Grassroots vs SB494 THCA & Flower Ban
Goal:
USD $10,000
Raised:
USD $985
Campaign funds will be received by Scott Ellison
Grassroots vs SB494 THCA & Flower Ban
Dear Community,
At Grassroots Association, we’re taking a stand against the unjust and illegal provisions of Georgia’s SB494 bill. This legislation has stripped THCA products—including flower, edibles (beyond just gummies), and drinks exceeding 10mg per 12 ounces—from the shelves of your favorite retailers, disrupting access to these goods without fair justification.
To fight back, we’re raising $10,000 to retain legal counsel and file an injunction against the State of Georgia and the Department of Agriculture. Our goal is clear: reverse this overreach and restore these products to the market as swiftly as possible. The moment we file the injunction, retailers can immediately resume stocking and selling these products while we await a court verdict—meaning your support can help get them back on shelves even before the legal battle is fully resolved. The faster we reach our funding target, the sooner we can make this happen.
We humbly ask for your support in this critical effort. Every contribution brings us closer to protecting your rights and preserving access to the products you value. Please join us in this cause—donate today and help us hit the ground running.
Thank you for standing with us.
Sincerely,
Scotty Ellison & the rest of the Hemp and Cannabis community
Recent Donations
We received a $790 donation from another source. Thank you to that group!
SB494 has to die. Shops must be allowed to sell flowers again.
One of your guys printed out flyers for this at my store and handed me one, happy to support a just cause! Let's get this rolling
Good luck Scotty. We need SB494 STOPPED!
Updates
Donation update
April 2nd, 2025
So far we have raised almost $1000 for the filing of this injunction. We only need about $9000 more to go to get this thing filed so shops can stock their shelves with THCA products and flowers again. This injunction will still require funds to keep fighting, but once flower is back on the shelves, I'm hoping the shops will band together to keep this funded and going until we win, or risk losing their THCA products and flowers again.
Thanks, all
Scotty Ellison
Grassroots Website
March 19th, 2025
Check out the GrassrootsAssociation.org website. There you can find the Georgia Cannabis Freedom Act we are trying to push in Congress right now to completely legalize whole plant, full plant access.
You can download a full copy of the 5 page bill, and the 1 page overview summary at
https://grassrootsassociation.org/ga-cannabis-freedom-act
Also join the discord today! The idea is to bring all of Georgia together in one place where we can humanly discuss the injustice going down at the capital on a daily basis and finally take action against it and make your voice heard, because it matters! Together, we can take back our congress from these corrupt career politicians.
https://discord.gg/Grassroots Click the link, once you join the server, make sure to go over to the Rules channel and accept the rules by clicking the little blue cannabis leaf icon at the bottom of the rules page. That'll open up the server for you. Roles will be added over the next 2 weeks so you can add yourself to your district and speak directly with your community. If you're unsure how all this works, fear not. I'll be creating how-to tutorials over the weekend.
Update: Injunction being filed
March 19th, 2025
Defendants.
PARTIES
2. Plaintiff: The CBD Source: A business owned by Joseph Loadholt that operates within Georgia, selling hemp-derived CBD products to consumers. The CBD Source is directly impacted by SB494’s restrictions on flower sales and the reclassification of THCA.
3. Plaintiff: Herb & Tonic Apothecary: A business owned by Tansy Salzman, operating in Georgia and selling hemp-derived products, including THCA flower. Herb & Tonic Apothecary is also significantly harmed by SB494’s provisions.
4. Defendant: Georgia Department of Agriculture: The state agency responsible for the regulation of hemp cultivation, production, and sale in Georgia.
5. Defendant: The State of Georgia: Through its legislative and executive branches, enacting and enforcing SB494, which directly conflicts with federal law, particularly the 2018 Farm Bill.
JURISDICTION AND VENUE
BACKGROUND FACTS
8. The federal 2018 Farm Bill, as enacted by Congress, legalizes the production and sale of hemp-derived products that contain no more than 0.3% Delta-9 THC by dry weight. The 2018 Farm Bill also recognizes THCA as distinct from Delta-9 THC and specifically states that THCA is non-psychoactive and not subject to the same legal restrictions as Delta-9 THC.
9. SB494 violates federal law by redefining THCA as Delta-9 THC, a psychoactive compound, which is contrary to the clear definition set forth in the 2018 Farm Bill. Additionally, the imposition of restrictions on Delta-9 THC levels in consumable products, including foods and beverages, runs afoul of federal law, which allows hemp products containing up to 0.3% Delta-9 THC.
10. As a result of the passage of SB494, THCAtlanta, The CBD Source, Herb & Tonic Apothecary, and other businesses in Georgia that manufacture, process, and sell hemp products are facing significant economic hardship, including the potential destruction of entire crops that contain legally compliant levels of THCA but exceed the state’s arbitrary limits on Delta-9 THC content.
11. Retailers, particularly those who focus on THCA flower, are also suffering significant financial harm as the ban on flower sales in Georgia will eliminate a primary source of revenue and deprive Georgia residents of access to legal, safe, tested, and regulated hemp products.
12. Georgia consumers are being harmed by SB494 as it removes access to legal, high-quality hemp products, forcing them to seek unsafe and unregulated alternatives from the illicit market.
CLAIMS FOR RELIEF
13. SB494's redefinition of THCA as Delta-9 THC and the imposition of arbitrary THC limits on food and drink products directly conflict with the 2018 Farm Bill and other federal laws. This conflict creates a clear and direct violation of the Supremacy Clause of the United States Constitution, which holds that federal law preempts state law in instances of conflict.
14. As a result, Plaintiffs seek a declaratory judgment that SB494 is preempted by federal law and is therefore unenforceable.
15. The Defendant’s enactment of SB494 represents an arbitrary and capricious exercise of authority in that it seeks to regulate substances and products in a manner that is unsupported by scientific evidence and without a clear legislative basis, causing unnecessary harm to Georgia businesses and consumers.
16. Plaintiffs seek an injunction to prevent the enforcement of these arbitrary and unnecessary restrictions on hemp-derived products.
Count III: Violation of Constitutional Rights of Plaintiffs and Affected Parties
17. By imposing regulations that directly contradict federal law, SB494 deprives Plaintiffs, other Georgia hemp businesses, and consumers of their legal rights to operate in accordance with federal law and to access legal, regulated hemp products.
18. Plaintiffs seek an injunction to restore the constitutional rights of Georgia businesses and consumers and to prevent further harm caused by the unlawful restrictions imposed by SB494.
REQUEST FOR RELIEF
1. Issue an injunction prohibiting the enforcement of SB494, specifically the ban on the sale of flower and the reclassification of THCA as Delta-9 THC.
2. Grant declaratory relief, declaring that SB494 violates the 2018 Farm Bill and is preempted by federal law.
3. Provide an order directing the Georgia Department of Agriculture to cease and desist from enforcing any provision of SB494 that conflicts with federal law.
4. Award Plaintiffs reasonable attorney's fees and costs, as well as any other relief the Court deems just and proper.
-Scotty Ellison THCAtlanta
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