The Tennessee Department of Agriculture issued new permanent rules for hemp derived cannabinoid products including production and retail sale on September 27, 2024.
The rules establish new protocols for the sale of popular THCA products, tetrahydrocannabinolic acid, sometimes referred to as flower. Before the rules, probably the only requirement was that hemp derived products must contain less than .3% delta 9 THC (tetrahydrocannabinol). Under the new rules, these products must also contain less than .3% THCA after it is burned (smoked).
THCA is popular because it produces a “high” for the user.
The new permanent rules follow a year of discussion following the release of preliminary rules in December 2023 and similar emergency rules which became effective in June 2024.
Reaction to the new rules from the hemp industry in the state has been mixed. However, the Tennessee Growers Association and the Tennessee Healthy Alternatives Association have filed a lawsuit in the Chancery Court of Davidson County which seeks to enjoin the State from enforcing the rules as relate to THCA. The two industry groups contend that the rules exceed the scope which the legislature gave to the Department of Agriculture in the enabling legislation passed in 2019 regarding the regulation of THCA content.
Hemp flowers contain THCA which seems to not be illegal in Tennessee. However, when smoked, THCA converts into THC which is illegal.
As of this writing, Chancellor I’Ashea Myles has issued a preliminary injunction blocking the rule from taking effect pending further action by her which could come in late February 2025.
Tennessee Judicial Outreach Liaison
Judge Donald E. Parish
Phone: 731-225-6386
Email: donaldparish1@yahoo.com
This project is funded through a grant provided by the Tennessee Highway Safety Office.