A psychoactive compound is known as Delta 8, often referred to as “weed lite” or “diet weed,” was legalized as part of the Farm Bill 2018.
With the implementation of the Farm Bill, states were allowed to either restrict or welcome this move and legalize Delta 8 in their state. Currently, Delta 8 is legal in 32 states, and its popularity and sale have been skyrocketing in the past 2 years. Still, states were reluctant when it was federally legalized in 2018. Considering it is a new compound, there has been little research done on it, so states were not sure if it is the right time or if it will have the same effects as what is promised by this compound.
If you are a resident of Tennessee and considering buying, consuming, and producing Delta 8, then this Delta 8 THC Tennessee legal guide is all you need!
Is Delta 8 Legal in Tennessee?
Yes. Delta 8 is legal in Tennessee. Delta 8 was legalized in Tennessee in 2019 by senate bill 357, the state implemented the farm bill with no changes. With this, Delta 8 was removed from the schedule 1 given in the controlled substance act. The bill gave crucial definitions of hemp and hemp products.
What is Delta 8?
It is a naturally occurring psychoactive compound in small amounts in two varieties of cannabis Sativa plant, i.e., marijuana and hemp. Delta 8 derived from the hemp plant has been legalized by farm bill 2018 with a 0.3% THC concentration.
Hemp as per code $ 43-27-101 is defined as a cannabis Sativa L and any part of that plant including all derivatives, seeds, cannabinoids, acids, salts, and salts of isomers, whether growing or not, with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.
Delta 8 THC: Synthetic or Natural? DEA Rules About Delta 8 in Tennessee
Delta 8 THC is a natural compound that occurs in a small amount derived from the hemp plant. As with time, this compound gained popularity, and its sales increased. To meet the growing demand, the manufacturer used another process to derive Delta 8, i.e., isomerization. The process involves converting one isomer into another by facilitating an environment where the compound changes its chemical structure; it is done by catalyzing CBD with an acid, neutralizing the acid and the solvent, purifying the final products, and at last testing it.
Things seemed okay unless the drug enforcement agency published an interim final rule stating:
“For THC that are naturally occurring constituents of the plant material, Cannabis sativa L., any material that contains 0.3% or less of D9 -THC by dry weight is not controlled, unless specifically controlled elsewhere under the CSA. Conversely, for THC that are naturally occurring constituents of Cannabis sativa L., any such material that contains greater than 0.3% of D9 -THC by dry weight remains a controlled substance in schedule I. The farm bill 2018 does not impact the control status of synthetically derived THC because the statutory definition of “hemp” is limited to materials that are derived from the plant Cannabis sativa L. For synthetically derived THC, the concentration of D9 -THC is not a determining factor in whether the material is a controlled substance. All synthetically derived THC remains a Schedule I controlled substance.”
But neither the federal law nor the interim rule stated what synthetically derived THC means. Hence, it seemed right to go by the literal meaning of “synthetic,” which is defined as a substance “relating to, or produced by chemical or biochemical synthesis.”
Delta 8 THC Possession Limits in Tennessee
Hemp is recognized as an agricultural product under farm bill 2018. Hence, there’s no possession limit to sell or distribute Delta 8, a derivative.
Delta 8 Age Restrictions in Tennessee
Federal and state laws are silent on the minimum age to buy the Delta 8 product, but some states have set the age as 21 years. Hence, the retailer might ask you about your age and sell you the product 21 years or above.
Travel with Tennessee in Delta 8
Federal and state laws do not restrict the cross-border transportation of hemp. So, you can carry Delta 8 products from one state to another but make sure you have the proper documentation of these products as they can easily be confused with delta-9. You can face legal actions by the local police.
Drug Test for Delta 8 in Tennessee
No. You can’t pass a drug test for Delta 8 if you have consumed it in the last 90 days. However, It also depends on the test that you are getting done. It can be a hair test, urine test, or blood test; each has a duration, meaning how long it can detect THC levels in your body. It can vary anywhere between 3 days, to a week, till 90 days. Further, due to a lack of research equipment, testing can only determine THC levels, not Delta 8 or delta-9 levels. Therefore, you must prove what you have consumed, as failing the drug test can be problematic.
Legality of Recreational and Medical Marijuana Legal in Tennessee
No. Recreational and medical marijuana is not legal in Tennessee. Further, possession of any amount of cannabis will be termed as a misdemeanor which will be punishable by 11 months and a fine up to $2500. There is an exception for seizure patients who can use high CBD and low-THC cannabis oil.
Tennessee is one of the 13 states that has not legalized cannabis; recently, the state tried working on it but failed to pass the Senate bill 854, which was nothing but the legalization of medical cannabis; however, the state has passed a Senate bill 118 to create a study commission to consider medical cannabis.
Delta 8 Products Available in Tennessee
There is a wide variety of Delta 8 products, including vape pens, cartridges, capsules, edible base, gummies, dried flowers, cookies, etc.
Benefits of Delta 8 THC
Delta 8, a milder, non-psychoactive compound, has various benefits, including:
- Increasing focus and improving brain health
- Relieving pain or intense relaxation
- Boost of appetite
- Improved body balance
- Prevents nausea and vomiting
Delta 8 in Tennessee: Where to Buy
Delta 8 products are available both online and offline.
Online you can find the best available brands, selling top-notch quality products along with proper documentation and testing information.
- Diamond CBD
- Exhale wellness
- Everest Delta 8 THC
- Planet delta
When Delta 8 was legalized in 2018, there was a huge difference between what was legalized by the farm bill and what people assumed to have been legalized and started selling. If you closely read the farm bill, it never mentioned Delta 8; they just mentioned “hemp and hemp-derived products.” Hence, when there was mention of the compound, people started an unregulated market and sold harmful products in the name of Delta 8. People were not aware of what they needed and asked the retailers to assure the quality. Generally, its details were included in the hemp programs implemented by the state. Here are the following that you need to check before buying Delta 8 products:
- Lab testing results: Check for the THC concentration in the lab testing results, as over the pre-defined limit of 0.3%, it will be considered marijuana, which is banned federally and at the state level.
- Hemp source: Check how the hemp was derived and used.
- Brand value: Check to see how long the brand has been on the market.
As Delta 8 is a new product, several new brands are likely to produce high-quality products. To find out if you choose the right brand, read the next point.
- Product ratings and reviews: See what people have to say about the product, and see if there are any complaints about it and how the company engages with their customers.
- Discounts: Delta 8 products have higher prices due to their small amounts and extraction process. Therefore, you should look for products with reasonable discounts, as large discounts can indicate low-quality products.
Labeling requirements of Delta 8 products include product information, potency levels, and QR codes that users can scan and find out more about the product.
Frequently Asked Questions
Question: Is Delta 8 a Controlled Substance in Tennessee?
No, Delta 8 is not a controlled substance in Tennessee, as the new hemp laws section 39-17-415 states that “this section does not categorize hemp, as defined in section 43-27-101 as a controlled substance act”. This removed hemp from the definition of marijuana and further removed hemp-derived cannabinoids from CSA. Hence, Delta 8, delta-9, and delta-10 with a THC concentration of 0.3 are not under CSA and are legal in Tennessee.
Question: Difference Between Delta 8 and Delta-9?
Delta 8 is commonly called the young cousin of delta-9. It differs in several different ways, including:
- Molecular structure: Delta 8 places a double bond between carbon atoms 8 and 9, whereas delta-9 has double bond placement as 9 and 10. Because of this minor difference, Delta 8 has a lower affinity for CB 1 receptor.
- Potency: Delta 8 is less potent than delta-9.
- Extraction process: Delta 8 occurs in a very small amount. Hence, manufacturers have used a cost-effective method like isomerization. It can be derived by heating CBD under acidic conditions. On the other hand, delta-9 occurs naturally in greater amounts and does not require an extraction process.
Question: Is Delta 8 Legal in All 50 States?
Delta 8 is currently legal in 32 states. 13 states have illegal Delta 8, while 3 are unsure about their stance on the compound. However, almost all the neighboring states of Tennessee have legalized it, including North Carolina, Georgia, Alabama, which help the Tennessee residents with inter-state travel carrying Delta 8.
Question: Do I Need a License to Grow Hemp in Tennessee?
Yes, you need a license to grow hemp in Tennessee. Applicants are required to submit fees of $250 for 5 acres, $300 for 5-20 acres, and $350 for 20+ acres, along with relevant information like applicant name, address, growing area details, GPS coordinates. Applicants had to adhere to rules and regulations regarding the harvesting and growing of hemp. For example, growers have to communicate TDA 30 days before harvesting hemp crops to check the THC concentration. If it’s above 0.3%, the crop will be destroyed by someone from the TDA. The licensor is required to pay $150 for sampling.
There are two more licenses for seed and hemp processing. That means, if you are a person who cultivates industrial hemp for certified seed, you need a license and become a member of the Tennessee crop Improvement Association along with names and addresses of 3 letters of recommendation. For hemp processing, any person who processes industrial hemp for distribution in commerce shall annually register with TDA(Tennessee department of agriculture).
Future of Delta 8 in Tennessee
Delta 8’s future in Tennessee appears promising. The Tennessee legislature had implemented Industrial hemp programs even before the passing of the farm bill and working to decriminalize medical marijuana, showing that Tennessee is serious about the importance, progress, and benefits these compounds can provide for the state.
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