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. But by heating THCA, such as through smoking or vaping, it converts to delta-9 THC. THCA products have proliferated in the state causing a range of concerns, but it appears Tennessee lawmakers have been successful in closing this loophole with the passing of HB1376 in the House, and its companion SB1413 in the Senate.
As things currently stand, the state’s department of agriculture regulates the manufacture, production, and sale of hemp-derived cannabinoid products, aka HDCPs. And THCA is included among them.
But the legislation just passed specifies THCA and synthetic cannabinoids are not HDCPs, instead defining THCA as the precursor to 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.
As with Delta-9, the legislation limits all THC to less than 0.3% concentration on a dry weight 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. Also, the responsibilities of the Department of Agriculture concerning HDCP products is to be transferred to the Alcoholic Beverage Commission (“ABC”) and the Department of Revenue.
Assuming the legislation is signed off or waved through by Governor Lee, it will come into effect from January 1, 2026.
It’s no surprise the bills came up against opposition from the state’s hemp industry. In the lead-up to the vote, the Tennessee Grower’s Coalition said:
“Banning THCA in the 11th hour is complete disrespect of the legislative process and voices of thousands of 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.
