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Is Delta 10 Legal in Tennessee? (Updated for 2024)

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Disclaimer: The information in this article regarding Delta-10 THC is drawn from comprehensive research. We have made every effort to share the most accurate information available at the time of writing. Remember, the legal status of cannabinoids varies by jurisdiction and can change status over time. The reader is advised to check the legal status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.


If, like me, you’re a proud resident of the great state of Tennessee, chances are you don’t know much about the state and federal laws regulating different cannabinoids derived from hemp.

Also known as Delta-10 THC, it is manufactured from CBD derived from the flowering plant known as hemp. It doesn’t have the same degree of intoxicating powers as Delta-9 but it can still get you high, especially when it’s consumed in large doses.

That said, it is still a question for many of our readers – is Delta-10 legal in Tennessee? When it comes to whether Delta 10 is legal in Tennessee, there are some main considerations about the state as a whole, as well as associated legislation. Of course, there is also the issue of what the federal government has to say about it specifically.

Key Takeaways

  • Delta-10 THC is legal under federal law as long as it’s manufactured from hemp with less than 0.3 per cent Delta-9 THC.
  • Tennessee Delta-10 THC law aligns with federal law regarding Delta-10 THC.
  • In 2023, Tennessee passed a law (SB 0378) that prohibits the sale of ‘hemp cannabinoids’ to those under 21 and the distribution of samples in public areas.
  • Under Tennessee law, Delta-10 THC is not a controlled substance, hence there is no possession ceiling for it.

    Delta 10 and Federal Law

    Delta-10 THC is one of the hundreds of cannabinoids present in cannabis and hemp. It is a low-strength psychoactive component, weaker than the more well-known Delta-9 THC.

    Delta 10 was legalized by the US Congress in 2018 with passage of the Farm Bill, a key law that grants legality to all cannabinoids ‘derived from hemp’ with less than 0.3 percent of the cannabinoid Delta-9 THC. Since Delta 10 isn’t explicitly mentioned, some might argue that its legality is unclear at the federal level. In reality, Delta-10 THC derived from any hemp, CBD or otherwise, is almost surely all legal under the Farm Bill at the federal level.

    The Farm Bill defines 'hemp' as:

    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.

    The Farm Bill did not specify exactly what THC is, meaning that forms of THC besides Delta-9 THC are technically legal by default – and so, by an unintended legal grey area, Delta-10 THC is legal to sell.

    Tennessee Delta 10 Laws

    Tennessee generally adopts a federal-centered approach on hemp-derived products, with state legislation echoing many aspects of federal law. Currently, hemp and hemp-derived products are legal in Tennessee according to state law, provided they meet the below 0.3 percent Delta-9 THC threshold per US federal law. The legality of Delta 10 is unclear based on the silence of the state’s body of laws.

    Like many other states, Tennessee follows the 2018 Farm Bill by essentially legalizing cannabinoids extracted from industrial hemp with less than 0.3 percent Delta-9 THC.

    On this count, Tennessee’s Senate Bill 2495/House Bill 2445 – which reclassifies any cannabis containing less than 0.3 per cent THC as an industrial crop and not a controlled substance – represents the pinnacle of hemp legalization.

    A second piece of legislation, signed into law in 2016 (HB 2032), authorizes the licensing of industrial hemp cultivation and specifies a procedure for licensure of persons interested in processing or propagating industrial hemp within the state.

    Moreover, in 2023, following the passage of SB 378, the legislature of Tennessee acknowledged and allowed hemp and hemp-derived products to be sold in public, but made it ‘illegal for a person to sell hemp cannabinoids to a person who is under the age of 21’. They also made it explicitly ‘illegal for a person to distribute or offer samples of a hemp cannabinoid on a public street, sidewalk, or public park’.

    Is Delta 10 a Controlled Substance in Tennessee?

    At this time, there are no laws stating that Delta 10 is a controlled substance in Tennessee, as long as it comes from hemp with less than 0.3% Delta 9 THC, which is the federal definition of legal hemp products. While everything stated here is accurate at this time, cannabis laws are always changing, and some cannabinoids, like Delta 10, could be recategorized in the future.

    Here's more on the legal status of Delta 10 in Tennessee.

    Delta 10 Possession Limits in Tennessee

    As Delta-10 THC is not a controlled substance in Tennessee, there are no possession limits… you can buy ‘as much as [you] want!’ However, we suggest using Delta 10 products with extreme caution.

    Although technically non-psychoactive, taken in large enough quantities it could produce a high. Start with lower dosages if consuming psychoactive cannabinoids to avoid adverse effects.

    So long as the product comes in under the federal legal threshold of Delta-9 THC, it is legal. Of course, that doesn’t mean consumers can bury their heads in the nearest wheat field. They need to be aware of local ‘possession limits’ and any relevant legislation changes to possession limits in state laws.

    As of this article’s publication date, Delta 10 is legal in Tennessee if it’s derived from hemp (or hemp-derived CBD) with a Delta-9 THC content of no more than 0.3 percent. Another way to spot would-be legal Delta 10 is by checking the product's certificate of analysis (CoA) is to ensure that it has only 0.3 percent or less THC.

    The CoA tells you about the product's chemical, microbiological, and toxicological makeup, as well as the potency, or THC level. Of course, posting CoAs of a product indicates that a company is transparent and can be trusted. Therefore, this is a big one to look for on the sites of brands selling hemp.

    THC isomers (such as Delta 10) can also get someone high as a kite and will still show up on a drug test if ingested. Free advice: steer clear from them if your work requires periodic drug testing.

    Lastly, although it is currently in the grey zone of cannabis legality, Delta 10 is legal in Tennessee. In an era of radical changes in cannabis law and profound success in the markets for so-called ‘alternative’ cannabis products, we have no idea where the market for Delta 10, a molecule straddling the old hemp-legal zone and the exhilarating new THC-legal zone, will go. For now, Delta 10 THC should be legal for consumers to buy in Tennessee.

    Where to Buy Delta 10 Online

    Are you a resident of the Volunteer State looking for more information on Delta-10 THC? Wondering if Delta-10 THC is legal in Tennessee? Fantastic! You just found the source for all your Delta-10 THC questions!

    Botany Farms carries a vast stock of our extremely popular, legal, low-THC Delta-10 products to residents across Tennessee. We’re confident you’ll love our products as much as our customers already do! All of our products are 100% hemp-derived, and contain less than the federally mandated allowance of 0.3% Delta-9 THC, ensuring a legal, fun experience for all!

    Try our Delta-10 THC Pineapple Gummies or lift your mood with our Pineapple Haze Vape Cartridge. Get mango at will with our Mango Gummies. No possession limits. Never illegal. Shop now from Botany Farms’ DELTA-10 Collection and find the perfect product for you! Choose quality and safety with our products.

    References:

    • https://www.usda.gov/farmbill
    • http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=%20SB2495&GA=108
    • https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0378

    This article was last updated in April 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis bill across the state and federal levels in the US, the information herein may become outdated at any time.

    Additionally, this article is NOT intended to be legal advice. Botany Farms does NOT provide any legal advice; neither does any individual nor entity associated with Botany Farms. Please consult official state government websites for current information regarding cannabis laws for your state.

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