Delta 8 THC shares some of the same benefits as well as the same psychoactive effects with federally illegal marijuana plants, so it makes sense that people are left wondering "Is Delta 8 legal?".
Well, there is good news for those who live in Tennessee. Delta 8 THC and other hemp derived cannabinoids are legal to purchase, use, possess, sell, distribute, and produce in Tennessee.
Is Delta 8 legal in Tennessee?
Currently, Tennessee state law conforms with federal legislation which views Delta 8 THC and other hemp products as a legal substance. The passing of the Agriculture Improvement Act, also known as the 2018 Farm Bill, was integral for this to occur.
The passing of this bill made all hemp derived cannabinoids, isomers, terpenes, and flavonoids legal at the federal level as long as they stayed within the legal limit of 0.3% Delta 9 THC.
Federal law and state law surrounding marijuana derived THC remains a different story in Tennessee and it looks to be a good distance away from being legalized anytime soon. At least for now, those in Tennessee can legally enjoy Delta 8, CBD, and other hemp derived cannabinoid products.
Delta 8 State Legislation in Tennessee
Laws seem to be ever evolving, especially with hemp and other cannabinoids, making it even more difficult to stay up to date with the most recent legal status of these products. THC in Tennessee has seen progress however, at least with Delta 8 THC becoming a legal substance.
After the Farm Bill was passed in 2018, Tennessee passed Senate Bill 357. This bill changed the state's definition of hemp derived cannabinoids and ultimately removed them from the state's Controlled Substance List, to include Delta 8 and CBD.
Even with this change in law, there is often times a lot of confusion for consumers surrounding what products from the cannabis plant are legal and which are not. In addition, executive director Kelley Hess, of the Tennessee Growers Coalition has worked to create a licensing, quality testing, and regulatory and enforcement process through the Tennessee Department of Agriculture surrounding Delta 8 sales. This regulatory and enforcement process would aim to prevent underage individuals from purchasing hemp derived cannabinoid products.
It is important to understand that the Farm Bill legalized hemp and hemp products only, not products that are derived from the marijuana plant. What differentiates these two plants as hemp instead of marijuana is the THC (Delta 9 THC) content it contains. This is determined by analyzing the raw plant material of a hemp crop to demine if the cannabis plants are considered organic hemp.
All high-quality industrial hemp, regardless of its final product, must contain no more than the 0.3% Delta 9 THC on a dry weight basis as defined by the federal government.
Where to buy Delta 8 THC in Tennessee?
Current law allows you to purchase Delta 8 THC and other hemp derived THC in Tennessee from online retailers as well as in person in many hemp stores and smoke shops. You should be able to find a smoke shop that carries Delta 8 in major cities like Nashville, Memphis, Knoxville, and Chattanooga.
Of course, buying online can often times be the most convenient option for those in Tennessee to get their hands on Delta 8 THC and many other hemp derived cannabinoid products. Not to mention might offer more reasonable prices than what can be found at local vape shops.
What is Delta 8 THC?
Delta 8 THC is a psychoactive compound, which does produce intoxicating effects, meaning it does produce a "high", but to a much lesser degree than that of Delta 9 THC. Overall, Delta 8 THC falls in a middle ground between CBD (hemp derived cannabidiol) and regular THC (Delta 9 THC). As a cannabinoid, the potential benefits that Delta 8 THC brings to the table are very appealing for many.
Are Delta 8 products safe?
It is often times advised to steer clear of buying products sold from places like gas stations and convenience stores. They can potentially be unsafe, improperly labeled, or not fulfil the federal regulations and requirements to remain legal.
Remember, when purchasing Delta 8 THC or any THC products, it is in your best interest to purchase high quality products from reputable brands and trusted online retailers. This will ensure you are getting a federally legal product that has been third party lab tested. Third party lab testing will prove the THC concentration is within the 0.3% federal requirement.
Lastly, the lab analysis will indicate if hemp derived cannabinoid products are free of common contaminants such as heavy metals, pesticides, and solvents that can potentially remain from the manufacturing process.
Is recreational marijuana legal in Tennessee?
No, recreational marijuana use is strictly prohibited in the state of Tennessee as is Delta 8 derived from marijuana. Possession of it and paraphernalia related to it are strictly prohibited.
Those caught in possession of marijuana in the state will be charged with, at minimum, a misdemeanor punishable with a fine and potentially jail time.
Marijuana possession of anything up to a half ounce can have you facing anywhere from a $250 for first time offenders all the way up to 1 year in jail.
Possession of larger amounts are classified as a felony in the state and could result in a charge of intent to sell or distribute. Growing marijuana is punished even more harshly. Growing marijuana with up anything up to 10 plants is punishable with up to 6 years in prison.
Is medical marijuana legal in Tennessee?
No, current law prohibits medicinal marijuana use in Tennessee. That hasn't stopped certain those from trying but unfortunately all attempts thus far have been struck down. The closest Tennessee got to legalizing medical cannabis use was with a law passed in 2021 which allows those diagnosed with certain qualifying conditions to use CBD oil with a higher concentration of THC, up to 0.9% vs the federally allowed 0.3% for hemp products.
As an alternative to medical cannabis, doctors are able to recommend this higher concentrated CBD for those who suffer from Alzheimer's, Multiple Sclerosis, some cancers, HIV/AIDS, Parkinsons and other medical conditions.
State lawmakers took another crack at it again in 2021 with the creation of the Tennessee Medical Cannabis Commission, which focused its efforts on studying other state's legislation surrounding marijuana legalization to frame its language for how Tennessee could follow suit. Unfortunately, that did not progress into legalization of marijuana derived THC in Tennessee.
Cannabis Decriminalization in Tennessee?
Some local governments have decriminalized and reduced penalties for the possession of cannabis. Nashville, TN in particular took it a step further and basically decriminalized cannabis possession when in small quantities back in June 2020. The Nashville District Attorney's Office no longer prosecutes individuals caught with possession of anything less than a half ounce of marijuana.
So, while current law prohibits marijuana products in the state, technically you could say that marijuana possession when in small quantities in Nashville are safe from prosecution.
The history of the DEA's view of Delta 8 in Tennessee
The history of the DEA's stance on Delta 8 THC has not always been in favor of keeping Delta 8 legal. In September of 2020, the DEA issued an Interim Final Rule covering the legal status of synthetic THC products.
The stance the DEA took is that they believe all synthetically derived THC should be considered a Schedule 1 drug and therefor remain on the Controlled Substances Act regardless of it being from the hemp plant.
Even though Delta 8 THC is a naturally occurring cannabis chemical, Delta 8 THC is a minor cannabinoid making up only 1% of the hemp plant. It is found in such small quantities that it is producers must convert it from CBD in a chemical process using specialized chemicals under lab conditions. That process is viewed by some as being man-made or synthetically produced.
Others view the process as having nothing to do with whether or not Delta 8 THC is considered synthetic. Since CBD is found naturally to occur in the cannabis plant the extraction methods used bear little weight as to whether it should be considered synthetic or not.
What does the future of Delta 8 look like for Tennessee?
There is currently no upcoming legislation that could alter the legality of Delta 8 THC for the state of Tennessee. However, 2023 might be the year that changes. With the newly passed changes to federal law signed by President Joe Biden, there may be hope.
The Medical Marijuana and Cannabidiol Research Expansion Act lifted restrictions placed on doctors from discussing cannabis with their patients. This change may be a first step in the direction of research and drug development as well as legalization of recreational and medical marijuana in the state.
Virginia, Arkansas, Missouri, Mississippi and Alabama all have legalized medical marijuana use. Virginia and Missouri also allow recreation use of marijuana, joining 19 other states.
Until then, Delta 8's legal status has allowed its citizens the ability to legally access hemp derived cannabinoids, giving them access to the many benefits that hemp products can potentially offer.
In our opinion the future of Delta 8 in particular is dependent on resellers carrying only high-quality Delta 8 products backed with lab reports that fall in compliance with federal law. Failure to do this will likely result in posing a public safety concern and will spark further regulations and restrictions by the drug enforcement agency (DEA),
Frequently asked questions?
Is Delta 8 legal in Tennessee?
Yes, Delta 8 THC is legal in the eyes of state and federal laws as long as it is derived from hemp plants and contains no more than .3% Delta 9 THC on a dry weight basis.
Is CBD legal in Tennessee?
Yes, similar to how Delta 8 THC is legal in Tennessee, this non intoxicating chemical derived from hemp is legal as well. Consumers are able to fully use and enjoy CBD and Delta 8 products without worry of breaking Tennessee state laws.
Can you pass a drug test with Delta 8 in Tennessee?
No, because Delta 8 THC is a form of THC. THC metabolites will be present in your body when using Delta 8. Standard drug tests do not differentiate between THC that is legally derived from hemp or THC derived from marijuana.
Can you travel to Tennessee with Delta 8?
Because the use and possession of Delta 8 is legal in Tennessee, you can travel to and within the state with Delta 8 legally as long as the products are hemp derived. You cannot travel into or possess marijuana or marijuana derived THC products while in Tennessee.
Is possession with Delta-8 a felony in Tennessee?
No, hemp derived Delta-8 THC products are fully legal. You should keep in mind that police officers may have a tough time indicating whether or not some products are actually legal Delta 8.
It is in your best interest to keep all products in their original packaging which should include a QR code to lab testing, proving that product is in fact a federally compliant hemp product.
What happens if I get pulled over in Tennessee with Delta-8?
While Delta 8 THC is legal in Tennessee, you should not drive or operate a vehicle while under the influence. Doing so may result in prosecution.
Conclusion
For now, Tennessee residents can continue to enjoy this federally legal weed alternative without worry. Future concerns on if Delta 8 and all the products that contain it, will be added back to the list of controlled substances remain present.
Until then, consumers are able to fully enjoy using high-quality Delta 8 in Tennessee. If you are looking for a wide selection of top-quality CBD and Delta 8 THC products sold online Everyday Delta, has you covered. We offer products ranging from Delta 8 edibles to vapes and tinctures, so we have something for everyone.
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