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Is CBD oil legal in Tennessee?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Tennessee CBD laws
  4. Where can I buy CBD in Tennessee?
  5. How can I read CBD labels and packaging?

The short answer is yes. Cannabidiol oil that is derived from hemp, and that contains less than 0.3% tetrahydrocannabinol (THC) is legal for use in oils, tinctures, topicals, and even infused into certain kinds of edible products, as well. Since the passage of the Hemp Farming Act of 2018, all hemp products and products derived from hemp were legalized for sale, use, and possession at a federal level. The US Department of Agriculture are in charge of maintaining rules and regulations regarding the safety and quality standards, although the US Food and Drug Administration still maintain power over the marketing and regulation of CBD labeling, therapeutic claims, and additive to food products.

What is CBD?

Cannabidiol (CBD) is a non-intoxicating cannabinoid found in both cannabis and hemp plants. After tetrahydrocannabinol (THC), it is the most abundant compound found in cannabis plants, although CBD derived from hemp usually only contains trace amounts of THC, less than 0.3% by legal definition. CBD is known to have many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressing properties.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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CBD is the yang to THC’s yin; it halts anxiety and elevates your level of chill without intoxication.

Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.

What does CBD stand for? Cannabidiol.

Why is CBD sometimes illegal?

Although CBD derived from hemp contains little to no THC and therefore, has no intoxicating effects, under the 1970 Federal Controlled Substances Act, all types of cannabis, including hemp, were considered to be illegal. That piece of legislation considered all types of the cannabis sativa plant, including both cannabis and hemp, to be illegal as a Schedule I controlled substance, which defined cannabis as a substance with a high potential for abuse, with no medicinal benefits, and a likelihood for addiction.

The Hemp Farming Act of 2018 legalized the cultivation of hemp, and altered the definition of hemp to create a separate, legal pathway for hemp to be removed from the Schedule I category and differentiate from cannabis in the legal definition. Hemp is cannabis that contains less than .3% THC by weight and marijuana is cannabis that contains more than .3% THC. Hemp-derived CBD was declassified from the Controlled Substances Act by the Hemp Farming Act of 2018, but CBD derived from the marijuana plant is still considered illegal at a federal level and is categorized as a Schedule I controlled substance. A helpful explainer is available on the Brookings Institute website.

The Hemp Farming Act of 2018 also preserved the rights of the Food and Drug Administration to maintain authority over the regulation of CBD labeling, therapeutic claims, and the use of CBD as a food additive. The FDA has since taken a firm stance against allowing hemp CBD to be added to food or beverage products, while also maintaining that CBD may not be advertised as a dietary supplement. The FDA is currently in the process of re-evaluating the regulations on hemp-derived CBD products, but has yet to lay out specific regulations, leading to much confusion in the market. In July of 2019, the FDA issued a warning letter to a hemp CBD company, Curaleaf, outlining the various ways the company was in violation of these regulations.

Thus, even hemp-derived CBD remains heavily regulated by the federal government. The Hemp Farming Act of 2018 also allows each state to make their own rules and regulations regarding the sale and distribution of hemp-derived CBD products, and state jurisdictions retain the right to restrict or prohibit the cultivation and commerce of hemp products. In addition, states may attempt to regulate food, beverages, dietary supplements, and cosmetic products containing hemp CBD, regardless of the final rules laid out by the FDA.

Tennessee CBD laws

All Tennessee hemp is required to meet the state standard of containing .3% or less of THC.

All purchases of hemp-derived CBD products must have a lab report or verification that the product they are purchasing contains less than .3% of THC. Hemp flower products must be sold in a sealed container.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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In 2016, Senate Bill 2125 was signed into law. This bill amended the marijuana laws in Tennessee to exclude any cannabis oil, including cannabis flower and seeds, containing less than .6% of THC from the legal definition of marijuana.

Later in 2016, House Bill 1044 was signed into law, allowing cannabis with .9% of THC or lower to be manufactured, processed, dispensed, and possessed by patients referred to by a four-year public institution within the state as part of a clinical research study on antiseizure, anticancer, or other immunomodulatory properties of the plant. This bill is the closest Tennessee has to a legal medical marijuana system, and may be used as an affirmative defense in the event that a patient is arrested with cannabis containing .9% THC or less.

Tennessee licensing requirements

Tennessee’s Department of Agriculture has laid out rules for hemp cultivators in light of the Hemp Farming Act, creating a system of licensing for hemp farmers, producers, and transporters. As of late 2019, there were more than 3,400 licensed hemp growers in Tennessee, ;]'[and the Tennessee Department of Agriculture is still accepting applications to become a licensed hemp grower. In order to transport hemp plants or products, a permit is required to be submitted by licensed growers at least three days in advance of making any movement.

There are six pesticides that have been approved for use on hemp by the U.S. Environmental Protection Agency in Tennessee:

  • EPA Registration Number: 84059-3. Active ingredient: Extract of Reynoutria sachalinensis. Product type: Fungicide and Fungistat.
  • EPA Registration Number: 84059-28. Active ingredient: Bacillus amyloliquefaciens strain F727. Product type: Fungicide.
  • EPA Registration Number: 91865-1. Active ingredients: Soybean Oil, Garlic Oil, and Capsicum Oleoresin Extract. Product type: Insecticide and Repellent.
  • EPA Registration Number: 91865-3. Active ingredient: Bacillus amyloliquefaciens strain D747. Product type: Fungicide and Bactericide.
  • EPA Registration Number: 91865-4. Active ingredient: Azadirachtin. Product type: Insect Growth Regulator and Repellent.
  • EPA Registration Number: 91865-2. Active ingredient: Potassium Salts of Fatty Acids. Product type: Insecticide, Fungicide, and Miticide.

Tennessee CBD possession limits

CBD products containing less than .6% THC are legal for possession, and patients enrolled in a clinical study by a four-year college or university may possess CBD oil containing up to .9% THC, but there are no legal avenues to purchase any medical cannabis products, so certain products containing this amount of THC must be procured in another state. Possession of CBD oil without evidence that it was procured in another state is considered a Class C misdemeanor offense, punishable by a fine of up to $50, up to 30 days in jail, or both.

CBD products containing less than .6% THC are legal for possession. Photo by: Gina Coleman/Weedmaps

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The possession of marijuana containing a higher amount of THC is considered illegal. However, both Nashville and Memphis have succeeded in decriminalizing the possession of small amounts of marijuana, treating it like a traffic ticket with a fine of $50, which may be waived by the court if the individual completes community service.

The possession of half an ounce of marijuana or less elsewhere in the state of Tennessee is considered a misdemeanor, with a fine of up to $250, and up to one year in jail. The possession of more than half an ounce of marijuana is still considered a misdemeanor offense, but the fine increases to $500, with up to one year in jail.

Where can I buy CBD in Tennessee?

Unfortunately, medical CBD patients seeking products with a higher THC percentage will have to travel to other states to find these products.

In some larger cities such as Memphis and Nashville, there are shops that sell CBD products, including oils, tinctures, infused products, and topicals. Photo by: Gina Coleman/Weedmaps

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However, for those seeking hemp-derived CBD products containing less than .3% THC, there are plenty of options inside the state of Tennessee. In some larger cities such as Memphis and Nashville, there are shops that sell CBD products, including oils, tinctures, infused products, and topicals. Ordering CBD products online is always an option, as well, as there are many CBD companies that offer online ordering and shipping. However, it is important to do research to find a reputable company that sells high-quality products that have been tested for pesticides and potency, and that offer a lab report for all of the products available.

How can I read CBD labels and packaging?

When purchasing hemp CBD products, one of the most important first steps to determine if this is a reputable source for high quality CBD is to examine the lab report and certificate of analysis, which is usually available on the label and packaging of the product. Most reputable hemp CBD companies will include the following information on the label:

  • Amount of active CBD per serving
  • Supplement Fact panel, including other ingredients
  • Net weight
  • Manufacturer or distributor name
  • Suggested use
  • Whether the product is full-spectrum, broad-spectrum, or isolate
  • Batch number or date code

Is CBD oil legal in Tennessee? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Tennessee CBD laws Where

Tennessee Hemp Flower Laws

The “Volunteer State” better known as Tennessee isn’t quite a leader in the cannabis policy reform. Yet many years ago, the local government enacted the House Bill 2445 to remove hemp from the definition of marijuana (cannabis). And that was a step in the right direction. H.B 2445 went into effect shortly after President Obama signed the 2014 Farm Bill on February 7th.

Before this Farm Bill, states all over the nation couldn’t legally grow hemp for personal nor commercial use. But when the Bill passed in 2014, hemp pilot programs were able to study the plant. Pilot programs were only authorized to educational institutions and state departments of agriculture (where medical or recreational cannabis was legal). The goal was to research and make conclusions about the role of hemp and its usefulness in U.S. agriculture.

Turns out, they discovered a truth that many of our ancestors already knew. Hemp is in fact, an extremely valuable crop. Local leaders and residents of Tennessee also understood this. They knew hemp was grown for centuries in America prior to the Marihuana Tax Act of 1937. Before then, hemp was an agricultural commodity. It was used to make textiles, clothing, rope, paper, food, oil, shoes, biodegradable plastics, and the list goes on.

More recently, the U.S. government recognized the importance of hemp and make some monumental changes.

How the 2018 Farm Bill Revised the 2014 Farm Bill

On December 12, 2018, the federal government removed hemp from the list of Schedule 1 drugs through the passage of the 2018 Farm Bill. As of this date, growing hemp was no longer limited to educational institutions and a handful of state departments of agriculture. This updated Bill allowed any state in the U.S. to propose their own Hemp Program to the USDA. And that’s precisely what Tennessee’s Department of Agriculture did.

Let’s take a look at how Tennessee defined its hemp growing rules and regulations.

Who Can Grow Hemp Flower in Tennessee?

The Tennessee Department of Agriculture (TDA) outlined and defined the state’s rules for growing industrial hemp. Under its Hemp Program, Tennessee residents must apply for a hemp growing license before laying any seeds in the ground. The application process takes place each year on July 1st.

Along with the required application, related fees are also due at this time. Fees are calculated based on the farmer’s growing area, which is measured in total acres. Once a license gets approved or renewed, those farmers can legally grow hemp in the state of Tennessee.

But, there are certain regulations hemp farmers must abide by when growing hemp. For starters, they’re subject to inspection by the TDA. During the inspection, the department may collect samples for testing. The testing will determine whether or not the sample has less than 0.3% Delta 9 THC on a dry weight basis.

This percentage is outlined in the 2018 Farm Bill as well as Tennessee’s Hemp Program . If the results come back with a higher amount than 0.3%, the department will remove or destroy the plants. The Hemp Program outlines several other rules as well, but the THC percentage rule is by far the most important.

In summary, hemp farming is legal in Tennessee and this includes hemp flower, one of the primary components of the plant.

Is CBD Legal in Tennessee?

After talking about the legalities of growing hemp in Tennessee, it’s time to talk about CBD. Cannabidiol (CBD) made its way into our discussion because the hemp plant produces abundant amounts of CBD. So, if hemp is legal to grow for commercial use, is it also legal to buy it? Great question.

Yes, you can legally buy CBD hemp flower for personal use as long as the percentage of Delta 9 THC is less than 0.3%. Even though the THC percentage is capped, there’s no cap on the percentage of CBD.

Is Smoking Hemp Flower Legal in Tennessee?

Now that you’re comfortable with the Tennessee CBD laws, let’s answer a question about smoking hemp. Yes, you can smoke hemp flower in Tennessee, but we have a few suggestions for you before you do.

Hemp and marijuana both come from the same species of plant — Cannabis sativa. They can look and smell very similar. Herein, lies a slight problem. When you’re ready to smoke your CBD hemp flower, you may want to do it somewhere discreet.

Tennessee has strict laws on marijuana. Until they adopt a medical and/or recreational cannabis program, law enforcement won’t know if you’re smoking hemp or marijuana. As of now, there’s no quick way to discern the difference.

So, as a word of caution, don’t smoke your hemp buds in a public setting. Enjoy your hemp strain somewhere you feel comfortable to smoke it. This way you can enjoy all the wonderful effects it has to offer without the worry of someone or something getting in the way.

What’s the Main Difference Between Hemp Flower & Marijuana Flower?

Hemp flower comes from the hemp plant and has large concentrations of the cannabinoid, CBD. It also contains other cannabinoids like CBG, CBC, CBN, and even THC, but in tiny amounts. THC or tetrahydrocannabinol is the well-known cannabinoid in cannabis that has psychoactive effects. Like we mentioned earlier, hemp cannot have more than 0.3% THC, otherwise, it’s illegal in the state of Tennessee.

Marijuana, on the other hand, is a different type of cannabis plant. Many people refer to it as the cousin of hemp — the same family, but different genetics. Because hemp and marijuana have different chemical structures they also have their own set of effects. Marijuana’s chemical profile consists of high levels of THC. And over the years, many people bred marijuana to produce even higher levels of THC content.

So in short, this is the main difference between hemp vs marijuana. Hemp strains are generally high in CBD, low in THC, with a unique set of effects. And marijuana strains are typically high in THC and low in CBD, which is how they produce intoxicating effects.

What Are The Benefits of Hemp Flower?

When you smoke hemp flower, the contents enter your lungs immediately which then gets passed into your bloodstream. This is why you can feel the effects of hemp flower quickly.

These effects range from person to person, and a lot of them depend on the actual hemp strain you buy. The company that’s selling the flower will generally include a description of the effects. They can include feelings of euphoria, clarity, motivation, relaxation, focus, or calm.

Besides the fast-acting effects of smoking hemp flower, another benefit is to make your own CBD oil or topical from the hemp flower. There are lots of recipes online that teach you how to make oils and from there you can make edibles or topical ointments. If you can think it up, there’s likely a video on the web that can teach you.

Is It Legal To Buy Hemp Flower Online?

Yes, you can legally buy hemp flower online. The real question is, who are you going to buy it from? There are many important factors to consider when you’re looking for a high quality hemp flower. Put safety first. You can do this by finding or requesting a copy of the lab report. This is often called the Certificate of Analysis (COA).

In this report, there’s a cannabinoid profile that shows the level of CBD and THC. It will also show the levels of hemp’s other major cannabinoids like CBDA, CBDV, CBC, CBG, CBN, and so forth. Make sure the strain you’re interested in has less than the legal amount of Delta 9 THC (0.3%). And aim to find a CBD strain with a total CBD percentage of 12 percent or higher.

Other tests on the COA can include an analysis of pesticides, heavy metals, residual solvents, mycotoxins, and microbial content. Organic CBD nugs are always the best choice because you don’t have to worry about having any of these contaminants in your flower.

If you need a place to start your search, consider the artisan hemp flower we carry in our online hemp marketplace. All our CBD hemp strains are grown in Oregon using sustainable and organic farming methods. This preserves the quality, freshness, and therapeutic benefits of the plant.

Also, you’ll find copies of the ‘Cannabinoid Analysis’ to show you the total CBD percentage in each of our six strains. Find what you love, and we’ll do the rest. Shipping to Tennessee is free on orders above $50. If you’re not sure which to buy, we have a sampler pack that lets you try all six.

Looking to buy and smoke hemp flower in Tennessee? But first, you want to learn about the Tennessee CBD laws, right? We’ll cover both these topics for you.