NASHVILLE, Tenn. (WSMV) – New rules regarding hemp-derived cannabinoid products could affect what products are sold in stores.
On Sept. 27, the Tennessee Department of Agriculture promulgated and filed permanent rules for hemp producers, retailers and suppliers of hemp-derived cannabinoid products.
One of the new rules includes how the hemp will be tested.
According to the Tennessee Department of Agriculture, any sample test that exceeds the allowable limit is ground for embargo, recall, remediation and or destruction of the entire batch represented by the sample.
HDC products in commerce to an HDC supplier licensee must have a sample test result of less than 5% THC value post-decarboxylation.HDC products in commerce to any person who is not an HDC supplier licensee must have a sample test result of less than 0.3% THC value post-decarboxylation.
According to the Code of Federal Regulations, the post-decarboxylation value is calculated by using a chromatograph technique using heat and gas chromatography.
According to some store owners, smokeable products would be illegal if they were tested in this way.
Currently, the state tests to make sure each product is below 0.3% of the legal THC level. Any product that has above 0.3% of the THC level is classified as marijuana.
State lawmakers already implemented a 6% hemp tax on July 1, 2023, on all products and made it illegal to sell to anyone under 21 years old.
The Tennessee Department of Agriculture sent WSMV 4 the following statement:
The Tennessee Department of Agriculture filed permanent rules for hemp and hemp-derived cannabinoid products on September 27, 2024. These permanent rules go into effect on December 26, 2024.
The Department’s rules are crafted for operation of our regulatory programs for hemp and hemp-derived cannabinoid products. The Department’s authority for these rules and the allowable limit for THC and required testing method for hemp and hemp-derived products are prescribed by the legislature in state statutes. The permanent rules do not change those laws and the rules regulate, not ban, hemp and hemp-derived cannabinoid products, including THCa.
Details and links to the rules, including the Department’s responses to public hearing comments, can be found on the TDA website on the Hemp-Derived Cannabinoids page.
The new rules are set to take effect on Dec. 26, 2024. To read the new rules, click here.
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According to some store owners, smokeable products would be illegal if they were tested in this way. Read More