Tennessee lawmakers passed legislation to begin regulating hemp-derived cannabinoid products last year, banning the selling of them to those under the age of 21.
But the Tennessee Department of Agriculture’s new rules submitted in December go further and attempt to curb the selling of hemp-derived cannabinoid products like THCA and CBD flower by changing the rules around what qualifies as THC, the psychoactive ingredient most commonly found in marijuana.
Tennessee law prevents any cannabinoid product containing 0.3% Delta-9 THC from being sold, keeping marijuana illegal in the state. The federal hemp farm bill passed in 2018 legalized the growing of hemp plants containing Delta-8 and opened the door to new forms of THC-like products.
THCA and CBD are legally sold as smokeable flowers and in edibles in Tennessee. THCA flower has become popular because it’s considered non-psychoactive by state law; it essentially becomes THC when it comes in contact with a flame.
THCA and CBD flowers are often indistinguishable from traditional marijuana, except when tested in a lab. This makes it harder for law enforcement officials to distinguish between the different cannabinoid products, potentially leading to fewer probable cause police searches and raids by the Tennessee Bureau of Investigations.
State officials have estimated sales of Delta-8 and similar cannabinoid generate about $180 million in economic value for Tennessee.
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