Tennessee Governor Indicators ‘Hemp-Killing’ Regulation, Banning THCA, Artificial Cannabinoids

Tennessee’s hemp trade will take a significant blow beginning in 2026 after Gov. Invoice Lee signed regulation on Might 21 that no longer best will ban merchandise with THCA and artificial cannabinoids but additionally limit direct-to-consumer gross sales.

The regulation, Space Invoice 1376, additionally eliminates the state’s Agriculture Division from regulatory tasks over hemp-derived cannabinoid merchandise, shifting that authority to the Tennessee Alcoholic Beverage Fee (ABC).

Beneath the brand new regulatory regime, hemp-derived cannabinoid product (HDCP) gross sales can be banned in comfort and grocery shops and as an alternative be limited to institutions that prohibit access to folks 21 and older or are approved through the ABC. The brand new regulation additionally establishes strict regulatory constructions for HDCP wholesalers and producers.

Sen. Richard Briggs, R-Knoxville, who subsidized the Senate model of the regulation, stated remaining month at the chamber ground that the intent is to control HDCPs like alcohol within the passion of public well being and protection.

“We’ve got a state of affairs right here in Tennessee the place we necessarily are coping with unregulated leisure marijuana without a law,” he stated. “It’s the wild west available in the market.”

Against the invoice, the U.S. Hemp Roundtable (USHR) known as H.B. 1376 “hemp-killing” regulation that will give you the alcohol trade a monopoly on drinks containing cannabinoids whilst slicing alternatives for farmers and small companies.

Additionally, in step with the USHR, the regulation will strip get admission to to wellness merchandise that many Tennesseans have relied upon within the absence of clinical hashish legalization within the Volunteer State.

The Tennessee Growers Coalition, which advocates for native hemp farmers and companies, held a identical place, urging its supporters to ship the next message to their elected officers relating to H.B. 1376’s intent to prohibit THCA flower and on-line gross sales, and to shift regulatory authority to the ABC:

“This maneuver could also be introduced through the liquor trade as a grasping try to make up for misplaced earnings misplaced through the onset of in style prison hemp merchandise. This isn’t about protective shoppers like proponents say; it’s about capitalizing at the hemp trade to offset losses in alcohol gross sales and padding bureaucratic wallet off the backs of on a regular basis hard-working Tennesseans.”

Briggs stated remaining month that warring parties of his subsidized regulation have been overly excited about tetrahydrocannabinolic acid (THCA), a precursor to THC: When nonintoxicating THCA is heated, or decarboxylated, it converts into intoxicating THC.

For hemp trade stakeholders, THCA, which was once neglected from the federal definition of hemp within the passage of the 2018 Farm Invoice, represents a strong trade alternative, particularly in states that experience much less permissive hashish rules.

For plenty of within the extremely regulated and taxed hashish trade, THCA represents a loophole for his or her competition to undercut their approved and examined merchandise.

“An overly, very small phase offers with most certainly what lots of the dialogue goes to be about, which is coping with the THCA,” Briggs stated.

The senator stated he and different legislative leaders despatched a letter to the U.S. Division of Justice (DOJ) soliciting for explanation on the place the government classifies THCA underneath the Managed Elements Act (CSA).

Felony professionals out of doors of Tennessee have despatched identical letters and gained identical responses.

Terrence L. Boos, Ph.D., leader of the Drug and Chemical Analysis Segment of the Drug Enforcement Management’s (DEA) Diversion Keep an eye on Department, wrote in a Might 13, 2024, letter to Lawyer Shane Pennington that THCA should be factored into figuring out whether or not a substance meets the prison definition of hemp or hashish.

“The ‘decarboxylation’ procedure converts delta-9 THCA to delta-9-THC. Thus, for the needs of implementing the hemp definition, the delta-9 THC degree should account for any delta-9 THCA in a substance,” Boos wrote within the letter. “Accordingly, cannabis-derived THCA does no longer meet the definition of hemp underneath the CSA, as a result of upon conversion for id functions as required through Congress, it’s similar to delta-9 THC.”

On the other hand, some prison professionals argue that Boos’ interpretation of THCA does no longer align with the 2018 Farm Invoice language for the reason that federal regulation best offers with hemp examined within the box, no longer in end items. In different phrases, so long as a plant assessments underneath 0.3% delta-9 THC on a dry-weight foundation throughout a pre-harvest take a look at inside of 30 days of being chopped down, then its derivatives that land on retail cabinets can include any quantity of THCA underneath federal regulation.

In a similar fashion, the DEA made up our minds that “all synthetically derived tetrahydrocannabinols,” equivalent to delta-8 THC and THC-O, “stay Agenda I managed ingredients” within the company’s Intervening time Ultimate Rule from August 2020.

On the other hand, the U.S. 9th Circuit Court docket of Appeals, in Might 2022, and the U.S. Fourth Circuit Court docket of Appeals, in September 2024, rejected the DEA’s interpretation.

Tennessee state Sen. Kerry Roberts, R-Springfield, stated remaining month that H.B. 1376 would harm farmers in his rural district, asking why the regulation doesn’t align with the federal definition of hemp.

Just like different states that experience legalized adult-use hashish, Briggs stated, “This is a matter of state sovereignty, and we will be able to set it any place we would like.”

Sen. Web page Walley, R-Savannah, stated it was once a “bit disconcerting” that his fellow lawmakers determined to switch the foundations after having already set definitions for hemp-derived hashish like THCA and delta-8 THC for trade individuals in July 2023.

“My fear isn’t in regards to the content material; it’s in regards to the procedure … We went via a large number of this paintings over the previous few years, and we informed our farmers, we informed our outlets, we informed small trade other folks, who’re truthful, which can be paying rents on amenities, that those have been the foundations,” Walley stated. “Regulation-abiding Tennesseans who’ve relied on us and did what we informed them they might do, and now we’re going to transport that goalpost.”