Georgia Court of Appeals

Elements Distribution, LLC v. State Of Georgia

A23A0842 November 2, 2023 Reversed

Automated case summary

What the court decided

The legal issue was whether a search warrant based on possession and sale of delta-8 and delta-10 THC products constituted probable cause under Georgia law. The Georgia Court of Appeals reversed the trial court's decision, holding that because the state conceded these products were not controlled substances, the warrant lacked probable cause and Elements Distribution, LLC was entitled to the return of its seized items.