Proposed rules to regulate hemp in Tennessee could put a limit on the total amount of all forms of THC allowed in products, potentially closing what some see as a legal loophole that has led to the marketing of hemp flower high in THCA. When smoked, THCA converts to delta-9 THC, the cannabinoid primarily responsible for the psychoactive effects of weed.

In April 2023, Tennessee lawmakers passed legislation to regulate and tax hemp products grown, manufactured and sold in the state. Under the bill, the Tennessee Department of Agriculture was tasked with developing rules to govern the industry, including regulations for product testing, compliance and enforcement. In December, the department released a draft proposal of the new rules mandated by the legislation.

The 2018 Farm Bill legalized hemp at the federal level, defining hemp as cannabis that contains no more than 0.3% delta-9 THC. Using this definition, many hemp growers have begun producing cannabis that is high in THCA, a cannabinoid that is converted to delta-9 THC when subjected to heat through a process known as decarboxylation. 

Federal regulations require hemp to be tested for THC content within 30 days of harvest, using a test that combines the amounts of delta-9 THC and THCA using a specific formula to determine total THC. Cannabis with more than 0.3% total THC at testing time is considered marijuana under federal law and is still illegal.

Some hemp growers, however, have developed agricultural processes and strains of cannabis that do not express high levels of THCA until late in the 30-day testing window. By testing early in the window, growers can produce hemp flower that complies with regulations at testing time but has high levels of THCA after harvesting and packaging. As a result, THCA hemp flower is available in many states that have not legalized cannabis, despite the fact that it is psychoactive when smoked or vaped.

The companies marketing these products argue that they comply with the Farm Bill and thus are legal. Others, however, see this interpretation as a loophole that is likely to be closed. Already, several states have taken steps to regulate hemp cannabinoids.

“There is a very cat’s-out-of-the-bag mentality around it. Some people view this as the actual legalization of cannabis in America,” Madeline Scanlon, cannabis insights manager at market data analyst firm Brightfield Group, told MJBizDaily.

“Other people view this as a loophole to be squashed and are advocating for it. But no matter, it’s out there,” Scanlon added. “People can buy it just like they would normal cannabis.”

New Rules Tighten Legal Definition Of Hemp

The new rules proposed by the Tennessee Department of Agriculture would redefine hemp by requiring finished products to have no more than 0.3% total THC. Hemp advocates say the rule would make many THCA, delta-8 THC and CBD products that are available now illegal, with devasting effects on the state’s hemp growers and retailers.

“Unfortunately, they are regulating it out of business,” Kelley Hess, executive director of the Tennessee Growers Coalition, told the Chattanooga Times Free Press in January. “They are creating law in the rules and are exceeding their authority in creating a new definition of hemp in the rules outside of the law.”

The Department of Agriculture’s proposed rules would also allow it to conduct random inspections and test products being sold by retailers. Hemp advocates argue that by the time the products have been manufactured and received by retailers, some THCA may have decarboxylated, making them contain more than 0.3% delta-9. Hess says that the rule would “wipe out” the industry for THCA and CBD flower in Tennessee.

“There is practically no way that a farmer or grower could meet all the rigorous standards on the growing side in addition to all of the standards they have put on for their products to be put on the shelf,” Hess said.

Hemp Advocates Sound Off About Proposed Rules

The Department of Agriculture held a public hearing on the proposed rules in February. According to the Tennessee Growers Coalition, between 200 and 300 hemp industry supporters attended the hearing to express their views on the draft rules. Andy Chesney, owner of the Hemp House in West Knoxville, testified before regulators at the hearing.

“By eliminating THC, you’re not really gaining the full effects of the plant, or the full benefits of it,” Chesney said. “And so from a consumer perspective, the frustrating part is that what seems to be considered by the powers that be in Tennessee, is this getting high and regulating people who are attempting to get high.”

Kim Doddridge, public information officer for the Tennessee Department of Agriculture, said after the hearing that the agency is currently reviewing the public comments and developing the final rules. She also noted that the law requires the department to finalize the new rules by July 1.

“The record, responses, and final rule coming from the February 6 hearing will be submitted to the TN Attorney General’s Office,” Doddridge said, according to a report from local media. “Their office will review the final rule for legality and constitutionality, and if approved, the final rule will be filed with the Secretary of State’s Office and will be effective 90 days later.”

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On Feb. 17, 2023, a Georgia-based Black family of seven (two parents, Deonte Williams and Bianca Claymore and five children, one of which was an infant at the time) were driving to a funeral and traveling through Tennessee to Chicago, Illinois, when they were detained at a traffic stop. Law enforcement initially pulled them over for dark tinted windows and traveling in the left lane while not passing, but after finding five grams of cannabis in the pocket of the Williams, he was arrested, Clayborne was cited, and they spent four hours at the Coffee County Justice Center.

The children were terrified, and DCS caseworkers asked to obtain a urine sample from Clayborne, who refused because she didn’t want to leave her kids alone. They compromised to have her give a urine sample in her car, while surrounded by law enforcement, and she attempted to do so, but ultimately could not. DCS told her that not complying “made matters worse” for her, and an emergency order from Coffee County Judge Greg Perry was issued for the children; they were removed from Bianca’s side at the justice center and taken into state custody.

The children were placed in temporary separate foster homes, where Clayborne was not allowed to visit them, and later they were allowed to stay with a family friend while the case was ongoing. Finally, after 55 days of separation, the children were returned to their parents on April 13. Clayborne’s misdemeanor was dismissed, Williams pled guilty to a misdemeanor, and the Department of Children’s Services dismissed the case.

According to the Tennessee Lookout, the sudden separation caused Clayborne to suffer from intense anxiety, depression, and mental anguish, and she stopped producing breast milk during that time. The news report shared that the children have also shown signs of trauma because of the incident, including one child having nightmares, wetting the bed, and another child now “has a visceral reaction to seeing police.”

Nearly one year later on Feb. 8, the family is suing the three DCS caseworkers, four Tennessee Highway Patrol officers, 10 Coffee County Sheriff Department officers, all of which played a part in the incident. “These public officials illegally tore apart and terrorized Clayborne’s family. They acted outrageously and unlawfully. Their actions caused severe emotional trauma to Clayborne and each of her five children,” the lawsuit stated. “Clayborne and the children bring this lawsuit to vindicate their rights against people that harmed them, though the full extent of the harm to their family may never be undone.”

The lawsuit claims that the family’s fourth amendment rights were violated, that there is evidence of multiple counts of false arrest and imprisonment, in addition to many other counts. The family is represented by Herzfeld, Suetholz, Gastel, Leniski, and Wall, PLLC, and Rubenfeld Law Office, PC.

Last year, Williams’ and Claymore’s attorney, Jamaal Boykin, expressed the sheer horror of such an event taking place. “It’s just so shocking to the conscience that in 2023 this is happening,” said Boykin. “I just have to believe if my clients looked different or had a different background, they would have just been given a citation and told you just keep this stuff away from the kids while you’re in this state and they’d be on their way.”

Legislators who heard about the incident also stood up for the family, such as Tennessee Sen. London Lamar. “DCS, Coffee County, y’all need to do the right thing before the situation gets worse, and we have a nation of people coming to the rescue of this Black family,” said Lamar. “Give them their children back. It’s borderline discrimination, because if this was any other family, as their attorney said, we don’t even think this would be the outcome.”

Tennessee Sen. Raumesh Akbari also exclaimed her disappointment in the events that tore the family apart. “It is outrageous that the state forcefully separated Bianca Clayborne, a breastfeeding mother, and Deonte Williams from their kids and have allowed this to continue for nearly a month,” Akbari said. “The state exercised extreme and flawed judgment in taking their children and it seems they’ve doubled down on this poor decision. No family is perfect, but an imperfection, like a simple marijuana charge, is no excuse for tearing a family apart. The state is supposed to support reunification. If they don’t have a better reason, they must immediately return these five children to their parents.”

Cannabis laws in Tennessee are incredibly strict, even for the limited number of patients who are permitted to use medical cannabis as residents. In the 2022 State of the States Report written by Americans for Safe Access, Tennessee received an “F” grade for its medical cannabis program. “Tennessee policymakers should avoid delaying implementation of a medical cannabis program; patients in the state are actively harmed by the state’s inaction,” the ASA wrote. Other states with an “F” rating included Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Nebraska, North Carolina, South Carolina, Texas, Wisconsin, and Wyoming.

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Hemp growers and retailers in Tennessee say that newly proposed regulations threaten the viability of businesses in the industry and vow to challenge the rules before they go into effect, according to media reports.

In April, the Tennessee General Assembly passed legislation to regulate and tax hemp products grown, manufactured and sold in the state. Under the bill, the Tennessee Department of Agriculture is tasked with drafting rules to govern the industry, including regulations for product testing, compliance and enforcement. Earlier this month, the Agriculture Department released a draft of proposed new regulations for the hemp industry, which are slated to go into effect next year.

Five years ago, the U.S. Congress legalized hemp agriculture with the passage of the 2018 Farm Bill. The legislation defines hemp as cannabis plants with less than 0.3% delta-9 THC. 

Tennessee’s hemp laws follow the Farm Bill’s definition, but the proposed rules from the Department of Agriculture would require products to have less than 0.3% THC in all its forms, including THCA and delta-8 THC. The proposed regulations would make many of the hemp products currently available in Tennessee illegal. Representatives of hemp businesses say the new rules go too far and threaten the viability of the industry. 

“Unfortunately, they are regulating it out of business,” Kelley Hess, executive director of the Tennessee Growers Coalition, told the Chattanooga Times Free Press. “They are creating law in the rules and are exceeding their authority in creating a new definition of hemp in the rules outside of the law.”

Chris Sumrell, a hemp grower and the owner of Chattanooga’s FarmtoMed, said that he worked with lawmakers to help draft the bill to protect the reputation of the Tennessee hemp industry, fearing that untested and unreliable products would tarnish its image. 

“We all got together and put our two cents in to try to create a program along the lines of some programs running in other states that were successful,” Sumrell said, “and it really was going to get a lot of these products off gas station shelves.”

However, after the department released the proposed rules for enforcing the law, Sumrell pulled all dry flower products from his stores, a move that affected his sales during the holiday season. If the rules went into effect as currently written, he said, about 90% of his sales would be threatened. 

Rules Allow Random Inspections

The Department of Agriculture’s proposed rules would also allow it to conduct random inspections and test products being sold by retailers. Hemp advocates argue that by the time the products have been manufactured and received by retailers, some THCA may have decarboxylated, making them contain more than 0.3% delta-9. Hess says that the rule would “wipe out” the industry for THCA and CBD flower in Tennessee.

“There is practically no way that a farmer or grower could meet all the rigorous standards on the growing side in addition to all of the standards they have put on for their products to be put on the shelf,” Hess said.

Kim Doddridge, a spokesperson for the Department of Agriculture, said in a statement that the new rules are scheduled to go into effect in July. However, it could be later if the regulations are not finalized by that date. A hearing on the proposal will be held on February 6, and the department is currently accepting public comments on the proposed rules.

“I think the public comment period is going to see thousands and thousands and thousands of comments, not only from the industry, but from consumers of this industry who rely on these products as a matter of their personal wellness,” said John Kerns, the head of the Chattanooga-based testing facility New Bloom Labs.

The Department of Agriculture reports that 319 growers have been licensed to grow hemp in the state. The Tennessee Growers Association estimates that the state’s hemp industry now generates about $200 million per year in sales. But businesses in the industry say the proposed regulations put all of that in jeopardy.

“The way that the department is defining quote-unquote ‘compliance’ is so restrictive and such a gross misinterpretation that these products are never going to make it,” Kerns said. “They won’t be manufactured. They won’t be tested, and they won’t be sold.”

Tennessee’s hemp businesses have an ally in the state legislature who is monitoring the situation with the proposed regulations. State Representative Chris Hurt, a member of the Agriculture Committee who grew hemp for two years, said he has concerns about the new rules as they are written.

“It’s kind of changing the rules in the middle of the game, ” Hurt told local media.

Hurt has agreed to sponsor new legislation in 2024 to clarify the intent of the law passed earlier this year. Hess said that if the proposed rules go into effect as currently written, the Tennessee Growers Association will consider litigation to challenge the regulations.

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Law enforcement officials in Tennessee have shut down a cannabis cultivation site that was operating in a converted church, seizing about 2,000 weed plants in the process. The raid on the church, which was conducted last week by the Stewart County Sheriff’s Office (SCSO), was the result of a weeks-long investigation, according to law enforcement officials.

Although the plant count was not especially high for commercial marijuana growing operations, Sheriff Frankie Gray noted that the bust shut down Stewart County’s largest discovered weed farm ever.

“The sheriff’s office shut down the largest marijuana grow in county history,” Gray said in a statement to local media.

In a social media post on Friday, the sheriff’s office noted that deputies had been conducting an investigation of the church for three weeks after local residents reported a strong odor emanating from the property. The investigators conducted traffic stops to question people they had seen coming from and going to the church and were told that hemp was being grown at the site, which is legal in Tennessee with a license from the state.

Sheriff’s deputies also investigated the electricity and water usage at the property, which was originally built as a Methodist church in 1960 and later sold. Investigators learned that the grow operation had a water bill that was characterized by local media as “high” and was using about $3,000 per month in electricity.

Last week, the SCSO obtained a search warrant for the church on Highway 46 in the community of Indian Mound. Sheriff’s deputies and law enforcement officers from the 23rd Judicial Drug Task Force then raided the site on Thursday and discovered about 2,000 cannabis plants including live plants and others that had already been harvested and dried. The Tennessee Bureau of Investigation also assisted in serving the search warrant.

Cops Fear Possible Booby Traps At Cultivation Site

The sheriff’s office said the marijuana cultivation operation included elaborate lighting and watering systems operated by automatic timers. The agency also reported that the search of the site was slowed as deputies investigated “the possibility of booby traps laid out for law enforcement.” The SCSO also reported that investigators found “a large amount of possibly toxic chemicals” at the site.

Law enforcement officers took one person into custody when the search warrant was served, although officials did not specify what charges the individual was being held on. Others are wanted for questioning, the sheriff’s office said.

The converted church, which is located in northern central Tennessee about 70 miles northwest of Nashville, is listed for sale on Zillow, according to media reports. The property is listed as having four bedrooms and three bathrooms. The listing also notes that the site, which formerly had two buildings, was converted into one building with the addition of a breezeway. The person posting the listing said they were “looking for a quick sale” of the property.

Tennessee is one of only about a dozen U.S. states that have not adopted a comprehensive plan to legalize medical marijuana, although a limited measure to legalize low-THC CBD oil was passed in 2015. Possession of even small amounts of cannabis is still a misdemeanor criminal offense.

Those who commented on the social media post from the sheriff’s office in conservative Stewart County were mostly in favor of the law enforcement action to shut down the cannabis cultivation site discovered at the church last week.

“Our Law Enforcement Agency is always on top of things. Great job!” one person commented.

“Thank you for shutting this operation down,” said another. “Your hard work is appreciated. Stay safe.”

“Thankful for our sheriff’s department and all involved,” added a third Facebook user.

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Nine law enforcement agencies joined together to take down a massive illegal drug operation after a 35-pound shipment of psilocybin edibles revealed the extent of the operation. Agents found an assortment of drugs including multiple forms of cannabis, psilocybin, steroids, and even a distiller tool to make illegal moonshine.

In a press release and a Facebook post, the West Tennessee Drug Task Force, representing the state’s 28th, 29th, and 30th Judicial Districts, announced they served warrants to dismantle a drug operation at a building formerly occupied by Walmart. It involved all three jurisdictions of the West Tennessee Drug Task Force, the Tennessee Bureau of Investigation, the United States Postal Inspector, Counterdrug Task Force, A.T.F., Humboldt Police Department, Tennessee Dangerous Drugs Task Force, and the 26th Judicial District Drug Task Force.

Search warrants were executed last on July 25 to deploy agents at a warehouse building in Humboldt, Tennessee (Not to be confused with Humboldt County in California). It’s the culmination of an elaborate drug investigation involving over 25 law enforcement officers from nine different agencies.

NBC affiliate Action News 5 reports that it’s the “largest drug bust in western Tennessee history.”

Four suspects were arrested for allegedly taking part in a drug trafficking operation: Joseph Brian Moss, 41, and Lauren Nichole Tippet Moss, 35, both of Humboldt; and Dustin Page, 38, and Tiffany Page, 39, both of Madison County. 

Officers knew of the operation, but the last straw was a delivery of almost 35 pounds of psilocybin edibles that were shipped to a former Humboldt Walmart. A team of agents served a search warrant at the building located at 2500 North Central Avenue.

“This seizure is the biggest in the 28th Judicial District and arguably West Tennessee,” said Drug Task Force Director Johnie Carter. “It is the result of many years of hard work and partnerships formed between multiple agencies. West Tennessee and more specifically, Humboldt, is a safer place to live, work, and raise our families as a result of the hard work and dedication put into this case by my agents and our partners.”

The drug operation evidence might suggest a person was living a Jason Bourne-like life with dozens of identities.

Officers scoured the area and found 376 vials of steroid oils, 21 pounds of various steroid powders, 3.6 gallons of steroid oil, 9,180 steroid pills, 70 forged driver’s license cards from four states—all with the same photo of a person—and 43.5 pounds of psilocybin, 40 pounds of cannabis in multiple forms, 29 weapons, $153,421 in cash, a still to make moonshine, drug “paraphernalia,” and a digital and paper trail.

All have been charged with various criminal offenses, including: possession with intent to sell/deliver and/or manufacturing of Schedule I, III, and VI controlled substances, possession of a firearm during the commission of a dangerous felony, possession of drug paraphernalia, identity theft trafficking, maintaining a drug location, and felony drug paraphernalia.

“We want to thank Director Carter and our West Tennessee Drug Task Force team for their work on this investigation,” said Frederick Agee, District Attorney General for the 28th Judicial District. “This continues to be an ongoing investigation that involves not only local and state agencies but also federal agencies. Our office will seek accountability and justice, which is our goal in every case we prosecute.”

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While medical and adult-use cannabis remain illegal in Tennessee, it’s pretty easy to find hemp-derived delta-8 THC products that are marketed as psychoactive including vape carts and dabs. But a new bill will regulate delta-8 THC products for adults 21 and over with testing and tax requirements.

State House Majority Leader William Lamberth (R-Portland) and Sen. Richard Briggs, (R-Knoxville) introduced a bill on Jan. 25 to regulate products containing hemp-derived cannabinoids, such as delta-8 and delta-10 THC, the second time such a bill was introduced.

Gov. Bill Lee (R-Tennessee) signed the bill to regulate delta-8 THC products in a similar manner to cannabis products. Senate Bill 0378 and its companion bill in the lower chamber House Bill 0403 will implement a tax and regulate cannabinoids derived from hemp via what some describe as synthetic processes. 

The bill will ensure that delta-8 THC products and other hemp-derived products are inspected by the Department of Agriculture.

While in the wild, cannabis has trace levels of delta-8 THC, in order to get high from the compound, “high levels of delta-8 THC are produced artificially by chemically converting CBD or delta-9 THC through a process known as isomerization,” NORML’s Dale Gieringer explains. 

Often the concern is potentially dangerous residuals that could be avoided if the products are regulated in a similar manner as products made with cannabis-derived cannabinoids.

“Delta-8’s been completely unregulated up to this point, and what the bill is trying to do is trying to assure the public and the consumer that the product they’re buying is what it says it is, that it doesn’t have contaminants,” Sen. Briggs said. “We’re not going to sell it to people under 21 years of age.”

“We started off to where we have one side that says, ‘Let’s do nothing.’ You have the other side that says to ban it,” Sen. Briggs said. “By working together, we were able to meet in the middle.”

Brigg’s co-sponsor simply wanted delta-8 THC products to be out of reach for minors.

“Delta-8 is a legal substance that can be sold and packaged in the form of candy or gummies; it often has a very high concentration of THC,” Rep. Lamberth stated. “There are no regulations and no legitimate way for anyone to know exactly what they are buying. Nothing in our current law prohibits a child from purchasing delta-8.”

New Rules for Hemp-Derived Cannabinoids in Tennessee

The bill will ban the sale of hemp-derived cannabinoid products to people under the age of 21; add a 5% additional sales tax to any product sold at a store; and create a licensing, quality testing, regulatory, and enforcement process through the Tennessee Department of Agriculture.

The bill will establish regulations to ensure inspection and packaging requirements. Companies will be subject to testing from a third-party lab and be required to put their product in child-resistant packaging.

“Basic food-grade things,” Devin Aracena, co-founder and CEO of CANVAST Supply Co., told WKRN. “The same standard you would want to see your packaged food in a grocery store be held to, we’re going to hold these products to it, as well.”

Some hemp sellers in the state support the new law.

Aracena joined forces with Cultivate Tennessee, a coalition of cannabis and hemp-promoting businesses and professionals, to help draft the legislation.

Tennessee House Rep. G.A. Hardaway is a sponsor of the bill on the House side, and told ABC 24 that this is what hemp companies need to do if they want to be taken seriously.

“This gives us a chance to take a serious approach to hemp and CBD oil, and in doing so, to kind of get our foot in the door to start a real discussion—[an] intelligent discussion—about marijuana,” Hardaway said.

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On March 16, the Tennessee Democratic Caucus demanded that five children taken during a traffic stop by law enforcement be returned to their parents immediately.

On February 16, a traffic stop conducted by Tennessee Highway Patrol (THP) pulled over Deonte Williams, Bianca Clayborne, and their five children (a four-month-old infant, and kids ages two, three, five and seven), who were all traveling to a funeral. While the stop was originally due to the vehicle having a “dark tint and traveling in the left lane while not actively passing,” five grams of cannabis were found in Williams’s possession.

Williams was arrested, and Clayborne was cited but not arrested. She was told by THP that she could follow a patrol car back to the Coffee County Justice Center to bail Williams out. Six hours after the traffic stop occurred, Clayborne waited with her five children on a bench inside the criminal justice center, until her kids “were forcibly removed from her side while an officer restrained her from reaching for her crying baby,” she told Tennessee Lookout. During the time she was waiting, the Department of Children’s Service (DCS) obtained an emergency court order to take custody of the kids while she waited for Williams.

According to the DCS petition obtained by Tennessee Lookout, the DCS believed that the children were neglected, and that there was no “less drastic” alternative than taking the kids away.

“It’s just so shocking to the conscience that in 2023 this is happening,” said one of the couple’s attorneys, Jamaal Boykin. “I just have to believe if my clients looked different or had a different background, they would have just been given a citation and told you just keep this stuff away from the kids while you’re in this state and they’d be on their way.”

It’s been over a month since the incident, and the children still have not been returned to the family. Clayborne is currently breastfeeding her youngest child and has seen a drastic reduction in milk supply in the absence of her baby. She’s also suffered from lack of sleep and a panic attack.

The events of this incident have reached state legislators who are now also speaking up about the injustice.

Sen. London Lamar referred to the events as “ridiculous” and “overuse of power.” “DCS, Coffee County, y’all need to do the right thing before the situation gets worse, and we have a nation of people coming to the rescue of this Black family,” Lamar said. “Give them their children back. It’s borderline discrimination, because if this was any other family, as their attorney said, we don’t even think this would be the outcome.”

Sen. Raumesh Akbari also spoke out about keeping families together. “It is outrageous that the state forcefully separated Bianca Clayborne, a breastfeeding mother, and Deonte Williams from their kids and have allowed this to continue for nearly a month,” Akbari said. “The state exercised extreme and flawed judgment in taking their children and it seems they’ve doubled down on this poor decision. No family is perfect, but an imperfection, like a simple marijuana charge, is no excuse for tearing a family apart. The state is supposed to support reunification. If they don’t have a better reason, they must immediately return these five children to their parents.”

When Tennessee Lookout reached out to DCS for a statement, they did not respond for comment. Reaching out to the THP for a request of the traffic stop officers was denied because of an ongoing investigation.

An instant hair follicle test on both Williams and Clayborne was conducted at their first court appearance, which occurred one week after the children were taken by DCS. Tennessee Lookout spoke with an unnamed Coffee County administrator, who explained that in general, hair follicle tests are “inadmissible” in court because they can potentially result in false positives.

“This is even more reprehensible when the drug test used to justify keeping these children in foster care is known to be ‘inadmissible’ by the county’s own court administrator,” said the couple’s other attorney, Courtney Teasley.

Teasley shared on Twitter how concerned citizens can help. “We’ve received many requests of ppl wanting to help disrupt with their dollars. If you would like to support #DisruptManchester Here is the link to donate: http://Donorbox.org/disruptmanchestmanchester… Thank you all for helping disrupt a system of oppression!” Teasley wrote on Twitter on March 18.

On March 20, Teasley invited all concerned citizens who want to help bring attention to the issue to court watch the ongoing case, and attend a press conference in front of the courthouse in Manchester, Tennessee.

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Tennessee leaders are again putting forth a bill that would regulate hemp-derived cannabinoids like delta-8 and delta-10 THC, after a previous attempt failed last year. Some hemp advocates applauded the bill, while others would rather simply legalize cannabis, naturally rich in delta-9 THC.

State House Majority Leader William Lamberth (R-Portland) and Sen. Richard Briggs, (R-Knoxville) introduced a bill on Tuesday to regulate products containing hemp-derived cannabinoids, such as delta-8 and delta-10 THC—his second attempt to do so.

House Bill 403 would tax and regulate cannabinoids derived from hemp via what some describe as synthetic processes. Typically products with delta-8 THC are marketed as being somewhat psychoactive, with effects weaker but similar to delta-9 THC.

“Delta-8 is a legal substance that can be sold and packaged in the form of candy or gummies; it often has a very high concentration of THC,” Rep. Lamberth stated. “There are no regulations and no legitimate way for anyone to know exactly what they are buying. Nothing in our current law prohibits a child from purchasing delta-8.”

The bill would ban the sale of hemp-derived cannabinoid products to people under the age of 21; adds a 5% additional sales tax to any product sold at a store; and create a licensing, quality testing, regulatory and enforcement process through the Tennessee Department of Agriculture.

“We need to regulate this because the horse is out of the barn,” Sen. Briggs said. “This stuff is everywhere, and we can’t put that genie back in the bottle.”

What is Delta-8 THC?

The idea is that hemp-derived CBD can be converted to other compounds, frequently being marketed as psychoactive. This doesn’t mesh with the general U.S. definition of hemp, bred specifically to not be psychoactive.

Delta-8 THC occurs naturally, but only in trace amounts: According to Chemical & Engineering News, cannabis plants naturally contain just 0.1% delta-8 THC or less—though some plants contain as much as 1%. Jeffrey Raber, cofounder and CEO of the Werc Shop told C&E News that there isn’t enough delta-8 THC found naturally in hemp to be economical for extraction.

But hemp growers in the state are supportive of the bill despite some suspicion about emerging hemp-derived cannabinoids. “We support anything that doesn’t put burdensome regulations on the industry,” Kelley Hess, executive director of the Tennessee Growers Coalition, said.

While hemp growers may support delta-8 products, others do not.

Artists such as Margo Price support legalization, but don’t support hemp-derived cannabinoid products in Tennessee. Opponents don’t like the way certain cannabinoids are extracted from hemp, which usually means altering the CBD molecule, which is found in hemp in larger amounts, using natural solvents and acids.

Attempt to Regulate Delta-8 Last Year

While some states moved to restrict hemp-derived cannabinoids, such as Utah, Tennessee would be taking a much different approach by regulating it instead.

Rep. Lamberth sponsored an earlier attempt to regulate delta-8 THC and similar compounds. Some Tennessee lawmakers and the Tennessee Bureau of Investigation said that by regulating delta-8, the state would be legitimizing the industry. 

House Bill 1927, which was introduced previously, would regulate delta-8 by making it illegal in most cases outside trace-level concentrations. The bill was amended in April 2022 to be more specific to include other hemp-derived THCs such as delta-9 and 10 and the derivative hexahydrocannabinol (HHC), but exclude non-THC hemp cannabinoids such as CBD.

Tennessee is one of 11 non-green states that hasn’t legalized, regulated, or decriminalized cannabis in some form. 

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A pair of Democratic state lawmakers in Tennessee this week introduced a bill to legalize both medical marijuana and adult-use cannabis in the state. The bill, known as the “Free All Cannabis for Tennesseans Act” (HB0085), was introduced in the House by Representative Bob Freeman—supported by fellow Democrat Senator Heidi Campbell—on Tuesday.

“This bill will support medical and recreational cannabis use because many other states already have recreational use,” Campbell said in a statement quoted by local media.

Bill Legalizes Possession Of Up To 60 Grams Of Weed

If passed, the bill would legalize the possession, use, and transportation of up to 60 grams of marijuana or up to 15 grams of cannabis concentrates for adults aged 21 and older. The measure also legalizes the home cultivation of up to 12 cannabis plants by adults in a secure location at home. Under the bill, parents and legal guardians would also be permitted to administer medical cannabis products to their minor children with a doctor’s authorization.

“It’s a full legalization of cannabis across the state,” Freeman noted in a statement last month.

The bill also legalizes commercial cannabis activity and tasks the Tennessee Department of Agriculture with drafting regulations to govern the cultivation, processing, and sale of cannabis and cannabis products in the state. The measure notes that more than three dozen states have legalized marijuana in some form and that Tennessee should follow suit “in order to remain competitive nationally and globally in the burgeoning cannabis industry.” The lawmakers also note that legal cannabis is readily available in five states that border Tennessee.

“If people can drive across the border to Indiana to get cannabis, then it doesn’t make any sense that we in Tennessee would be missing out on that economic advantage,” Campbell said.

Tennessee Still Prohibits All Marijuana

Tennessee is one of the few states that have yet to pass legislation to legalize marijuana, even for medicinal use. Freeman said that legalizing recreational marijuana would put an end to the disproportionate enforcement of laws that prohibit the possession and use of cannabis.

“If you live in a wealthy part of the state and a wealthy community in our city, and you get picked up using some cannabis for personal consumption, the odds of you getting a slap on the wrist and nothing happening is pretty high,” he said last month. If you live in a poorer neighborhood and you get picked up with cannabis, you’re going to jail.”

Legal Pot Available In Neighboring States

Three states bordering Tennessee—Arkansas, Mississippi, and Alabama—have legalized medical marijuana, while neighboring Missouri and Virginia have legalized both medical marijuana and adult-use cannabis. Proponents of legalization argue that Tennessee is missing out on tax revenue from the money residents spend on cannabis in neighboring states.

“Let’s not delude ourselves that people aren’t crossing the border and getting cannabis from other states. Of course they are,” Campbell said. “So, that’s just income we’re missing out on.”

Tennessee Democrats Support Legalization

Freeman and Campbell’s proposal is supported by fellow Democratic lawmakers in the Tennessee legislature. House Democratic Caucus Chairman John Ray Clemmons praised the bill last month after they announced their plan to introduce the legislation.

“The legalization of cannabis in Tennessee is long overdue. For too long, much of the TN GOP has stood in the way,” Clemmons wrote in a tweet. “Let’s do this in 2023!”

Previous attempts to legalize marijuana in Tennessee have met stiff opposition from Republican lawmakers, who enjoy a solid majority in both the state Senate and the House of Representatives. Republican state Senator Richard Briggs said that he opposes both medical marijuana and adult-use cannabis, noting the federal law has already made CBD legal nationwide.

“I’m not in favor at all of recreational marijuana and I have a lot of concerns about medical marijuana until we know more about it,” Briggs said. “I don’t think that it should be generally available. And at least at this point until something changes.”

Despite Republican opposition, Freeman rates the chance that the Tennessee legislature will legalize marijuana this year as “a solid 7, 7.5,” on a scale of one to 10. But Campbell expressed far less optimism.

“Pretty low—I won’t give you a number,” she said, “but I have no delusions we’re going to pass it this session.”

But Campbell added that introducing the legislation is still important to keep the conversation about cannabis policy reform moving forward.

“We ran it last session, and I think it’s important to run it so that we keep the issue alive, we keep the messaging going,” she said. “Obviously, at some point, that’s going to happen, so we’re just going to keep knocking on that door until somebody opens it.”

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Tennessee’s first bar and restaurant to serve THC opened today in the Germantown neighborhood located in Nashville. The restaurant gets away with it as the THC in the products is derived from hemp, making it legal at the federal level, according to the company.

Buds & Brews is the state’s first brick-and-mortar THC-friendly bar and restaurant located at 1246 3rd Avenue in Nashville. “Buds and Brews features a menu of upscale bar fare paired with our own line of delicious cannabis-infused sauces,” the website reads.

In other words, the restaurant and bar will serve all-American type dishes, but also provide over 25 THC-infused condiments for common dressings like ketchup, honey mustard, ranch dressing, steak sauce, but infused with hemp-derived THC in 1-5 mg servings.

The restaurant will also feature recently released Cannabis-Infused Beverage Coolers and sauces that contain hemp-derived THC. WKRN reports that you can choose things like “Smokey Margarita” or “Bloody Maryjane.”

While cannabis will be at the bar to consume, the products are divided into individual pouches and jars.

The coolers come in pouches in the following flavors: GrapeApe, LemonHaze, and Sweet Tea OG Kush. The sauces, on the other hand, are made with locally grown and extracted hemp-derived THC. Each sauce contains 5 mg of THC in each jar.

Restaurant patrons can choose from 28 sauces with locally grown and extracted hemp-derived THC. The culinary sauce line includes ingredients such as olive oil or the company’s own specialty barbeque sauce.

Mike Solomon is part owner of Buds & Brews, along with part owner Dalton Crow, and discussed what patrons can expect with local media.

“You can get chicken tenders and then you can order some THC ranch,” Solomon told WKRN. “What is infused is the condiments. We have the 25 most common used condiments from ketchup, honey mustard, ranch dressing, steak sauce.”

In addition, all products are made in Tennessee by Craft Cannabis products.

“Everything is 1 to 5 milligrams a serving, which is very small so you can try a bunch of things,” Solomon said. “A rookie, a novice or an experienced cannabis person can have a fun time here portion controlled micro-dosing.”

“I’m excited to make my footprint and teamed up with some great guys to do it,” said Dalton Crow. “We want to appeal to everyone. We want everyone to try and come give us a shot and try us out.”

For now in Tennessee, only hemp-derived THC can be served at establishments like Buds & Brews. An adult-use bill in the state recently failed to gain ground. The bill, called the “Free All Cannabis for Tennesseans Act,” is effectively dead after its sponsor, state House Representative Bob Freeman, pulled the legislation from the floor.

The Free All Cannabis for Tennesseans Act would have authorized the possession of cannabis and concentrates for adults who are 21 years of age or older and “transfer of marijuana or marijuana concentrate between adults, in permitted amounts, without remuneration,” and the “cultivation of up to 12 marijuana plants for adults.”

It also would have opened up medical cannabis options for minors under the age of 18 by authorizing “a parent, guardian, or conservator to administer a marijuana product, excluding any combustible product, to a minor, over whom the parent, guardian, or conservator has legal authority.”

Until then, fun establishments like Buds & Brews have figured out how to operate within the boundaries of the law.

Buds & Brews will hold an official grand opening on August 20.

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