The Tennessee Department of Agriculture has formulated rules that require new tests of hemp products to determine delta-9 THC.
Tennessee Lookout By Anita Wadhwani
Tennessee’s sale of popular hemp goods will be legal until the end of June when Nashville judges hear a lawsuit challenging rules in Tennessee that are intended to ban many top-selling items.
This decision is a respite of six months for Tennessee’s hemp industry. According to data from an industry survey, the industry has seen its sales grow to between $280 and $560 millions since it was legalized six years ago.
The Tennessee Department of Agriculture has drafted rules that require testing of new hemp products to determine delta-9 THC.
The Tennessee Growers Coalition, and the Tennessee Healthy Alternatives Association argued the rule, which is set to take effect on December 26th, represents an overreach by the Tennessee General Assembly and will lead to the banning of products not yet banned.
The state attorneys said that the Agriculture Agency is within its right to restrict chemicals present in hemp.
I’Ashea Myles of the Davidson County Chancellor’s Office issued a preliminary injunction to February 18 days before these rules would have taken effect. This injunction is now in place until the trial scheduled for June 5,
Tennessee’s legislature has approved the production, sale and possession of hemp since 2019.
The compound delta-9 THC is what distinguishes hemp from marijuana. Cannabis with a concentration of less than 0.3 percent delta-9 THC is defined as legal hemp in Tennessee—and federally. Cannabis with concentrations higher than 0.3 per cent is considered marijuana in Tennessee and it is illegal to sell, grow or possess.
Tennessee does not have a ban on hemp flowers. They also contain THCA. This is a non-intoxicating, but still potent acid. When heated or smoked, however, the THCA in the plant converts into delta-9 THC—an illegal substance in Tennessee when it is present in greater than trace amounts. Under the new regulations, testing would be required for delta-9-THC produced when THCA heated.
Tennessee Lookout was the first to publish this story.
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Kimzy Nanney provided the photo.