Is Delta-8 THC Legal in Tennessee? (July 2023 Update)

By | Updated on July 4, 2023

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Delta 8 products are legal in Tennessee and the state passed new regulations to make them safer for consumers. Here’s a closer look at delta 8 legality in the Volunteer State. 


Delta-8 THC is legal in Tennessee and lawmakers passed new regulations in 2023 that:

  1. Control how hemp-derived cannabinoid products are made and packaged
  2. Restrict the sale of such products to adults over 21
  3. Require businesses to have a license to sell these products
  4. Add a 6% tax to these products

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Tennessee Delta-8 THC Laws

Delta-8 THC is fully legal in Tennessee. Lawmakers also passed regulations to increase taxes on CBD and delta-8 products and make them safer. Here’s a quick timeline of where things are at:

  1. Hemp products have been legal in Tennessee since 2019, thanks to Senate Bill 357.
  2. In April 2022, Tennessee lawmakers tried to pass House Bill 1927, which would ban intoxicating cannabinoid products derived from hemp, including delta-8, delta-10, and HHC. But the bill didn’t pass.
  3. On January 24, 2023, lawmakers introduced House Bill 403. Instead of banning delta 8 and other hemp intoxicants, this bill seeks to create new regulations to make hemp-derived cannabinoid products safer.
  4. House Bill 403 was signed into law on May 24, 2023. The new regulations require businesses to be licensed to sell hemp-derived cannabinoid products (including delta-8), limit them to adults over 21, and give state authorities oversight into how these products are made, labeled, packaged, and tested.
  5. Effective July 1, 2023, CBD, delta-8, delta-10, and any other hemp-derived cannabinoid product is subject to a 6% sales tax (on top of the existing 7% state sales tax).

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 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Tennessee

Delta 8 and other intoxicating hemp cannabinoid products will likely remain legal in Tennessee. The only possible change is that they might become regulated similar to recreational cannabis whenever it’s legalized.

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