Georgia’s Selective Enforcement: Why ONE59 Sells THC Gummies While Small Retailers Were Raided
By: Theresa Yarbrough, Founder/Director, GA Cannabis Industry Alliance (GA CIA) Wednesday, July 1, 2026
Georgia lawmakers have spent years insisting their marijuana policies are about “public safety,” “protecting families,” and “keeping dangerous products off the streets.” But their actions tell a very different story — one defined by selective enforcement, corporate favoritism, and regulatory protectionism that has devastated small businesses while shielding the state‑licensed medical marijuana monopoly.
Nowhere is this clearer than in the state’s treatment of THC gummies.
Georgia has banned them. Georgia has arrested people for them. Georgia has bankrupted hemp retailers over them.
Yet Botanical Sciences, one of the state’s licensed medical marijuana operators, launched ONE59 — a hemp‑derived THC product line that includes gummies. ONE59 operates separately from the medical marijuana license. These THC gummies are sold through ONE59’s storefront and appear in multiple pharmacies across Georgia — openly, publicly, and without enforcement action.
This is not written in law. This is not authorized by statute. This is not permitted by regulation.
This is enforcement choosing to look the other way.
And it is one of the most important — and least discussed — failures in Georgia’s cannabis policy.
I. THC Gummies Are Illegal in Georgia’s Medical Program — Unequivocally
Georgia’s medical marijuana statute is explicit:
Medical dispensaries may sell low‑THC oil. They may sell vaporized cannabis (added in 2026). They may sell tinctures, capsules, topicals, patches. They may not sell edibles, gummies, or food products.
This prohibition is clear, intentional, and repeatedly reaffirmed.
So legally:
THC gummies cannot be sold in Georgia’s medical marijuana program — not by Botanical Sciences, not by Trulieve, not by anyone.
II. Georgia Also Banned Intoxicating Hemp — And Enforced It Brutally
When Georgia passed its intoxicating hemp ban, enforcement agencies:
raided independent hemp retailers
seized inventory
forced store owners to destroy their own products
issued fines
filed criminal charges
forced businesses to close
pushed families into bankruptcy
caused some owners to sell their homes
The state treated hemp retailers as criminals — even when they were selling federally legal Farm Bill products.
Georgia’s enforcement was aggressive, punitive, and devastating.
But only for small businesses.
III. ONE59 Sells THC Gummies in Georgia
Here is the structural truth:
Botanical Sciences operates two separate businesses:
1. A medical marijuana dispensary Regulated by the Georgia Access to Medical Cannabis Commission. Prohibited from selling edibles, THC gummies, or intoxicating hemp.
2. ONE59 — a hemp‑derived product line Operates outside the medical program. Sells hemp‑derived THC gummies, intoxicating hemp products, and other cannabinoid formulations.
The THC gummies are sold through ONE59’s hemp retail channels — not the medical dispensary — and appear in pharmacies across Georgia.
This is how enforcement allows the prohibition to be bypassed.
This is the enforcement gap.
IV. The Enforcement Gap Is Not Written in Law — It Exists Because Enforcement Ignores It
There is no statute that says:
“Medical licensees may sell intoxicating hemp products.”
“ONE59 is exempt from the hemp ban.”
“Medical operators may run hemp storefronts selling THC gummies.”
Nothing in Georgia law grants this privilege.
Instead, enforcement simply chooses not to enforce the ban against ONE59 and other medical‑affiliated hemp brands.
They enforce the ban against:
independent hemp retailers
rural shops
immigrant‑owned stores
Black‑owned hemp businesses
But they do not enforce it against:
the medical marijuana corporations
ONE59, the hemp‑derived product line launched by Botanical Sciences
This is selective enforcement — not legal authorization.
V. Why Enforcement Looks the Other Way
There is no memo, directive, order, policy, or written exemption.
But the pattern is unmistakable.
Georgia enforcement agencies defer to the medical marijuana monopoly because:
the corporations are politically connected
legislators openly protect them
the state financially depends on them
enforcement agencies avoid conflict with state‑licensed operators
the monopoly is treated as an extension of state policy
No one needs to “tell” law enforcement to look the other way.
They do it because enforcement patterns consistently shield Botanical Sciences — and, by extension, ONE59 — from consequences faced by small retailers.
This is not democracy. This is not regulation. This is not public safety.
This is corporate‑aligned policy reinforced through enforcement behavior.
VI. The Human Cost: Small Businesses Destroyed, Families Harmed, Lives Ruined
Independent hemp retailers — the very people who built Georgia’s cannabinoid market — were:
shut down
bankrupted
criminalized
forced to liquidate assets
pushed out of the industry entirely
Some lost their homes. Some lost their life savings. Some lost everything.
Meanwhile, ONE59:
continues selling intoxicating hemp
continues expanding
continues capturing the recreational market
continues profiting from products legislators claimed were “too dangerous”
This is not public safety. This is the result of enforcement patterns that favor the medical monopoly.
VII. What Happens if an Officer Requests a Warrant to Raid ONE59’s Hemp Store?
Georgia’s intoxicating hemp ban makes THC gummies illegal statewide. Independent hemp retailers were raided, fined, shut down, and bankrupted for selling the exact same products ONE59 sells today.
So what happens if a police officer tries to enforce the law equally?
The answer exposes the entire structure of Georgia’s cannabis enforcement system.
1. The officer would have probable cause — because the gummies are illegal. ONE59 is not covered by the medical license. It is legally just another hemp retailer.
2. The judge would ask: “Is this affiliated with a medical cannabis operator?” If the officer says, “ONE59 was launched by Botanical Sciences,” the judge hesitates — not because the gummies are legal, but because medical operators are politically protected.
3. Prosecutors would shut the warrant down. They avoid cases involving state‑aligned operators.
4. The Georgia Access to Medical Cannabis Commission would intervene. Even though ONE59 is outside their jurisdiction.
5. The officer would be told to drop it. “Stand down.” “We’re not pursuing this.”
6. The warrant will never be granted — even though the gummies are illegal.
7. Why this matters: If Georgia’s intoxicating hemp ban were enforced consistently, ONE59’s THC gummies — and the Delta‑8 products sold in pharmacies — would trigger the same raids, seizures, and criminal charges that destroyed small retailers. The fact that enforcement refuses to act is the proof: the monopoly is not protected by law — it is protected by power.
VIII. Who Owns ONE59? Is It Near the Medical Store?
ONE59 was launched by Botanical Sciences — but it is not part of their medical marijuana license. It is a separate hemp‑derived product line.
Its retail channels often operate adjacent to or near Botanical Sciences’ medical dispensaries, benefiting from:
shared branding
shared customer flow
shared corporate identity
shared political protection
This proximity reinforces the illusion that ONE59 is part of the medical program — even though legally, it is not.
And that proximity is part of why enforcement refuses to act.
IX. Yes — Hemp Retailers Can Sue
Georgia’s intoxicating hemp ban was enforced:
aggressively
selectively
punitively
against small businesses.
But enforcement ignored identical violations by:
ONE59, the hemp‑derived product line launched by Botanical Sciences
other medical‑affiliated hemp brands
This is textbook Selective Enforcement and Unequal Protection Under the Law.
Retailers have multiple viable claims:
Equal Protection (14th Amendment)
Arbitrary and Capricious Enforcement
Economic Protectionism
Antitrust / State‑Created Monopoly (effect, not intent)
Regulatory Taking / Inverse Condemnation
Civil Rights (42 U.S.C. § 1983)
Retailers absolutely have standing, damages, and viable claims.
The obstacle is political fear — not the law.
X. Can Hemp Retailers Seek Reparations or Restitution? Yes — Absolutely
Retailers can seek:
restitution for seized products
compensation for destroyed businesses
damages for lost homes
punitive damages
treble damages under antitrust law
civil rights damages
inverse condemnation compensation
This is not a legal impossibility. It is a political impossibility — until someone is brave enough to file.
XI. What This Says About the Advocates, Companies, and Organizations Who Supported the Medical Monopoly
For years, Georgia’s cannabis “advocacy ecosystem” continued to push:
medical cards
monopoly‑written bills
corporate legislation
Their actions — even unintentionally — were structurally complicit.
They:
legitimized a monopoly
empowered corporate interests
weakened grassroots reform
enabled selective enforcement
harmed small businesses
harmed patients
harmed the future of adult‑use legalization
harmed the entire cannabis movement
This is not about blame. It is about truth, accountability, and the future of cannabis in Georgia.
XII. Bottom Line
Georgia’s cannabis system is not broken. It is functioning exactly as designed — to protect the medical monopoly and punish everyone else.
Despite this, many within Georgia’s cannabis community continue to support the current system.
THC gummies are illegal. Independent retailers were destroyed for selling them. ONE59’s hemp‑derived THC gummies remain on shelves — without enforcement action.
This is not written in Georgia law. It is written in Georgia’s enforcement behavior.
Until this system is confronted — honestly, directly, and publicly — Georgia will never have:
real patient access
real small business opportunity
real adult‑use legalization
real justice
CALL TO ACTION: A Plan for a Fair and Honest Cannabis Industry in Georgia
Georgia’s cannabis system will not change on its own. It will change because we change it — together.
The Georgia Cannabis Industry Alliance is launching a Plan of Action for Georgians who believe our state deserves a cannabis industry that is:
fair
transparent
consistent
honest
and equally enforced
This plan is designed for:
small business owners
patients
hemp retailers
medical cannabis cardholders
advocates
pharmacists
community leaders
and anyone who wants a cannabis system based on fairness, not favoritism.
What the Plan of Action Will Include
A public education campaign explaining selective enforcement
A statewide coalition of harmed hemp retailers
A legislative briefing on enforcement disparities
A request for enforcement transparency from state agencies
A public records initiative to document enforcement patterns
A pharmacy outreach effort to clarify product legality
A community‑driven push for equal treatment under the law
A roadmap for future reform and adult‑use access
This is not a lawsuit. This is not a protest. This is organized civic action.
How You Can Participate
If you want to help ensure Georgia has a fair and honest cannabis industry, GA CIA invites you to join the Plan of Action.
Your voice matters. Your experience matters. Your participation matters.
Together, we can build a cannabis system that serves all Georgians, not just a protected few.
If you are interested in being part of this Plan of Action — and want to help ensure Georgia has a fair, honest, and community‑driven cannabis industry — please reach out to me directly at director@gacannabisindustryalliance.com. Together, we can rebuild strong, unified activism in Georgia and create a cannabis system that serves all of us, not just a protected few.