Is Delta-8 THC Legal in Tennessee (Updated for 2024)

The legal status of many of the cannabinoids in the United States of America is constantly changing, but with the signing into law of the 2018 Farm Bill in the US, all hemp-derived cannabinoids with acceptable THC levels (0.3 per cent or less) are now legal – including Delta-8 THC.

On whether Delta 8 is legal in Tennessee or not, there’s been a lot of mystification swirling around.

Let’s address some of the questions we’ve been hearing here at the shop: Is Delta 8 legal in Tennessee? What’s the legal status of hemp under federal and TN state law? What are the limits on how much Delta 8 THC you can have in your possession? Where can you legally purchase hemp flower in Tennessee?

Key Takeaways:

• Delta 8 THC is a cannabinoid found in cannabis plants, known for producing psychoactive effects similar to Delta-9 THC but generally less potent.
• The legality of Delta 8 THC under federal law is ambiguous, largely due to interpretations of the 2018 Farm Bill.
• Tennessee law has specific provisions regarding Delta 8, making its legal status distinct from federal regulations.
• Consumers in Tennessee should be aware of possession limits and the legal nuances of Delta 8 to ensure compliance with state law.
• Delta 8 products can be legally purchased in Tennessee, with online retailers like Botany Farms offering a range of products.

Delta 8 THC's Legality in Tennessee (as of 2024)

Delta 8 THC is legal in Tennessee as of 2024. Tennessee also follows federal rules that say hemp-derived cannabinoids are legal provided they aren’t more than 0.3% Delta-9 THC.

According to state regulations passed on April 6, 2022, retailers must confirm purchasers are at least 21 before selling them cannabinoid products. In June 2021, amendments to the Division of Regulatory Boards law and the Tennessee Department of Agriculture’s rules changed laws to limit hemp-derived products, including Delta 8 THC, THCA, and flower products containing broad-spectrum CBD.

They changed the definition of THC to include THCA in calculations for total THC. THCA-rich flower that is legal in Tennessee as of July 1, 2022 could be no longer legal if THCA counts towards total THC.

Yet state officials also acknowledged the economic benefits of hemp products, estimating a potential $180m industry in Tennessee, and instead of banning hemp-derived goods, they continue to regulate the sale of Delta-8, CBD and THCA products, with new regulations likely to be enacted, coming into force on 1 July 2024.

In short, the legal status of Delta 8 THC remains a function of state law, which is a permissive legalisation of all hemp derivatives that are not Delta 9 THC provided that they conform to strict THC content thresholds.

And until the contours of cannabinoid regulation are expeditiously figured out through public hearings, new regulatory schemes and changes to the hemp law, Delta 8 THC keeps its legal status in Tennessee.

Delta 8 and the Federal Law

Delta-8 THC's legal status at the federal level hinges on the 2018 Farm Bill, which legalized hemp-derived cannabinoids, extracts, and derivatives with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis. However, the bill does not explicitly mention Delta-8 THC, leading to a legal gray area.

The Drug Enforcement Administration (DEA) has suggested that synthetically derived tetrahydrocannabinols remain controlled substances, but the definition of "synthetically derived" is subject to interpretation.

According to the Farm Bill, CBD and other cannabinoids are legal if they are made from hemp containing 0.3% Delta-9 THC content or less. Delta-8 THC falls within this category and is, therefore, federally legal.

Just to recap, Delta 8 is roughly 70% as potent as Delta 9—the main psychoactive compound in cannabis. Like Delta 9, Delta 8 induces a psychoactive effect, albeit less intense than that of Delta 9.

Tennessee’s Delta 8 Laws

The laws in Tennessee align with the federal Farm Bill. This means the state of Tennessee permits Delta 8 so long as the cannabinoid is hemp-derived and contains less than 0.3% Delta-9 THC content.

Currently, under Tennessee SB378, hemp is defined 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 (THC) concentration of not more than 0.3 percent on a dry weight basis.

As you can tell, this definition gives Delta 8 a somewhat legal status, as long as it adheres to the THC concentration limits set for hemp.

Is Delta 8 a Controlled Substance in Tennessee?

Under Tennessee law, Delta-8 THC is not classified as a controlled substance if it is derived from hemp that meets the legal definition (containing no more than 0.3% Delta-9 THC on a dry weight basis). This distinction is crucial for both consumers and retailers, as it allows for the legal sale and possession of Delta 8 products that comply with state hemp regulations.

However, Tennessee lawmakers intend to make this product accessible strictly to persons aged 21 and above. For a comprehensive view of controlled substances in Tennessee, check out the state's Controlled Substances Act here.

Delta 8 Possession Limits in Tennessee

Tennessee does not specify possession limits for Delta-8 THC products, provided they are derived from legal hemp. However, consumers should exercise caution and remain informed about any local ordinances or updates to state law that may affect the legal status of Delta 8. It's also wise to keep products in their original packaging with labelling that verifies their compliance with state law.

Just as well, seeing as Tennessee is brimming with a variety of legal Delta 8 products to meet every consumer's needs. However, we recommend exercising due diligence when shopping for Delta 8 products. Ensure they are third-party lab-tested, and if possible, request a product certificate of analysis (CoA). This is the only way to ascertain that you are using a safe and legal Delta 8. 

Is Delta 8 Legal in Tennessee?

As of this writing (March 2024), Delta-8 THC is 100% legal in Tennessee. For a while, delta compounds have not been regulated in Tennessee. Recently, Gov. Bill Lee signed into law SB 0378 to change this. Essentially, the bill intends to assure the public and consumers of the safety and legitimacy of what they are buying.

The new legislation means all hemp-derived products will incur a 6% tax starting in July 2024. What does this mean for consumers? Well, if you use Delta 8, 9, or 10, expect to pay just a little more.

Final Thoughts: Is Delta 8 Legal in Tennessee?

The legality of Delta 8 in Tennessee reflects a broader trend of states navigating the complexities of cannabis laws post-2018 Farm Bill. While federal ambiguity remains, Tennessee permits the use of Delta-8 THC, provided it falls within the legal definitions of hemp-derived products. This legal framework allows consumers access to Delta 8, but it also requires vigilance to ensure compliance with ongoing legal developments.

For those looking to purchase Delta 8 products in Tennessee, it's essential to source from reputable retailers that provide transparent product information and lab results confirming legal THC levels. Online retailers like Botany Farms offer a curated selection of Delta 8 products, ensuring compliance with Tennessee laws and providing a convenient option for consumers seeking legal cannabis alternatives.

However, federal regulators warn that it can produce adverse effects.Delta-8 THC is federally legal and is also permissible in Tennessee, so long as it abides by the regulations spelled out in the 2018 Farm Bill. 

Where to Buy Delta 8 Online

Dive into the legal, enjoyable world of Delta-8 THC in Tennessee with Botany Farms. Our carefully curated collection of Delta-8 products, including the soothing Blueberry Kush, Delta-8 THC Vape Cartridges, and these delightful Delta-8 THC Topical Mix Gummies designed to meet your needs and exceed your expectations.

Experience the milder, enjoyable high and the quality assurance that comes with each of our products. Whether you're new to Delta-8 or a seasoned enthusiast, Botany Farms is your trusted source for premium, hemp-derived Delta-8 THC products. Shop now and discover why we're the go-to destination for Delta-8 in Tennessee: Explore Our Delta-8 Collection.

Remember, with Botany Farms, you're not just buying Delta 8; you're investing in a quality experience backed by the assurance of compliance with both federal and Tennessee state laws. Enjoy the benefits of Delta-8 THC with confidence and peace of mind. Shop today! 

Sources used for this article:

https://www.usda.gov/farmbill
https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thc
https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0378&ga=113
https://trackbill.com/bill/tennessee-house-bill-702-controlled-substances-as-enacted-enacts-the-one-pill-will-kill-act-which-adds-fentanyl-carfentanil-remifentanil-alfentanil-and-thiafentanil-to-what-constitutes-a-qualifying-controlled-substance-for-purposes-of-certain-felony-offenses-amends-tca-title-39-and-title-40/2343207/