NASHVILLE, Tenn. (WSMV) – A nonprofit advocating for the production and sale of hemp in the state of Tennessee is suing the Department of Agriculture over a set of “emergency” rules that were published in late June.
The Tennessee Growers Coalition filed the suit against the Tennessee Department of Agriculture on Sept. 6 citing that the Tennessee Uniform Administrative Procedures Act forbids an agency from enacting emergency rules “based upon the agency’s failure to timely process and file rules through the normal rulemaking process.”
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The nonprofit states that the TDOA published “emergency” rules in an attempt to establish a licensing program for retailers and suppliers of hemp-derived products by July 1 — rather than issue proposed final rules based on hearings held in 2023.
“Rather than issue the Proposed Final Rules based on the lengthy and public process it started the prior year, the Department abandoned the rulemaking process, and no final rules were promulgated following the public hearing,” the suit states.
The nonprofit accused the TDOA of unlawful rulemaking and was seeking to have the rules become void, and unenforceable, calling for a hearing along with a temporary restraining order and a temporary injunction against the “emergency” rules.
However, a few days later the court denied the nonprofit’s request for a temporary restraining order against the TDOA. A hearing to determine whether a temporary injunction will be put in place is set for Sept. 19.
In 2023 a law (SB 0378) was passed regulating the production and sale of hemp-derived cannabinoids, including products known as delta-8 and delta-10. The law, which went into effect on July 1, 2024, set forth laws, enforcements, taxes, licenses, testing, labeling and safety requirements, applicability, rulemaking, and more for hemp-derived products.
“Under the emergency rules, the Department will enforce all statutory and licensing requirements. The final rules will be completed as soon as possible,” the Tennessee Dept. of Agriculture said. “A licensing program was put in place on July 1, 2024 for the department to accept applications for licensure of retailers and suppliers of hemp-derived cannabinoid (HDC) products. Licensing information, including the digital application form, is available here.”
The department began issuing licenses and reaching out to businesses in July to educate them about requirements. The license requirements will be enforced beginning Oct. 1.
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The nonprofit accused the TDOA of unlawful rulemaking in the lawsuit. Read More