NASHVILLE, Tenn. (WSMV) – New rules regarding cannabis-derived cannabinoid products could impact products sold in stores.
On September 27, the Tennessee Department of Agriculture promulgated and submitted permanent regulations for hemp producers, retailers, and suppliers of hemp-derived cannabinoid products.
One of the new rules involves how marijuana is tested.
According to the Tennessee Department of Agriculture, sample testing that exceeds acceptable limits is subject to embargo, recall, remediation, or destruction of the entire batch represented by the sample.
HDC products sold to HDC supplier licensees must have a sample test result of less than 5% THC after decarboxylation. HDC products sold to parties other than HDC supplier licensees must have a sample test result of less than 0.3. % THC value after decarboxylation.
According to the Code of Federal Regulations, the value after decarboxylation is calculated using chromatographic techniques using thermal and gas chromatography.
Some store owners say it becomes illegal if smokable products are tested this way.
Currently, the state tests each product to ensure it contains less than 0.3% of the legal THC level. Products with THC levels above 0.3% are classified as marijuana.
The state legislature has already introduced a 6% cannabis tax on all products on July 1, 2023, making it illegal to sell to anyone under 21.
The Tennessee Department of Agriculture sent WSMV 4 the following statement:
The Tennessee Department of Agriculture submitted a permanent rule for hemp and hemp-derived cannabinoid products on September 27, 2024. These permanent rules 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.
The new rules are expected to come into effect on December 26, 2024. Click here to read the new rules.
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