay informed, and let’s navigate this new era together.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Contact an attorney for personalized guidance.