Yes, absinthe is legal in Georgia, but its sale and production are tightly controlled under the 2023 Alcoholic Beverage Control Act and subsequent 2026 amendments. The Georgia Department of Revenue’s Alcohol and Tobacco Division enforces strict licensing for absinthe containing thujone above 10 ppm, aligning with FDA-equivalent EU standards. Retailers must secure a Specialty Distilled Spirits License, and importation requires pre-approval from the Georgia Bureau of Investigation’s Narcotics Division due to historical thujone-related misclassifications.
Key Regulations for Absinthe in Georgia
- Thujone Limits: Absinthe with thujone concentrations exceeding 10 parts per million (ppm) is classified as a controlled substance under O.C.G.A. § 3-3-29, mandating a Dangerous Drug Permit for sale. Products below this threshold require only standard liquor licenses.
- Licensing Requirements: Distributors must obtain a Specialty Distilled Spirits License (Code 4) from the Georgia Department of Revenue, which includes background checks and facility inspections. Failure to comply risks license revocation under the 2026 Compliance Enforcement Protocol.
- Labeling and Testing: All absinthe must undergo third-party lab testing for thujone content, with results submitted to the Alcohol and Tobacco Division prior to distribution. Mislabeling thujone levels constitutes a misdemeanor under O.C.G.A. § 3-3-31, punishable by fines up to $5,000.
Local jurisdictions, such as Fulton and DeKalb Counties, impose additional zoning restrictions on absinthe sales, requiring separate Local Option Election approvals. Violations of these regulations are prosecuted under the Georgia Controlled Substances Act, with penalties escalating for repeat offenses.