Are THC Gummies Legal in Tennessee?
CGO & Co-founder of Sunday Scaries THC Aficionado Legalization & Mental Health Advocate
Beau Schmitt is an expert on cannabinoid studies, with an emphasis on Tetrahydrocannabinol (THC). He has pioneered innovative cannabis solutions...
These THC Gummies Are Legal In Tennessee
Delta-9 Gummies
Hemp-Derived vs. Marijuana-Derived THC Gummies: What's the Difference?
Many potential customers who are interested in cannabis gummies don't understand which ones are legal.
Don't worry, this is a common question we receive here at Sunday Scaries.
To shed light on this (and before we dive into Tennessee's legal status specifically), it's important to highlight the differences of hemp-derived and marijuana-derived THC.
Under the 2018 Farm Bill, hemp-derived THC edible, including gummies, are federally legal if they contain less than 0.3% Delta-9 THC by dry weight. The way brands like us interpret this, is that you can put 15mg+ of THC into the gummy and still be within threshold.
This 2018 Farm Bill provision allows for the sale of hemp-derived Delta-9 THC gummies in Tennessee.
In contrast, marijuana-derived THC products are extracted from a different plant entirely (marijuana instead of hemp) and the plants contain a THC concentration that exceeds 0.3%, making them illegal at both the federal and Tennessee state levels.
The crazy thing about this rule is that the THC from both hemp and marijuana are chemically identical, they are the same final compound once broken down.
Regardless, Tennessee prohibits marijuana use for both recreational and medical purposes, so even marijuana-derived THC gummies for medical treatment are not allowed in the state.
Bill SB 0378: Tennessee’s Recent Amendments & Updates on Hemp-Derived THC Products
Tennessee's SB 0378 was signed into law on May 11, 2023. It was designed to regulate the sale and distribution of hemp-derived cannabinoids, such as Delta-8 and Delta-9 THC, within the state.
It followed suit with the 2018 Farm Bill, adhering to federal guidelines, while also tackling labeling issues and preventing the sale of cannabis edibles to minors.
In July 2024, Tennessee tacked on new emergency amendments to SB 0378 to increase the safety requirements for brands to follow and to further limit access to hemp-derived THC gummies for adults only:
1. Age Restriction:
SB 0378 mandates that all customers of hemp-derived THC products, including gummies, are required to be 21 years old or older. Retailers must verify the age of customers at the point of sale to ensure compliance. This follows suit with how alcohol is purchased, and in theory should be easy to implement.
2. Behind-the-Counter Sales:
SB 0378 requires hemp-derived THC gummies to be shelved and sold from behind the counter. This means that they can't be stored in the aisles or end caps of stores. This change aims to limit unauthorized access and theft, similar to how alcohol and tobacco products are managed.
3. Child-Safe Packaging and Secure Storage:
Under SB 0378, child-resistant packaging is mandatory for all hemp-derived THC products. This is the same practice used for prescription medication. THC gummies can be mistaken for non-psychoactive candy, so this measure is put in place to mitigate that risk.
4. QR Code Requirement for Transparency:
Each hemp-derived THC container must display a QR code on the packaging. When scanned, this code must link to third-party lab results, allowing consumers to verify the cannabinoid profile, check the THC dosage, and ensure there are no contaminants like heavy metals or pesticides. This feature enhances transparency and supports consumer trust (it should honestly be required for all supplements).
Tennessee’s strict and reasonable requirements highlight the state’s commitment to allowing legal sales of hemp-derived THC products, while also ensuring consumer protections.
Recent Developments in Tennessee’s Cannabis Laws
In recent years, Tennessee lawmakers have proposed several bills to allow for medical marijuana use, citing potential therapeutic benefits for residents with chronic health issues.
However, none have passed into law due to conservative viewpoints in the Volunteer State.
The most recent bill, which passed through the Senate in 2023, ultimately failed in the House, sparking discussions across the state.
Advocates for legalization argue that medical marijuana could provide relief for numerous health conditions and would help collapse the black market, but opponents are concerned about public safety issues and people gaming the system.
In the absence of medical marijuana, hemp-derived THC products online have been surging as a legal option for managing stress and sleep issues.
This spike in demand is big reason why the SB 0378 amendments were put in place.
Key Takeaways for Tennessee Consumers and Retailers
For those interested in buying or selling THC gummies in Tennessee, here are the main points to remember:
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Legal for Hemp, Illegal for Marijuana: Only hemp-derived THC gummies are legal in Tennessee, while marijuana-derived products are not permitted for any use (whether for recreational or medical purposes).
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SB 0378 Compliance: Tennessee requires purchasers to be at least 21, all products must be stored behind the counter out of reach from minors, containers must be child-resistant and QR codes should be placed on the packaging which lead the user to 3rd party lab results.
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Stay Informed: THC laws in Tennessee and the United States in general are in constant flux. Consumers and retailers should stay current with local regulations to ensure they are in compliance.
Conclusion
Tennessee’s approach to THC gummies is mostly conservative, prohibiting marijuana-derived edibles while allowing hemp-derived THC edibles under specific state-driven regulations.
If you live in the Volunteer State and plan to order THC gummies online, ensure they are hemp-derived and contain no more than .3% THC in the final product. You can check the brand's COA (certificate of analysis) which shows third party lab results to ensure the product is compliant.
Frequently Asked Questions
Are THC gummies legal in other states?
For a comprehensive list and detailed map of the legality of THC gummies, check out our master article: Are THC Gummies Legal?
