Tennessee complies with the CBD regulation standards established in the 2018 Farm Bill. Federal laws allow consumers over 18 years old to legally buy CBD oil. Can you buy delta-8 products if you live in Tennessee? Discover everything you need to know about delta-8’s legal status in TN.
Is CBD Legal in Tennessee? – August 2022
Congress legalized industrial hemp products by redefining hemp plants as cannabis with an amount of THC less than 0.3% by weight.
Historically, there was no difference between the definition of marijuana plants , hemp plants , and all other cannabis varieties. They belonged under the Schedule I category of the 1970 Federal Controlled Substances Act (4) .
The law defined Schedule I drugs as potentially addictive and abusive substances or chemicals with no accepted health benefits.
With the passage of the 2018 Farm Bill , the US Food and Drug Administration ( FDA ) gained authority to regulate CBD’s distribution in the market.
Although the FDA continuously reevaluates their stance on CBD products , companies cannot market CBD products as dietary or health supplements (5) .
The FDA has previously warned companies that made unproven therapeutic claims about CBD (6) . CBD companies now explicitly clarify on their websites that CBD is not medicine.
Tennessee CBD Laws
Tennessee only abides by the standards described in the 2018 Farm Bill . For any CBD product to be legal, the state requires that it should contain less than 0.3% THC.
Besides the Farm Bill of 2018, the following state laws detail the history of cannabis legality in the state of Tennessee .
House Bill 197
Tennessee HB 197 of 2015 allows individuals to use cannabis oil with less than 0.90 percent THC to treat intractable seizures or epilepsy in certain circumstances (7) .
This bill redefined “marijuana” by applying the following conditions:
- The cannabis oil manufacturer must label the product’s bottle to specify that it contains CBD oil with less than 0.9% THC .
- The individual must have obtained cannabis oil legally within the United States.
- The holder must have evidence of the legal order or recommendation from the issuing state.
Senate Bill 2125
In 2016, SB 2125 made further amendments to industrial hemp ’s definition by specifying it as the cannabis plant with less than 0.6% THC (8) .
The bill excluded cannabis oil with less than 0.6% from the definition of marijuana. The bill also excluded the necessary plants, seeds, and other derivatives needed to produce such oil from marijuana’s definition.
House Bill 2144
In 2016, HB 2144 acted as a substitute for SB 2125 to amplify the redefinition of cannabis oil with less than 0.6% THC to exclude it from the definition of marijuana (9) .
Individuals seeking hemp licensure in the state of Tennessee must complete the Tennessee Hemp Grower Application of the Tennessee Department of Agriculture (TDA) (10) .
The application includes four pages of instructions, including a listing of license fees based upon the total acreage of growing areas, identification, and aerial farm maps.
Applicants must address their application with the necessary documents to:
Tennessee Department of Agriculture
Plant Certification Section
Post Office Box 111359
Nashville , Tennessee 37222
The full application form with a checklist of required attachments is available at www.tn.gov .
Per TDA information, individuals need not do soil testing to obtain a hemp grower license (11) .
However, c ustomers may require soil testing. Hemp farmers may send soil samples to the University of Tennessee Extension Institute of Agriculture (12) for nutrient soil tests.
Meanwhile, contaminant tests for heavy metals, pesticides, microbials, or residual solvents require private lab testing.
Buying CBD Legally
How to Choose Which CBD Products to Buy
Consumers must check if a CBD brand provides its products’ comprehensive third-party lab results on its website.
Third-party lab results or a product’s certificate of analysis (COA) confirms CBD products ’ potency.
The COA is a document that can help ensure consumers that a CBD company’s products meet quality standards.
The COA results typically include cannabinoid and terpene profiles for consumers to confirm the CBD content and compare the amount listed on the label.
Most lab results also include contaminant profiles that detail whether a brand’s CBD product is free from harmful contaminants, such as pesticides, heavy metals, or residual solvents.
Reading CBD Product Labels
Consumers must carefully read a product’s packaging to confirm if the company provided the following information:
- Amount of CBD per serving
- Net weight
- Manufacturer’s name
- Batch number or code
- List of ingredients
- Suggested usage
- Type of CBD
Ideally, customers should buy CBD products from reliable CBD brands that comply with these labeling requirements.
Some CBD brands may print scannable QR codes on their products for the customers’ convenience. These tags allow people to view a product’s lab results so that customers can compare the lab-analyzed CBD contents with the product labels.
Where to Buy CBD Products Legally
Customers can typically purchase high- quality CBD products from health and wellness retailers .
Consumers may also purchase CBD products online directly through a specific brand’s shop.
Some of the best rated CBD stores in Tennessee , according to the Better Business Bureau (BBB), include (13) :
- Canvast Supply Company
Nashville , TN
Product price range: $9 to $40
- HeavenSent Hemp
Product price range: $15 to $3,024
- Cumberland Extracts
Contact 931-542-4665 for information on wholesale purchases
The BBB gathers consumer reports and reviews on various businesses of a specific state (14) .
CBD Possession Limits
The legal status of CBD products in Tennessee allows local customers to possess unlimited amounts of CBD or hemp oil products that are within the federal limits of THC content by weight (X) .
Per the medical marijuana laws passed within the state, qualified patients enrolled in clinical studies may possess CBD oil with up to 0.9% THC (15) .
Failure to comply with federal and state requirements regarding CBD are considered misdemeanors that local law enforcement may punish through appropriate fines.
Is CBD Prescription Needed in Tennessee?
Per the 2018 Farm Bill, all derivatives of cannabis plants with less than 0.3% THC content are legal under federal laws (16) . Thus, c ustomers within the state of Tennessee can legally purchase, possess, and use CBD products without a prescription, as long as a CBD product contains less than 0.3% THC content .
Is Smoking CBD Legal in Tennessee?
In accordance with the 2018 Farm Bill, cannabis products, which may include CBD hemp rolls and CBD vapes, are federally legal as long as they contain less than 0.3% THC (17) .
Still, consumers must consider the reports that have linked vaping to lung diseases and other potential risks (18) .
Is CBD Legal in Other States?
The federal government legalized hemp cultivation in all 50 states through the 2018 Farm Bill . This law redefined hemp as cannabis with less than 0.3% THC content .
Individual states have their interpretation of this law while staying in line with FDA standards.
Retailers cannot market CBD as medication or dietary supplements, per FDA regulation (19) .
State laws may place varying degrees of restriction on the manufacture and possession of CBD . Failure to comply with local medical cannabis laws results in penalties.
What Is CBD?
CBD is a non-psychoactive cannabinoid or molecule found in cannabis plants . It is the second most abundant component next to THC .
CBD products sold in licensed dispensaries are more often derived from hemp plants than they are from marijuana plants .
CBD is more abundant in hemp plants than marijuana, which explains why companies typically source their CBD products from industrial hemp .
Companies manufacture hemp extracts in different product forms. Common CBD products include tincture oils, topicals such as lotions or salves, gummies, capsules or pills, and vape juices.
What Is the Difference Between CBD and THC?
CBD and THC are the most abundant cannabinoids in cannabis plants. CBD is non-intoxicating, also colloquially called “non-psychoactive”, while THC is psychoactive and intoxicating.
Psychoactive substances cause users to “get high” upon using products rich in THC. CBD may still influence mental health, but does not cause the same euphoric “high” from THC.
What Is the Difference Between Hemp and Marijuana?
Although hemp and marijuana are varieties of Cannabis sativa plants, their differences lie in their cannabinoid contents.
Hemp plants contain more CBD than marijuana, while THC is more abundant in marijuana plants .
What Are the Different Types of CBD?
Full-spectrum CBD contains all of the hemp plant ’s naturally occurring cannabinoids , including trace amounts of THC .
Broad-spectrum CBD contains most of the cannabinoids within the hemp plant , except THC .
CBD isolate only contains CBD after the hemp plant undergoes extraction methods to strip the plant of virtually all other of its naturally occurring cannabinoids .
What Is the Difference Between Medical Marijuana and CBD Oil?
CBD oil is hemp-derived and has a THC content of less than 0.3%, while medical marijuana may exceed that limit.
What Are the Benefits of CBD Oil?
Several types of research have looked at the purported benefits of CBD oil .
Researchers have discovered that CBD has potential therapeutic benefits for Alzheimer’s disease (20) , Crohn’s disease (21) , and multiple sclerosis (22) .
Epidiolex is the only US FDA-approved CBD medication with significant scientific evidence. The drug is used to treat childhood epilepsy and tuberous sclerosis complex (23) .
Does CBD Oil Have Any Side Effects?
The World Health Organization has granted CBD a good safety profile (24) . Still, CBD has potential adverse effects, including the following (25) :
- Dry mouth
- Elevated liver enzymes and liver damage
- Changes in alertness
- Potential drug interactions
- Loss of appetite and gastrointestinal problems
- Mood changes
Like in all 50 United States, Tennessee consumers can legally purchase CBD products that meet the conditions described in the 2018 Farm Bill .
The standard condition for a CBD product ’s legal status is that it should only have trace amounts of THC , specifically less than 0.3% THC content on a dry weight basis.
*The information shared in this article was based on findings retrieved on November 16, 2020. The legality and regulations for CBD may change without notice .
Is Delta-8 THC Legal in Tennessee?
Despite the federal crackdown, delta-8 remains completely legal in the state of Tennessee.
Hemp-derived delta-8 THC is legal to purchase, use, possess, sell, distribute, and produce in the state of Tennessee.
Why is delta-8 legal in Tennessee? Because Tennessee state law falls in line with the Agriculture Improvement Act (2018 Farm Bill), a groundbreaking piece of federal legislation legalizing hemp and hemp-derived cannabinoids including delta-8, delta-10, and CBD.
For delta-8 to be legal in Tennessee, it must be sourced from hemp carrying no more than 0.3% delta-9 THC. Likewise, all delta-8 products must only carry 0.3% delta-9 as well. Anything above this limit and it’s immediately categorized as marijuana, which is a controlled drug under state and federal law.
Is delta-8 legal in Tennessee?
- Delta-8 is legal to purchase, use, possess, sell, distribute, and produce in Tennessee under state and federal law
- For delta-8 to be legal in Tennessee, it must be sourced from hemp carrying no more than 0.3% delta-9 THC
- You can freely purchase delta-8 products from online and physical stores operating in Tennessee
- You can also have delta-8 products shipped into the state
- CBD and delta-10 THC derived from hemp are also legal and protected under state and federal law
The legislation on delta-8 in Tennessee
Following the enactment of the federal 2018 Farm Bill, Tennessee passed Senate Bill 357. SB. 357 removed hemp from the definition of marijuana and descheduled all hemp-derived cannabinoids from the state’s own controlled substances list, including delta-8 and delta-10 THC. This means delta-8, delta-10, CBD, CBN, and all other plant compounds derived from hemp are officially legal in Tennessee.
Is recreational and medical marijuana legal in Tennessee?
No. Recreational and medical marijuana is strictly prohibited in the state of Tennessee. Delta-8 THC derived from marijuana is also prohibited in almost all circumstances.
Several legislative attempts to legalize medical marijuana have failed. The most recent attempt was Sen. Janice Bowling’s SB. 854, which sought to legalize medical cannabis for patients with qualifying conditions and establish the Tennessee Medical Cannabis Commission to regulate its production.
Unfortunately, the bill was rejected in March 2021 by the Senate Judiciary Committee, but there’s still hope.
Senator Ferrell Haile’s SB. 118 has recently been approved by the Senate. This bill is set to create a study commission on medical cannabis in Tennessee. The team will look at how best to establish an effective, patient-focused medical marijuana program. The team will report its findings to the legislature no later than January 2022.
Nashville cannabis decriminalization
In June 2020, Nashville essentially decriminalized minor cannabis possession. The Nashville District Attorney’s Office will no longer prosecute individuals caught in possession of less than half an ounce of marijuana.
Does this mean delta-8 THC in marijuana is decriminalized in Nashville? Technically speaking, yes it is, but only in natural quantities.
Buying delta-8 THC in Tennessee
Buying delta-8 in Tennessee is perfectly legal and easily accessible. You can purchase through delta-8 THC products online or through licensed CBD dispensaries, many of which are located in the Nashville, Knoxville, and Cookeville areas.
Which online delta-8 brands ship to Tennessee?
We understand not everyone in Tennessee has easy access to physical CBD dispensaries, which is why purchasing delta-8 online is the most convenient avenue you can take.
There are many online delta-8 companies to choose from. Knowing which ones are legit or not is a struggle many face, especially when you consider the hemp industry’s lack of regulatory oversight.
To help you out, we have tested and reviewed the best delta-8 THC products currently operating and ready to ship to your address in Tennessee.
If you’re looking to buy edibles, here are the best delta-8 THC gummies we recommend. If you’re looking for quality vapes, check out these potent delta-8 vape cartridges.
What type of delta-8 THC is legal in Tennessee?
Delta-8 THC derived from Farm Bill compliant hemp carrying no more than 0.3% delta-9 is legal in Tennessee. You cannot purchase, use, or produce any delta-8 products from marijuana carrying more than 0.3% THC limit. It’s illegal under state law. First-offense for possession is a misdemeanor punishable by up to one year in prison.
Can you travel to Tennessee with delta-8?
Yes. You can travel into Tennessee with any hemp-derived delta-8 THC product carrying no more than 0.3% THC. Tennessee state law does not prohibit the transportation of hemp and hemp-derived products across its borders.
However, if you have hemp-derived delta-8 products in your possession and state border forces do a stop and search, we recommend keeping proof of receipts and Certificates of Analysis with you. Why? Because these documents help verify the legality of your delta-8 products.
Can I travel to Tennessee with marijuana-derived delta-8 THC?
No. You are not permitted to travel into Tennessee with marijuana-derived delta-8 THC in your possession. Recreational marijuana is strictly forbidden in the state. Medical marijuana is legal but with limitations.
If you’re caught with marijuana-derived delta-8 THC products in your possession, you could face a substantial fine or jail time depending on the quantity. Best to leave it at home if you’re in a legalized state.
Is delta-10 THC legal in Tennessee?
Yes. Like delta-8, delta-10-tetrahydrocannabinol (delta-10 THC) is protected under state and federal law.
For delta-10 to be legal in Tennessee, it must be derived from hemp plants carrying no more than 0.3% delta-9 THC. You cannot purchase, use, or produce delta-10 products derived from marijuana carrying over the 0.3% THC limit.
Is CBD legal in Tennessee?
Yes. CBD is legal to purchase, use, and produce in Tennessee, provided it’s sourced from hemp carrying up to the federal 0.3% THC limit. If the THC percentage is higher than 0.3%, it’s immediately classified as marijuana.
Marijuana in Tennessee is heavily regulated. You cannot purchase marijuana-derived CBD products through licensed online stores or dispensaries.
The use of CBD oil derived from marijuana
CBD oil derived from marijuana is permitted in Tennessee under certain restrictions. In 2016, the Tennessee state government successfully passed Senate Bill 2125. This piece of legislation changed the state’s definition of hemp, allowing universities access to CBD oils carrying up to 0.9% THC for clinical research purposes.
Upcoming legislation in Tennessee that could change legality of delta-8?
Thankfully, no upcoming Tennessee state legislation seeks to change delta-8 THC’s legality within the state.
However, there are currently 18 U.S. states regulating, restricting, or prohibiting delta-8 THC products due to pressure from the federal government and the Drug Enforcement Agency (DEA).
The DEA issued an Interim Final Rule (IFR) in mid-2020 attempting to verify delta-8’s legality, questioning whether or not it belongs on the federal list of controlled substances as a synthetic cannabinoid. As a result, states have preemptively restricted or banned delta-8.
Will Tennessee restrict or ban delta-8 THC?
Despite no upcoming Tennessee legislation seeking to prohibit delta-8 or place it on the state’s list of controlled substances, federal pressure is growing at an alarming rate. As mentioned, 18 U.S. states have taken measures to regulate or ban delta-8 THC products, 15 of which happened over the past 6-8 months.
Does this mean Tennessee will follow suit? No one knows. Do we think it could happen? Of course. Nothing is outside the realm of possibility when it comes to state and federal law on delta-8. Right now, delta-8 is here to stay in Tennessee, but for how long? Who knows. Enjoy it while it’s available to you.