Tennessee Cannabis Regulations

What is the state of cannabis in our state?

Tennessee cannabis and Tennessee cannabis regulations are in the dark ages. We currently cannot vote on a law in Tennessee, which is why it is not currently legal here. Research has shown that Tennesseans are generally in favor of cannabis, especially medical cannabis. Fox Nashville just conducted a small poll on their social media page and found that almost 90% of Tennesseans are for the Free All Cannabis for Tennesseans Act. This was introduced last year, along with many bills that have been introduced yearly for many years in Tennessee. However, they have yet to vote on any bill that was introduced.

A Vanderbilt University poll, all the way back in 2014, found that 44% of Tennesseans wanted to see medical cannabis legal, while 32% felt recreational cannabis should be legal. Yet here we are in 2024 and the Department of Agriculture is trying to ban all cannabis flower in Tennessee. Why? Because they don’t want to try to enforce the rules outlined in our current legislation, SB0378.

@FOXNashville

POLL: Should marijuana be legalized in Tennessee? The “Free All Cannabis for Tennesseans Act” would make it a reality. Story: bit.ly/3IyQXmF

YES

89.6%

8.1%

UNDECIDED

2.3%

4,931 votesFinal results

2023-2024 Tennessee Cannabis Regulations

SB0378 was passed in June 2023. It set forth some regulations for Tennessee Cannabis. It regulates the sale of cannabis products to those 21 and up to become effective immediately. The bill also restricts products in shapes and/or packaging attractive to children immediately. It also adds a 5% tax to the sale of cannabinoid products, payable to the Tennessee Department of Revenue. Most importantly, all cannabis retailers must obtain a license. Manufacturers must obtain a $500 license, while retailers must obtain a $250 license by January 1st, 2024, per location. It is a yearly license.

This bill authorizes the Department of Agriculture to do two things. They are to determine additional requirements for and issue licenses for the production of hemp in Tennessee and the manufacture or sale of products containing a hemp-derived cannabinoid in this state and deny or revoke licenses. Also, they are to issue civil penalties of up to $1,000 for a violation of this bill or rules promulgated under this bill, in addition to the criminal prosecution authorized by this bill.

This is where the issue comes into play. At this date, cannabis products are being sold all over Tennessee in every gas station, smoke shop, and CBD shop. This is going to make it extremely difficult for them to find and license all of these shops. It will be time-intensive.

By June 2024, there will be a few more rules instituted. There will be batch testing requirements. Each new batch of a new product must be tested, just like in dispensaries across the country. Also, there are some labeling changes. Each serving of an edible must be 25mg or less. In other words, our 125mg brownie will be 5 servings starting in June 2024.

Tennessee Cannabis regulations

What’s next in Tennessee?

On February 6th, there will be a hearing at the TDA in Nashville. They are trying to ban all cannabis flower in Tennessee, including CBD flower. It would put a total THC cap at 1%. Cultivate Tennessee is an excellent source of information. Also, if you want to get involved, they have retained legal assistance if a case will need to be brought against Tennesee.

In my humble opinion, this should have been done years ago. When cannabis can be voted on, it passes. Historically, only 3 cannabis laws have not passed in voting, out of hundreds. Americans want to see cannabis legal. The reason it is not legal has absolutely nothing to do with keeping people safe. People are dying out there without cannabinoids. Pharmaceutical companies, tobacco companies, textile companies, and more are all at risk if cannabis becomes federally legal. This is not about your health, it’s about their pocketbooks. So get mad and get involved!

What can I do?

Contacts

Call any of the following people or email them.

Annie Balghiti Commissioner for Consumer and Industry Services annie.balghiti@tn.gov

(615) 253-5828

Danny Sutton Asst. Commissioner for Consumer and Industry Services danny.sutton@tn.gov

615-837-5534

Dr. Charlie Hatcher Commissioner charlie.hatcher@tn.gov

615-837-5100

Jay Miller General Counsel jay.miller@tn.gov

615-837-5341

Also, find your legislator, here, and contact them as well.

Sample Letter

Here’s a sample letter:

Dear Department of Agriculture,

I am writing to express my deep concern and disappointment regarding the recent actions taken by the Department of Agriculture to ban hemp flower, vapes, and concentrates through the rule-making process. The decision to twist the intent and plain language of the bill, passed in the 2023 legislative session is both outrageous and detrimental to the hemp industry.

The collaboration between legislators and the Tennessee Growers Coalition (TGC) during the 2023 legislative session resulted in a well-thought-out regulatory framework for the hemp industry, particularly focusing on hemp-derived THC. The intention was clear – to protect consumers, with special attention to the safety of children. The measures included common-sense product safety testing, 21+ age requirements for intoxicating products, and a sales tax designed to fund the enforcement of the program.

However, the Department of Agriculture’s decision to ban hemp flower, several vapes, and concentrate products by exploiting a single line in the bill goes against the collaborative efforts and the spirit of the legislation. This decision not only disregards the carefully crafted program for selling hemp-derived cannabinoids including THCA but also imposes burdensome requirements on businesses, seemingly with the intent to shut down the entire hemp industry.

As a concerned citizen, I urge the Department of Agriculture to reconsider and rectify this situation immediately. The hemp industry plays a crucial role in our state’s economy, providing jobs, supporting local businesses, and contributing to the overall well-being of our community. This industry has brought in $3.6 million from July – November 2023 in tax revenue. I am requesting that the Department of Agriculture revisit the regulations and ensure that they align with the original intent of the legislation. Any amendments or rule changes must be made transparently and in consultation with stakeholders from the hemp industry, ensuring a fair and balanced approach that supports responsible businesses. I appreciate your attention to this matter and trust that, as public servants, you will take the necessary steps to protect the interests of both the hemp industry and the citizens of Tennessee.

I might add, as a responsible small business owner who is extremely concerned about the safety and efficacy of products being introduced into Tennessee lives, we are the ones who will make sure safe products get to all Tennesseans. If you encourage this bill, you will encourage black market business that is dangerous AND hurt small business owners like myself. The bill clearly allows THC-A. The lawmakers saw fit to add it.