As of December 24, 2024, the legal status of tetrahydrocannabinolic acid (THCa) in Tennessee is under significant scrutiny due to impending regulatory changes and ongoing legal challenges.

 

Background on THCa and Proposed Regulations

 

THCa is a non-psychoactive cannabinoid found in raw cannabis plants, which converts to delta-9 THC when heated, producing psychoactive effects. Historically, products containing THCa have been legally sold in Tennessee under the federal definition of hemp, provided they contain less than 0.3% delta-9 THC.

 

In 2023, the Tennessee General Assembly passed legislation granting the Tennessee Department of Agriculture (TDA) authority to regulate hemp-derived products. The TDA subsequently proposed rules to redefine hemp products by setting a combined THC content limit (including both delta-9 THC and THCa) of no more than 0.3%. These rules are scheduled to take effect on December 26, 2024, effectively prohibiting the sale of many THCa products currently available in the state.

 

Legal Challenges and Injunction Efforts

 

In response to the proposed regulations, industry groups such as the Tennessee Growers Coalition and the Tennessee Healthy Alternatives Association have filed lawsuits seeking to halt the implementation of these rules. They argue that the TDA has exceeded its authority and that the new rules conflict with existing laws regulating hemp products. These groups are seeking an immediate preliminary injunction in Davidson County Chancery Court to prevent the rules from taking effect.

 

Current Status and Implications

 

As of now, the proposed rules are set to become effective on December 26, 2024. If implemented, they would ban the sale of THCa products exceeding the total THC threshold, potentially leading to significant economic impacts on the state’s hemp industry, which has been valued between $200 million and $580 million annually.

 

The outcome of the legal challenges remains pending. A court hearing is expected shortly to address the request for an injunction. Until a judicial decision is rendered, the future legality of THCa products in Tennessee remains uncertain.

 

Conclusion

 

The situation regarding THCa in Tennessee is rapidly evolving. Stakeholders, including consumers and businesses involved in the hemp industry, should stay informed about the latest developments to understand how the forthcoming regulations and legal proceedings may affect them.