NASHVILLE, Tenn. (WKRN) – The Tennessee Growers Coalition, a group of cannabis manufacturers, retailers, farmers and advocates, plans to sue the Tennessee Department of Agriculture (TDA) over new rules that go into effect on December 1st. is. Article 26 effectively bans some hemp-derived products that get you high.
On September 27, the TDA announced new regulations banning products containing more than 0.3% TCA when combusted. THCA is a cannabinoid derived from hemp that, when burned, converts to THC, producing a high similar to marijuana.
Jesse Hutcherson, CEO and co-owner of Green Star THC in Fairview, told News 2 that about 80% of the products he makes and sells will be illegal when the ban goes into effect on Dec. 26. Ta. He worries that the changes will not only hurt. Not just his business, but his customers too.
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“It's going to devastate our industry. Our small businesses could be wiped out by it,” Hutcherson said. “There are so many elderly and community members in our region who rely on products to relieve symptoms such as pain and anxiety. They have to turn to the black market or just suffer. It will happen.”
“Or you could just drive across the state line,” added Hutcherson's wife and co-owner Brittany. “We may have to lay off some employees because it accounts for 60 to 80 percent of our sales and it's the same in other stores.”
Sparta Smoke Shop owner James Goff shared similar concerns about how the ban would negatively impact his customers.
“I have a customer who actually stopped drinking and started using pens just because he didn't feel as bad the day after a hangover. He says now that many of the things he uses to overcome his drinking are “I realized that it would be illegal,” Goff said.
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Additionally, Goff and Hutcherson said the TDA promised to provide more specific education about THCA's new rules, but they have yet to hear back from the agency less than 60 days before the ban goes into effect.
“My first reaction to the rule change in Tennessee was, ‘Oh my God,’ what do I do now?” Goff said. “We've yet to actually have someone sit down and say, 'Okay, this is what you can do and this is what you're not going to be able to do.'”
The Tennessee Growers Coalition has begun raising funds to file a lawsuit against the TDA over its ban on THCA. They argue that the TDA has largely ignored 19,000 public comments opposing the rule change, which is one of the many reasons the group is suing the state. Since Oct. 1, the group has raised $10,200 of its $60,000 goal.
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News 2 has reached out to TDA for comment. A spokesperson said in an email that they would get back to them. TDA issued the following statement to News 2 on October 7 regarding the new rules:
“The Tennessee Department of Agriculture submitted permanent regulations regarding hemp and hemp-derived cannabinoid products on September 27, 2024. These permanent regulations will become effective on December 26, 2024.”
The Department's regulations are designed to operate a regulatory program for hemp and hemp-derived cannabinoid products. The department's authority for these regulations, permissible limits for THC, and required testing methods for hemp and hemp-derived products are established by Congress in state law. The permanent rule does not change these laws, and the rule regulates, not prohibits, hemp and hemp-derived cannabinoid products, including THCa.
Details and links to the regulations, including the Department's responses to public hearing comments, can be found on the Hemp-Derived Cannabinoids page of the TDA website. ”
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