The proposed rule would include THC-A in the definition of THC, which could lead to a ban on THCA and CBD flower.
By Adam Friedman, Tennessee Lookout
Tennessee legislators passed legislation last year to regulate hemp-derived cannabinoid product, and to ban the sale of them to anyone under the age 21.
The Tennessee Department of Agriculture has submitted new rules in December that attempt to limit the sale of hemp-derived cannabinoid product like THC-A or CBD flower. They have changed the rules regarding what constitutes THC, which is the psychoactive component most commonly found in marijuana.
Tennessee law prohibits the sale of any cannabinoid containing 0.3 percent Delta-9 THC, making marijuana illegal in Tennessee. The federal Farm Bill of 2018 legalized hemp plants that contain delta-8, and allowed for new THC-like products.
Tennessee allows the sale of THC-A as edibles and smokeable flowers. THC-A flowers are popular in Tennessee because they’re considered non-psychoactive under state law. They become THC after coming into contact with flames.
The proposed rule would change the definition to to include the percentage of THC A, resulting in the possible ban of THC A and CBD flower.
THC-A flowers and CBD flower are difficult to distinguish from marijuana, even when tested in the lab. It is therefore harder for law-enforcement officials to differentiate between cannabinoid product types, which could lead to less probable cause searches and raids conducted by the Tennessee Bureau of Investigations.
The problem was most recently brought to light in Chattanooga where an owner of a hemp shop is suing Chattanooga’s police, claiming that his products were wrongly confiscated during a traffic check because they were mistook for illegal marijuana.
The Department of Agriculture refused to answer specific questions. Kim Doddridge answered all questions instead by saying: “The proposed rule establishes requirements for hemp-derived products that contain cannabinoids, as required by legislation.” This new legislation’s rulemaking is still ongoing .”
Tennessee lawmakers attempted to ban hemp-derived goods outright in 2022, but were unable to get the necessary votes to pass the measure. Officials estimated that delta-8 and other similar products brought in $180 million to the state.
It prompted legislators to consider regulating the industry, rather than banning products. The new law gave the Department of Agriculture authority to create rules for regulating Delta-8 products, CBD products and THC-A.
These rules could be implemented as soon as July 1, 2024.
The Department of Agriculture is holding a public Hearing to discuss the changes on 2nd February in Nashville .
The original publication of this story was by Tennessee Lookout.
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The post Tennessee Rules May Ban Hemp-derived THC-A Products and Some CBD Flower first appeared on Marijuana Moment.
