Is Delta-9 THC (hemp-derived) Legal in Tennessee? (2026)

Instrument

Hemp-derived cannabinoid (HHC included) / synthetic cannabinoid (excluded) definitions and prohibited-acts offense

Source

https://publications.tnsosfiles.com/acts/114/pub/pc0526.pdf

Retrieved

2026-07-19

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(3) "Hemp-derived cannabinoid": (A) Means: (i) A cannabinoid other than delta-9 tetrahydrocannabinol, or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one-tenth of one percent (0.1%); (ii) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis; or (iii) A hemp-derived product containing a total THC content or a total theoretical THC content of not more than three-tenths of one percent (0.3%) on a dry weight basis; (B) Includes, but is not limited to: (i) Delta-8 tetrahydrocannabinol; (ii) Delta-10 tetrahydrocannabinol; (iii) Hexahydrocannabinol; and (iv) Tetrahydrocannabivarin (THCv); and (C) Does not include: (i) Cannabichromene (CBC/CBCa/CBCv); (ii) Cannabicitran (CBT/CBTa); (iii) Cannabicyclol (CBL/CBLa); (iv) Cannabidiol (CBD/CBDa/CBDv/CBDp); (v) Cannabielsoin (CBE/CBEa); (vi) Cannabigerol (CBG/CBGa/CBGv/CBGm); (vii) Cannabinol (CBN/CBNa); (viii) Cannabivarin (CBV/CBVa); (ix) Hemp-derived feed products allowed under title 44, chapter 6; (x) Hemp-derived fiber, grain, or stalk; provided, that the product does not contain a hemp-derived cannabinoid in a concentration of more than three-tenths of one percent (0.3%) on a dry weight basis; (xi) Tetrahydrocannabinolic acid (THCa) in a concentration greater than three-tenths of one percent (0.3%) on a dry weight basis; (xii) Tetrahydrocannabiphorol (THCp); (xiii) A synthetic cannabinoid; or (xiv) A substance that is categorized as a Schedule I controlled substance on or after July 1, 2023, including a substance that may be identified in subdivision (3)(B). (10) "Synthetic cannabinoid" means a substance with an identical or substantially similar chemical structure to or the pharmacological activity of a cannabinoid, but that is not extracted from hemp or hemp plant parts or derived from hemp or hemp plant parts. Prohibited acts: (a) It is an offense to manufacture, cultivate, produce, or sell in this state: (1) Hemp, harvested hemp, hemp plant parts, HDCPs, or another product that contains a total THC content, or a total theoretical THC content, in excess of three-tenths of one percent (0.3%) on a dry weight basis; (2) A synthetic cannabinoid, or an HDCP or any other product, which contains a synthetic cannabinoid; or (3) A derivative of hemp or an HDCP that contains tetrahydrocannabiphorol (THCp). (b) A person who violates subsection (a) commits a Class A misdemeanor.

Instrument

Definitions (hemp-derived cannabinoid)

Source

https://publications.tnsosfiles.com/acts/114/pub/pc0526.pdf

Retrieved

2026-10-07

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57-7-102. Chapter definitions. As used in this chapter, unless the context otherwise requires: (3) "Hemp-derived cannabinoid": (A) Means: (i) A cannabinoid other than delta-9 tetrahydrocannabinol, or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one-tenth of one percent (0.1%); (ii) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis; or (iii) A hemp-derived product containing a total THC content or a total theoretical THC content of not more than three-tenths of one percent (0.3%) on a dry weight basis; (B) Includes, but is not limited to: (i) Delta-8 tetrahydrocannabinol; (ii) Delta-10 tetrahydrocannabinol; (iii) Hexahydrocannabinol; and (iv) Tetrahydrocannabivarin (THCv); and (C) Does not include: (i) Cannabichromene (CBC/CBCa/CBCv); (ii) Cannabicitran (CBT/CBTa); (iii) Cannabicyclol (CBL/CBLa); (iv) Cannabidiol (CBD/CBDa/CBDv/CBDp); (v) Cannabielsoin (CBE/CBEa); (vi) Cannabigerol (CBG/CBGa/CBGv/CBGm); (vii) Cannabinol (CBN/CBNa); (viii) Cannabivarin (CBV/CBVa); (ix) Hemp-derived feed products allowed under title 44, chapter 6; (x) Hemp-derived fiber, grain, or stalk; provided, that the product does not contain a hemp-derived cannabinoid in a concentration of more than three-tenths of one percent (0.3%) on a dry weight basis; (xi) Tetrahydrocannabinolic acid (THCa) in a concentration greater than three-tenths of one percent (0.3%) on a dry weight basis; (xii) Tetrahydrocannabiphorol (THCp); (xiii) A synthetic cannabinoid; or (xiv) A substance that is categorized as a Schedule I controlled substance on or after July 1, 2023, including a substance that may be identified in subdivision (3)(8); (4) "Hemp-derived cannabinoid product" or "HDCP": (A) Means a product that contains or that is labeled as containing a hemp-derived cannabinoid and that is produced, marketed, or otherwise intended to be ingested orally, inhaled, or absorbed through the skin, including hemp and hemp plant parts, and any product that may contain a hemp-derived cannabinoid that is extracted from hemp plants or hemp plant parts; and (B) Includes: (i) Intermediate products intended for subsequent use as a component in a later finished HDCP; and (ii) Except as excluded under subdivision (3)(C)(x), harvested hemp and hemp plant parts, otherwise known as hemp flower; (10) "Synthetic cannabinoid" means a substance with an identical or substantially similar chemical structure to or the pharmacological activity of a cannabinoid, but that is not extracted from hemp or hemp plant parts or derived from hemp or hemp plant parts; (12) "THC" means a tetrahydrocannabinol, tetrahydrocannabinolic acid, a THC component, or any derivative thereof; (13) "THC component" means a naturally occurring cannabinoid component of industrial hemp or hemp; (14) "Total THC" means a hemp-derived cannabinoid or a combination of tetrahydrocannabinol, tetrahydrocannabinolic acid, a THC component, or a derivative thereof; (15) "Total theoretical tetrahydrocannabinol content" or "total theoretical THC content" is the maximum amount of possible delta-9 tetrahydrocannabinol if total conversion were to occur, calculated as the sum of the concentration of delta-9 tetrahydrocannabinol added to the amount of tetrahydrocannabinolic acid after such amount is multiplied by eight hundred seventy-seven thousandths (0.877) on a dry weight basis and reported to two (2) significant figures, and expressed in a mathematical formula as follows: Total theoretical THC = ([delta 9 THC] + ([THCa] x 0.877)).

Instrument

43-27-209. Safety requirements for hemp-derived cannabinoid products -- Proper storage by consumer -- Prohibited advertising

Source

https://publications.tnsosfiles.com/acts/113/pub/pc0423.pdf

Retrieved

2026-07-18

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(a) A product containing a hemp-derived cannabinoid that is sold at retail must: (1) Satisfy the child-resistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in accordance with the requirements of 16 CFR 1700.20; and (2) Be labeled with: (A) A list of ingredients and possible allergens and a nutritional fact panel; (B) A warning statement concerning the risk of impairment from consumption of the product, keeping the product out of the reach of children, and other warning information as required by rule of the department of agriculture; (C) If the product is ingestible, the amount of cannabinoid in each serving of the product, measured in milligrams; (D) The total amount of hemp-derived cannabinoid in the entire package, measured in milligrams; (E) The net weight of the product; (F) A quick response (QR) code that can be scanned to access a website providing the product's batch number, date received, date of completion, method of analysis for the testing report required under Sec. 43-27-207, including information regarding results of the product's full-panel and potency tests conducted pursuant to Sec. 43-27-207(a); and (G) An expiration date. (b) A person who obtains a product containing a hemp-derived cannabinoid that is sold at retail shall store any unconsumed portion of the product in its original packaging. It is a Class C misdemeanor offense for a person to violate this subsection (b). (c) A retailer or supplier of a product containing a hemp-derived cannabinoid shall not advertise, market, or offer for sale a product containing a hemp-derived cannabinoid by using, in the labeling or design of the product or product packaging or in advertising or marketing materials for the product trade dress, trademarks, branding, or other related imagery or scenery that depicts or signifies characters or symbols known to appeal primarily to persons under twenty-one (21) years of age, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, and unicorns or other mythical creatures. (d) An ingestible product containing a hemp-derived cannabinoid shall not: (1) Be sold in a serving that contains more than twenty-five (25) milligrams, in the aggregate, of one (1) or more hemp-derived cannabinoids; or (2) Be formed into the shape of an animal or cartoon character. (e) The department of agriculture is authorized to promulgate rules for the packaging, labeling, and display of products containing a hemp-derived cannabinoid that are offered for sale in this state.

Instrument

Chapter definitions -- Hemp-derived cannabinoid; Synthetic cannabinoid; Total (theoretical) THC

Source

https://publications.tnsosfiles.com/acts/114/pub/pc0526.pdf

Retrieved

2026-07-02

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57-7-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

(3) "Hemp-derived cannabinoid":
(A) Means:
(i) A cannabinoid other than delta-9 tetrahydrocannabinol, or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one-tenth of one percent (0.1%);
(ii) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis; or
(iii) A hemp-derived product containing a total THC content or a total theoretical THC content of not more than three-tenths of one percent (0.3%) on a dry weight basis;
(B) Includes, but is not limited to:
(i) Delta-8 tetrahydrocannabinol;
(ii) Delta-10 tetrahydrocannabinol;
(iii) Hexahydrocannabinol; and
(iv) Tetrahydrocannabivarin (THCv); and
(C) Does not include:
(i) Cannabichromene (CBC/CBCa/CBCv);
(ii) Cannabicitran (CBT/CBTa);
(iii) Cannabicyclol (CBL/CBLa);
(iv) Cannabidiol (CBD/CBDa/CBDv/CBDp);
(v) Cannabielsoin (CBE/CBEa);
(vi) Cannabigerol (CBG/CBGa/CBGv/CBGm);
(vii) Cannabinol (CBN/CBNa);
(viii) Cannabivarin (CBV/CBVa);
(ix) Hemp-derived feed products allowed under title 44, chapter 6;
(x) Hemp-derived fiber, grain, or stalk; provided, that the product does not contain a hemp-derived cannabinoid in a concentration of more than three-tenths of one percent (0.3%) on a dry weight basis;
(xi) Tetrahydrocannabinolic acid (THCa) in a concentration greater than three-tenths of one percent (0.3%) on a dry weight basis;
(xii) Tetrahydrocannabiphorol (THCp);
(xiii) A synthetic cannabinoid; or
(xiv) A substance that is categorized as a Schedule I controlled substance on or after July 1, 2023, including a substance that may be identified in subdivision (3)(8);

(4) "Hemp-derived cannabinoid product" or "HDCP":
(A) Means a product that contains or that is labeled as containing a hemp-derived cannabinoid and that is produced, marketed, or otherwise intended to be ingested orally, inhaled, or absorbed through the skin, including hemp and hemp plant parts, and any product that may contain a hemp-derived cannabinoid that is extracted from hemp plants or hemp plant parts; and
(B) Includes:
(i) Intermediate products intended for subsequent use as a component in a later finished HDCP; and
(ii) Except as excluded under subdivision (3)(C)(x), harvested hemp and hemp plant parts, otherwise known as hemp flower;

(10) "Synthetic cannabinoid" means a substance with an identical or substantially similar chemical structure to or the pharmacological activity of a cannabinoid, but that is not extracted from hemp or hemp plant parts or derived from hemp or hemp plant parts;

(12) "THC" means a tetrahydrocannabinol, tetrahydrocannabinolic acid, a THC component, or any derivative thereof;

(13) "THC component" means a naturally occurring cannabinoid component of industrial hemp or hemp;

(14) "Total THC" means a hemp-derived cannabinoid or a combination of tetrahydrocannabinol, tetrahydrocannabinolic acid, a THC component, or a derivative thereof;

(15) "Total theoretical tetrahydrocannabinol content" or "total theoretical THC content" is the maximum amount of possible delta-9 tetrahydrocannabinol if total conversion were to occur, calculated as the sum of the concentration of delta-9 tetrahydrocannabinol added to the amount of tetrahydrocannabinolic acid after such amount is multiplied by eight hundred seventy-seven thousandths (0.877) on a dry weight basis and reported to two (2) significant figures, and expressed in a mathematical formula as follows:
Total theoretical THC = ([delta 9 THC] + ([THCa] x 0.877)).

Instrument

57-7-110. Safety requirements for hemp-derived cannabinoid products - Proper storage - Prohibited advertising (serving and package caps)

Source

https://publications.tnsosfiles.com/acts/114/pub/pc0526.pdf

Retrieved

2026-07-22

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(a)(1) Except as provided in subdivisions (a)(2)-(5), an HDCP that is sold at retail must: (A) Satisfy the child-resistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in accordance with the requirements of 16 CFR 1700.20; (B) Be packaged in a single package or container that contains no more than the milligram equivalent of twenty (20) servings, or three hundred (300) milligrams of hemp-derived cannabinoids, in the aggregate, in a manner to be determined by the commission by rule; and (C) Be labeled with: (i) A list of ingredients and possible allergens and a nutritional fact panel; (ii) A conspicuous warning statement having a minimum font size of eleven-point font concerning the risk of impairment from consumption of the product, keeping the product out of the reach of children, and other warning information as required by rule of the commission; (iii) If the product is ingestible or inhalable in cartridge form, the amount of hemp-derived cannabinoid in each serving of the product, measured in milligrams; (iv) The total amount of hemp-derived cannabinoid in the entire package, measured in milligrams; (v) The net weight of the product; (vi) A quick response (QR) code that can be scanned to access a website providing the product's batch number, date received, date of testing completion, and method of analysis for the testing report required under Sec. 57-7-107, including information regarding results of the product's full-panel and potency tests conducted pursuant to Sec. 57-7-107(a); (vii) An expiration date; and (viii) For hemp plant parts or hemp flower, the percentages and identity of each hemp-derived cannabinoid present in the HDCP. (2) For HDCP beverage products, if the HDCP: (A) Is a beverage product other than such product described in subdivision (a)(2)(B), the container must utilize a traditional pull-tab, an aluminum can device currently approved for soft drinks and malt beverages, or a screw-top or cork-style cap used for containers of wine and other alcoholic beverage products; or (B) Is in a container with a volume equal to or less than seven hundred fifty milliliters (750 ml) and contains more than one (1) serving, the container must be resealable in a manner to support multi-day use. (3) For HDCPs in cartridge form, the HDCP must be packaged in a single cartridge that contains not more than forty (40) servings, not to exceed five hundred (500) milligrams per cartridge. (4) For hemp plant parts and hemp flower, the HDCP must be packaged in a single package or container that contains not more than one-half (0.5) of an ounce by weight of HDCP, regardless of the milligram content of hemp-derived cannabinoids in such hemp plant parts or hemp flower. (5) For HDCPs in the form of a smokeless pouch that contains a hemp-derived cannabinoid for ingestion or absorption, be sold in a single container or tin that contains no more than fifteen (15) pouches, and no more than six (6) milligrams of hemp-derived cannabinoids per pouch. (b) A person who obtains an HDCP that is sold at retail shall store any unconsumed portion of the product in its original packaging. It is a Class C misdemeanor offense for a person to violate this subsection (b). (c) A retailer or supplier of an HDCP shall not advertise, market, or offer for sale an HDCP by using, depicting, or signifying, in the labeling or design of the product or product packaging, or in advertising or marketing materials for the product, trade dress, trademarks, branding, or other related product imagery or scenery, characters, or symbols known to appeal primarily to persons under twenty-one (21) years of age, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, or unicorns or other mythical creatures. (d) An HDCP mixed or infused with, or otherwise used as an ingredient in, beer or alcoholic beverages, must not be manufactured, sold, provided, or served to a consumer in this state and is otherwise strictly prohibited. (e) An HDCP must not be labeled or otherwise marketed to make any health-related claims, including, but not limited to, claims pertaining to diagnoses, cures, or mitigation or treatment of any human disease or other condition. (f) Except as provided in subdivisions (a)(2)-(5), an ingestible HDCP containing a hemp-derived cannabinoid must not: (1) Be sold in a serving that contains more than fifteen (15) milligrams, in the aggregate, of one (1) or more hemp-derived cannabinoids; (2) If the HDCP is a hemp-derived cannabinoid beverage product, be sold: (A) Except as provided in this subdivision (f)(2), in a container that contains more than two (2) servings; (B) In a container with a volume greater than seven hundred fifty milliliters (750 ml), unless the container is a standard fifteen- and one-half gallon (15.5 gal.) keg container or a seven- and three-fourths gallon (7.75 gal.) keg container of HDCP beverage product for wholesale sale to a retail licensee only for retail sale in single servings by the glass; or (C) In a concentration greater than fifteen (15) milligrams of one (1) or more hemp-derived cannabinoids per serving, with the maximum amount of milligrams of hemp-derived cannabinoids per container calculated by multiplying the standard number of servings per type of container by fifteen (15) milligrams; or (3) Be formed into the shape of an animal or cartoon character. (g) The commission may promulgate rules for the packaging, labeling, and display of HDCPs that are offered for sale in this state.

Instrument

Unlawful to manufacture, cultivate, produce, or sell certain cannabinoids

Source

https://publications.tnsosfiles.com/acts/114/pub/pc0526.pdf

Retrieved

2026-07-02

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57-7-114. Unlawful to manufacture, cultivate, produce, or sell certain cannabinoids.

(a) It is an offense to manufacture, cultivate, produce, or sell in this state:
(1) Hemp, harvested hemp, hemp plant parts, HDCPs, or another product that contains a total THC content, or a total theoretical THC content, in excess of three-tenths of one percent (0.3%) on a dry weight basis;
(2) A synthetic cannabinoid, or an HDCP or any other product, which contains a synthetic cannabinoid; or
(3) A derivative of hemp or an HDCP that contains tetrahydrocannabiphorol (THCp).
(b) A person who violates subsection (a) commits a Class A misdemeanor.

Instrument

Tenn. Pub. Ch. 526 (2025) (HB 1376), Tenn. Code tit. 57, ch. 7

Source

https://www.tn.gov/abc/public-information-and-forms/newsroom/2025/6/11/information-release--tabc-reminds-hemp-businesses-of-current-regulations-and-addresses-upcoming-changes.html

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2026-10-07

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[TABC information release, June 11, 2025:] "House Bill 1376 was enacted as Public Chapter 526." [Oversight moves to TABC] "on January 1, 2026." "Suppliers must ensure that all products do not exceed a total THC concentration of 0.3% on a dry weight basis." [Products with THCa] "exceeding 0.3% on a dry weight basis" [are prohibited.] [Retail sales] "only to individuals aged 21 and over." "Separate licensing will be required for suppliers, wholesalers, and retailers of HDC products." [Statute text in Tenn. Code 57-7 not fetched; agency summary used.]