Is Delta-8 THC Legal in Tennessee?(April 2022)

By | last updated April 14, 2022

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Delta 8 is legal and regulated in Tennessee. The state passed HB 1927 in April 2022, which creates regulations for intoxicating hemp-derived products like delta-8 THC and HHC but keeps them legal.

Here’s a closer look at delta 8 legality in the Volunteer State. 

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Tennessee Delta-8 THC Laws

Hemp products are legal in Tennessee since 2019. According to Senate Bill 357:

“Hemp” means the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis

This section does not categorize hemp, as defined in $ 43-27-101, as a controlled substance.

 “Marijuana” also does not include hemp, as defined in $ 43-27-101

Tennessee SB357

On April 13, 2022, Tennessee passed House Bill 1927, which created new regulations for intoxicating cannabinoid products derived from hemp, including delta-8, delta-10, and HHC.

The bill was originally going to define these products as marijuana but was amended after talks between hemp companies and lawmakers. We’ve included the key parts of the bill below:

The purpose of this part is to regulate the sale and distribution of products containing a hemp-derived cannabinoid.

“Hemp-derived cannabinoid”: (A) Means:

(i) A cannabinoid other than delta-9 tetrahydrocannabinol, or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one-tenth of one percent (0.1%); or

(ii) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of three tenths of one percent (0.3%) or less on a dry weight basis;

(B) Includes, but is not limited to: (i) Delta-8 tetrahydrocannabinol; (ii) Delta-10 tetrahydrocannabinol; (iii) Hexahydrocannabinol…

A product containing a hemp-derived cannabinoid must be tested after manufacture and before being mixed, transformed, diluted, or poured into another product to determine the presence and amounts of the following:

(1) Cannabinoids; – 7 – 017338 (2) Heavy metals; (3) Microbials; (4) Mycotoxins; (5) Pesticides; and (6) Residual solvents.

(b) A manufacturer or retailer must contract with a third-party laboratory to provide the testing required by subsection (a). A third-party laboratory performing such testing must be ISO 17025 accredited and registered with the United States drug enforcement agency.

Tennessee House Bill 1927

The bill restricts delta-8 and other hemp-derived intoxicating products to adults aged 21 or older and requires hemp companies to have their products tested by an accredited laboratory. But it’s perfectly legal.

What is Delta-8 THC?

Delta 8 is a form of tetrahydrocannabinol (THC), the marijuana compound that gets you high. Cannabis plants contain high levels of delta-9, a slightly different type of THC.

Delta 8 can produce the same effects as delta 9 but they’re not as strong (1). Its natural levels in cannabis are low so most manufacturers make delta 8 by converting hemp-derived cannabidiol (CBD).

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill legalized hemp products nationwide. It defines hemp as cannabis with no more than 0.3% delta-9 THC.

Since this definition fails to mention any other forms of THC, hemp-derived delta-8 THC is legal. Most of the delta 8 on the market is made from CBD through a chemical isomerization process.

States Where Delta-8 THC is Illegal

Every state can make its own regulations and laws for delta 8 products.

Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Tennessee

Delta 8 and other hemp-derived alternative cannabinoid products are officially legal in Tennessee.

They’re also easier to purchase than in some other regulated states like Michigan because they can be sold by companies outside the recreational marijuana market.

We expect other states to follow a similar route, deciding to regulate delta 8 so that people have access to safe, effective products.

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