Proposed rules to regulate hemp in Tennessee could place limits on the total amount of THC in all forms in a product, partially citing loopholes in the law that have led to the marketing of hemp flower high in THCA. There is a possibility that people will close what they are looking at. When smoked, THCA is converted to delta-9 THC, the cannabinoid primarily responsible for cannabis' psychoactive effects.
In April 2023, the Tennessee General Assembly passed a bill to regulate and tax hemp products grown, manufactured, and sold in the state. Under the bill, the Tennessee Department of Agriculture was tasked with developing regulations to govern the industry, including regulations regarding product testing, compliance, and enforcement. In December, the ministry released draft new rules required by law.
The 2018 Farm Bill legalized hemp at the federal level, defining hemp as cannabis with a Delta-9 THC content of 0.3% or less. Using this definition, many cannabis producers have begun producing cannabis high in THCA, a cannabinoid that converts to delta-9 THC when exposed to heat through a process known as decarboxylation.
Federal regulations require that hemp be tested for THC content within 30 days of harvest, which involves testing that uses a specific formula to combine amounts of delta-9 THC and THCA to determine total THC. It will be done. Cannabis with a total THC content of more than 0.3% when tested is considered marijuana under federal law and remains illegal.
However, some cannabis producers have developed agricultural processes and strains that do not express high levels of THCA until late in the 30-day testing period. Early testing allows growers to comply with regulations at the time of testing, while still producing hemp flower with high levels of THCA after harvesting and packaging. As a result, THCA hemp flower is available in many states that have not legalized cannabis, despite the fact that it causes psychoactivity when smoked or vaped.
Companies selling these products claim that they are legal because they comply with the Farm Bill. However, some believe that this interpretation is a loophole that will probably be closed. Several states have already taken steps to regulate hemp cannabinoids.
“There's a very freewheeling mentality going on there. Some people see this as the actual legalization of marijuana in the United States,” said Madeline Scanlon, cannabis insights manager at market data analysis firm Brightfield Group. he told MJBizDaily.
“Others see this as a loophole that needs to be crushed and are advocating for it. But it's there regardless,” Scanlon added. “People can buy it just like regular cannabis.”
New rules tighten legal definition of hemp
New rules proposed by the Tennessee Department of Agriculture would redefine hemp by requiring that the final product contain no more than 0.3% total THC. Hemp advocates argue that the rule would make many currently available THCA, Delta-8 THC, and CBD products illegal, and would have a devastating impact on hemp growers and retailers in the state. There is.
“Unfortunately, they're trying to regulate it and put it out of business,” Kelly Hess, executive director of the Tennessee Growers Federation, told the Chattanooga Times Free Press in January. “They are making the law within the rules and are going beyond their authority to create a new definition of hemp in the rules outside of the law.”
The USDA's proposed rules would also allow retailers to conduct unannounced inspections and inspect products sold by retailers. Hemp advocates argue that some THCA can be decarboxylated by the time a product is manufactured and reaches retail stores, resulting in it containing more than 0.3% delta-9. Hess said the rule would “wipe out” Tennessee's THCA and CBD flower industries.
“It is virtually impossible for farmers and producers to meet all of the stringent cultivation standards on top of the standards we set to get their products on the shelves,” Hess said.
Hemp advocates challenge proposed rules
The Department of Agriculture held a public hearing on the proposed rule in February. According to the Tennessee Growers Federation, between 200 and 300 cannabis industry advocates attended the public hearing to voice their opinions on the draft regulations. West Knoxville hemp house owner Andy Chesney testified before regulators at a public hearing.
“Even if you eliminate THC, you won't get the full effects and benefits of the plant,” Chesney says. “From a consumer perspective, what's frustrating is that those in power in Tennessee seem to think this is regulating people who get high and try to get high.”
Kim Dodoridge, spokeswoman for the Tennessee Department of Agriculture, said after the hearing that the agency is currently reviewing public comments and developing a final rule. He also noted that the law requires the department to finalize the new rules by July 1.
“The transcript of the February 6 hearing, responses, and final regulations will be submitted to the Tennessee Attorney General's Office,” Dodorridge said, according to local media reports. “Their office will review the final rule for legality and constitutionality, and if approved, the final rule will be submitted to the Secretary of State's Office and become effective in 90 days.”