The most popular hemp product in Tennessee will likely soon be pulled from shelves after lawmakers on Thursday voted to pass a bill placing limits on THCa.
The bill also moves oversight of legal hemp sales from agriculture to alcohol regulators, taking effect by the start of 2026, and changes how products are taxed and where they can be sold.
“It closes what’s become known as the lettuce loophole,” Sen. Randy McNally, R-Oak Ridge, said after the vote passed.
(READ MORE: Tennessee hemp could be overseen by alcohol regulators under proposed bill)
Hemp retailers estimate that THCa flower makes up between 60 and 90% of sales across the state.
“I feel like we’re trying to push the genie back, push something back into the bottle that’s already out,” Sen. Jeff Yarbro, D-Nashville, said in a recent committee hearing. “I don’t think that’s going to work.”
But some lawmakers and officials have argued that it was a loophole and lack of understanding that kept THCa legal after hemp was regulated in Tennessee in 2023.
THCa is the acid precursor to delta-9 THC, which is the main component in illegal marijuana that produces a high. When heated (by smoking, vaping, cooking or over time) the acid converts to delta-9, meaning it can provide a similar effect to marijuana.
“Sold to look like, act like, and yes, get folks intoxicated, just like marijuana,” Rep. William Lamberth, R-Portland, said in a recent hearing.
The 2023 law only placed limits on how much delta-9 can be in legal products, not on THCa or the much less-known but potentially more dangerous THCp. The bill passed Thursday would limit both to less than 0.3% concentration.
“This is a loophole we’re trying to close with this,” Sen. Ferrell Haile, R-Gallatin, said in a committee hearing. Gallatin co-sponsored another bill attempting to ban THCa and THCp that did not pass this session.
An ongoing lawsuit could also affect the legality of THCa and smokeable flower.
“In my opinion, it’s not a bad idea to tap the brakes on this and see how the lawsuit works out,” Sen. Kerry Roberts, R-Springfield, said on the Senate floor.
When arguing for stricter restrictions on hemp, lawmakers have often talked about making sure children don’t have access to the products. The 2023 bill added requirements for packaging, displays and identity checks meant to make it harder for children to get a hold of intoxicating hemp.
“Our No. 1 job is to protect the children of Tennessee,” Sen. Paul Rose, R-Covington, said on the floor. “We have got to stop it. I’m not saying this bill is perfect, but what we’ve got right now is not right.”
Sen. Page Walley, R-Savannah, compared the changes to hemp regulations, which have required the hemp industry to constantly monitor the product’s legal status, to Nico Iamaleava deciding to enter the transfer portal after making a commitment to the University of Tennessee.
When the state regulated hemp in 2023, it effectively made an agreement with hemp sellers to operate based on those rules, Walley said.
“With this bill, I’m afraid we’re Nico’ing our citizens,” Walley said.
Contact Ellen Gerst at egerst@timesfreepress.com or 423-757-6319.
The most popular hemp product in Tennessee will likely soon be pulled from shelves after lawmakers on Thursday voted to pass a bill placing limits on THCa. Read More
