Is Delta-8 THC Legal in Tennessee

By | last updated December 19, 2021

Evidence Based 3

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Delta 8 is legal in Tennessee. It falls under the definition of hemp-derived products, which are exempt from the controlled substance laws and allowed to be sold freely.

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

These definitions highlight that delta-8 THC counts as a hemp-derived product. And since hemp is not considered a controlled substance, that also makes hemp-derived delta 8 is 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, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Tennessee

Delta 8 is likely to stay legal in Tennessee.

We might see some changes if and when the state legalizes recreational marijuana. But that may take at least a few years.

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