CBD’s rising popularity can be attributed to the compound’s myriad of therapeutic benefits, with CBD products being used to address anything from mild pain to seizures. However, there’s an increase in attention on CBD products that has sparked many discussions on its legal status across the United States. Technically, the commercial cultivation and recreational use of low-THC, hemp-derived CBD is legal on a federal level, but certain states may have additional restrictions or regulations. This article delves into the specifics of CBD laws in Tennessee, providing comprehensive information on the legalities of CBD consumption in the state.
Hemp-derived CBD vs Marijuana-derived CBD
Thanks to the 2018 Farm Bill (1), CBD became federally legal, given that it contained no more than 0.3% THC by dry weight. This legislation opened the door for producing and distributing CBD-infused products across the United States. However, since there are differences between hemp-derived CBD and marijuana-derived CBD, it’s important to understand the laws surrounding CBD in Tennessee.
CBD that’s sourced from industrial hemp plants contains a small amount of THC, otherwise known as Tetrahydrocannabinol. This psychoactive compound produces the “high” effect that’s commonly associated with marijuana use. Compared to marijuana, hemp contains far less THC and thus is more commonly used for its relaxing and anti-inflammatory “body high” instead. On the other hand, marijuana-derived CBD contains higher amounts of THC, surpassing the 0.3% limit. Since it produces psychoactive effects, marijuana-derived CBD is subject to stricter state and federal regulations, as marijuana itself is classified as a controlled substance in many jurisdictions.
What is the THC limit for CBD products in Tennessee?
Following the 2018 Farm Bill and adhering to federal regulations, the THC limit for CBD products in the state is 0.3% by dry weight.
Is hemp-derived CBD legal in Tennessee?
Since the 2018 Farm Bill differentiated industrial hemp from marijuana and removed hemp products from the list of controlled substances, hemp-derived CBD has become legal in Tennessee and across the United States. Tennessee residents are free to harvest, sell, and purchase CBD provided that the CBD does not exceed 0.3% THC by dry weight. (2) Additionally, unlike other states, there are no legal restrictions on the amount of CBD an individual can carry as long as the CBD in possession does not exceed federal THC limits.
Is marijuana-derived CBD legal in Tennessee?
Weed and marijuana-derived CBD remain prohibited in Tennessee for both recreational and medicinal use. (3) Tennessee upholds stringent regulations surrounding marijuana products, as marijuana is still a controlled substance. Thus, any CBD product derived from marijuana plants, even if it contains minimal or no THC, falls under cannabis-related restrictions.
Does Tennessee have a medical marijuana program?
No, Tennessee currently does not have a medical marijuana program. Tennessee has very stringent marijuana laws and is one of only 12 states without a viable medical cannabis program.
In lieu of a program, Tennessee allows CBD oils with higher concentrations of THC (up to 0.9%) to be purchased by individuals who have a prescription from a physician. The physician can only prescribe CBD oil if the patient suffers from a qualifying condition, such as cancer, epilepsy, Parkinson’s, ALS, AIDS, and a handful of other illnesses. (4)
Can minors purchase CBD products in Tennessee?
While previously there were no age restrictions for the purchase of CBD products in Tennessee, new Tennessee CBD laws enacted July 1, 2022 (5) now require individuals to be at least 21 years old to be able to purchase CBD products.
It is now a Class A misdemeanor to knowingly sell or distribute CBD products to anyone under 21, which is the same penalty as selling alcoholic beverages to minors.
Is CBD hemp flower legal in Tennessee?
Following federal regulations, CBD hemp flower is legal in Tennessee. However, considering the state’s strict laws surrounding marijuana, you’d be hard-pressed to find hemp flowers in brick-and-mortar stores. High-quality hemp can look, smell, and feel exactly like marijuana, and law enforcement may not recognize the differences. Hence, you may find better luck purchasing hemp flowers online.
Is growing hemp flower legal in Tennessee?
As hemp is legal in Tennessee, it is also permitted to grow hemp in the state. However, individuals interested in producing CBD derived from hemp need to obtain a license from the state and consent to inspections of their crops and inventory.
How are CBD sales regulated in Tennessee?
CBD is highly regulated in Tennessee. The state’s Department of Agriculture oversees hemp cultivation through licensing, inspections, and testing of THC levels. Retail sales of CBD are permitted but are subject to many regulations. For example, CBD products must be stored behind the retail counter and inaccessible to a customer (if the store is open to patrons below the age of 21). Distributing samples of CBD and other hemp-derived products in public is also illegal, as is marketing CBD products as therapeutic or as a dietary supplement.
The legal landscape of CBD in Tennessee is one many might ask about: “Is CBD Legal in Tennessee?” It can be complex and intricate, as the state’s ban on recreational marijuana has consequently produced numerous regulations regarding CBD production, retail, and consumption. But in short, while Tennessee takes a strict stance on recreational and medicinal marijuana, hemp-derived CBD products are free to use and purchase in the state as long as the THC content of the product is no more than 0.3%. Individuals can also grow hemp and produce hemp-derived products if they obtain the appropriate licenses and consent to regular inspections. With the differing laws surrounding CBD and other hemp-derived products across the US, familiarizing yourself with CBD laws and regulations has become necessary to purchase and consume CBD products in your area safely.
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