After passing Tennessee’s Senate convincingly in a 23 – 9 vote, what is effectively a ban on hemp derived THCA will make its way to the Governor’s desk for his signature.
Hemp was regulated in Tennessee in 2023, but a loophole remained concerning the cannabinoid tetrahydrocannabinolic acid (THCA).
While hemp is low in delta-9 THC – the cannabinoid most commonly associated with marijuana’s “high” – it can be high in THCA, which is not intoxicating. By heating THCA (such as by smoking or vaping), it can be converted to delta-9-THC. THCA has been widely available in Tennessee, causing a variety of problems. However, it seems that Tennessee legislators have closed this loophole by passing HB1376 and its companion legislation. SB1413 Senate
The state department of agriculture currently regulates manufacturing, production and sales of HDCPs, or hemp-derived cannabis products. THCA falls under this category.
The legislation passed just now specifies that THCA is not a HDCP, and instead defines THCA to be the precursor of delta-9 THC. Furthermore, instead of THC meaning only delta-9 tetrahydrocannabinol, this has been expanded to mean tetrahydrocannabinol, THCa, a THC component, or any derivative thereof.
Like Delta-9, all THC is limited to less than 0.3% on a weight-based basis.
Additionally, there are new rules regarding the sale of HDCPs, including limiting entry into premises selling them to individuals who are 21 years of age or more, and restricting the types of premises that can – and how they go about doing so. The Department of Agriculture will also be responsible for HDCPs, but this responsibility is now transferred to ABC and Department of Revenue.
The law will take effect on January 1, 2026, assuming it’s signed or approved by the governor.
Hemp industry opponents in the state were expected. Tennessee Grower’s Coalition released a statement in advance of the vote. said:
It is utter disrespect to the legal process, and the voices of thousands Tennesseans.
To the end of last year, it’s estimated the state’s hemp industry had generated between $280 billion and $560 billion in retail sales – with a significant chunk of that THCA flower related. It has been conservatively estimated THCA products make up at least 25 percent of the total market for hemp-derived cannabinoid products – and as much as more than half of the total market.