Delta-8 on display at Perfect Plant in Nashville. (Photo: John Partipillo)
Last year, the Tennessee General Assembly passed a bill to begin regulating hemp-derived cannabinoid products, banning their sale to anyone under the age of 21.
But new Tennessee Department of Agriculture regulations submitted in December go further by changing the rules for what is considered THC, the psychoactive ingredient most commonly found in marijuana, to include THCA and CBD. It seeks to curb the sale of cannabis-derived cannabinoid products such as flower.
Tennessee law prohibits the sale of cannabinoid products containing 0.3% delta-9 THC, making marijuana illegal in the state. The federal Cannabis Farm Bill passed in 2018 legalized the cultivation of cannabis plants containing Delta-8, opening the door to new forms of THC-like products.
In Tennessee, THCA and CBD are legally sold as smokable flower and as edibles. THCA flower has become popular because it is considered non-psychoactive by state law. When it comes in contact with a flame, it essentially becomes THC.
The proposed rule would change the definition of THC to include a percentage of THCA, potentially banning THCA and some CBD flower.
THCA and CBD flower are often indistinguishable from traditional marijuana, except when tested in a lab. This could make it difficult for law enforcement officials to distinguish between different cannabinoid products and reduce police raids and raids by the Tennessee Bureau of Investigation.
State officials estimate that sales of Delta-8 and similar cannabinoids will generate approximately $180 million in economic value for Tennessee.
This issue most recently occurred in Chattanooga, where a marijuana store owner is suing the city's police department, alleging that his merchandise was wrongly seized after being mistaken for illegal marijuana during a traffic stop.
The USDA declined to specifically answer the questions, but USDA spokesperson Kim Dodrige instead responded to all questions: Rulemaking for this new law is still in progress. ”
The Tennessee General Assembly attempted to completely ban cannabis-derived products in 2022, but was unable to muster the votes needed to pass the measure. State officials estimate that sales of Delta-8 and similar products have generated $180 million in economic value to the state.
This has led lawmakers to consider regulating the industry rather than banning the product. The new law also authorized the Department of Agriculture to create rules for regulating Delta-8, CBD, and THCA products.
The department submitted these rules in December, and they could come into effect as early as July 1, 2024.
The Department of Agriculture will hold a public hearing on the changes on February 6 in Nashville.
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