Is Delta-8 legal in TN?

Hemp-derived Delta-8 THC is legal in Tennessee according to the Farm Bill and Tennessee state law.

Could the legal status of Delta-8 THC products change? That would be a shame because the state has produced hemp since 1840! Keep reading for more info. Click here to order premium Delta-8 from Earthy Select!

What is Delta-8?

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid. That just means it is one of the many substances that comes from the cannabis plant. When cannabinoids are consumed, they interact with and have an effect on the human endocannabinoid system (ECS).

The ECS uses the cannabinoids as neuromodulators that work with the cannabinoid receptors throughout the human body. ​​Scientists are still actively studying the ECS, but researchers already link it to things like regulating physiological and cognitive processes, pain-sensation and much more [1].

Delta-8 is a very popular THC product used for therapeutic and personal enjoyment. It is similar to Delta-9 THC which we’ll look at next. Most states including Tennessee have been onboard with Delta-8 and its benefits. Since Tennessee has not been able to legalize or extensively decriminalize marijuana, Delta-8 can be a great alternative for those looking to benefit from the cannabis plant.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in the cannabis plant, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. It is the main substance to cause psychoactive effects in cannabis.

Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America?

What does “hemp-derived” mean?

Something that is hemp-derived is made from hemp, or industrial hemp. It is a botanical class of Cannabis sativa cultivars grown specifically for industrial or medicinal use [3]. Because of its relation to marijuana, coming from the same cannabis plant, hemp has faced uneven legality in the U.S. and other countries.

The 2014 and 2018 Farm Bills (see next section) established new legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be legally used for production, sales, transport, and use.

Hemp and hemp derivatives include many cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in inhalable, edible, and topical products.

Doesn’t the Farm Bill make Delta-8 THC legal everywhere?

For many years in the U.S., cannabis was illegal, according to federal law, whether or not it contained THC, its main psychoactive chemical that occurs naturally in the plant. In the 2010s, the United States Congress enacted two groundbreaking pieces of legislation, called “Agricultural Acts” and commonly known as the Farm Bills.

The 2014 Farm Bill removed hemp from the list of Schedule 1 substances, and was the seed of hemp’s recent resurgence. The Bill allowed long-forbidden research into hemp-derived cannabinoids to begin in earnest.

The 2018 Farm Bill expanded on this, allowing people to produce, sell, and consume hemp-derived products, making it clear to legal experts that all other plant materials and substances derived from legally-defined hemp are also federally-compliant [4].

The legislation defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and federal law still treats it as a controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.

The Farm Bill defines hemp as:

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp.

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products and cannabinoids. That’s the case in Tennessee too, which rekindled a vigorous hemp program following the Farm Bill’s changes.

To learn about states near Tennessee, check out Is Delta-8 Legal in Kentucky?, Is Delta-8 Legal in North Carolina?, and Is Delta-8 Legal in Arkansas?

For all 50 states, read Is Delta-8 THC Legal in Your State?

How do you buy high quality Delta-8 THC in Tennessee?

Finding great Delta-8 in Tennessee isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and strong product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products.

The methods and standards used to produce Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

Producers should only use third-party lab testing and publish the CoA results where buyers can access them. This transparency promotes trust and reliability between producers, wholesalers, retailers and purchasers.

Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including rich and potent Delta-8 and Delta-10 Oils which are non-GMO, gluten free and vegan!

Where exactly is Delta-8 THC legal?

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight.

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines.

States still have the ability to limit Delta-8 or other cannabinoids within their own borders. It’s confusing for Americans but is the current situation. To learn about all 50 states, read Is Delta-8 THC Legal in Your State?

Where can I buy Delta-8 THC in Tennessee?

In Tennessee Delta-8 someone can usually get Delta-8 in any CBD store from Memphis to Johnson City. You may prefer to use the convenient privacy of Earthy Select’s direct mail order service! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide from our home in Asheville 🙂 .

Delta-8 THC and the law in Tennessee

Hemp-derived Delta-8 THC is legal in Tennessee. Tennessee has an interesting history with hemp and CBD derived goods. It documents production back to at least 1840, and along with Illinois and Missouri, Tennessee produced most of the hemp in the U.S until the late 1800s [5].

In 2015 Tennessee passed HB 197, allowing individuals to use cannabis oil with less than 0.9 percent THC to treat seizures and epilepsy in some circumstances. However, there was no mechanism for purchasing the oil in Tennessee, and users had to be able to prove they legally obtained the oil outside of the state [6].

In 2016, SB 2125 made further amendments to industrial hemp’s definition by specifying it as the cannabis plant with less than 0.6% THC. The bill excluded cannabis oil with less than 0.3% from the definition of marijuana. The bill also excluded the necessary plants, seeds, and other derivatives needed to produce such oil from marijuana’s definition.

Soon after in 2016, state legislators replaced SB2125 with HB 2144, which again redefined cannabis oil to exclude it from being defined as marijuana if it has less than 0.6% THC.

Tennessee passed HB 357 in 2019, which adopted the Farm Bill definition of hemp having less than .3% THC and removed it from controlled substance schedules. It enacted and revised certain licensing requirements for producers as well.

There have been efforts toward decriminalization. In 2016 Nashville and Memphis succeeded in this effort but were thwarted by state level appeals [4]. However, the state capital Nashville again partially decriminalized possession in 2020, with the district attorney dropping charges for less than 14 grams [7].

What’s next for Tennessee’s hemp and Delta-8 laws?

Tennessee lawmakers proposed 2 new pieces of legislation early in 2022—bills aiming at different goals.

SB 1690 would require people to be 21 or older to sell, purchase or possess intoxicating cannabinoids. It would further require licensure for retailers and wholesalers of those cannabinoids, and would levy a tax on wholesale hemp derived cannabinoids. All factors could add structure to the industry and create revenue for the state.

The reactionary HB 1927 would redefine marijuana to include hemp with more than .3% total THC. This could potentially limit Delta-8 in Tennessee [8]. The state’s manufacturers are watching this closely.

Is there medical marijuana or recreational marijuana in Tennessee?

No, Tennessee lawmakers prohibit businesses from selling, and people from possessing marijuana in all forms, ie. smokeables, edibles, etc. Only hemp plants and hemp products like CBD products or Delta-8 THC are available to consumers.

Closing thoughts on Delta-8 in Tennessee

Tennesseans love Delta-8 THC! For a wide selection, ordering from Earthy Select is the way to go. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide!

---

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

1. 1. Wikipedia: Endocannabinoid System
   2. Delta-8 and Delta-9: Oral and Intravenous Comparison
   3. Wikipedia: Hemp
   4. HIA Position Statement on Delta-8 and Hemp Cannabinoids
   5. TN.gov: Hemp Industry History
   6. Wikipedia: Cannabis in Tennessee
   7. Nashville Passes Marijuana Decriminalization Measure
   8. Tennessee Lawmakers take up bill to make most Delta-8 THC Illegal

Frequently Asked Questions