Is Delta-8 THC Legal in Tennessee?

Despite the federal crackdown, delta-8 remains completely legal in the state of Tennessee.

Delta-8 THC flower sold in Tennessee

Hemp-derived delta-8 THC is legal to purchase, use, possess, sell, distribute, and produce in the state of Tennessee. 

Why is delta-8 legal in Tennessee? Because Tennessee state law falls in line with the Agriculture Improvement Act (2018 Farm Bill), a groundbreaking piece of federal legislation legalizing hemp and hemp-derived cannabinoids including delta-8, delta-10, and CBD. 

For delta-8 to be legal in Tennessee, it must be sourced from hemp carrying no more than 0.3% delta-9 THC. Likewise, all delta-8 products must only carry 0.3% delta-9 as well. Anything above this limit and it’s immediately categorized as marijuana, which is a controlled drug under state and federal law.

Is delta-8 legal in Tennessee?

  • Delta-8 is legal to purchase, use, possess, sell, distribute, and produce in Tennessee under state and federal law
  • For delta-8 to be legal in Tennessee, it must be sourced from hemp carrying no more than 0.3% delta-9 THC
  • You can freely purchase delta-8 products from online and physical stores operating in Tennessee
  • You can also have delta-8 products shipped into the state 
  • CBD and delta-10 THC derived from hemp are also legal and protected under state and federal law

The legislation on delta-8 in Tennessee

Following the enactment of the federal 2018 Farm Bill, Tennessee passed Senate Bill 354. SB. 354 removed hemp from the definition of marijuana and descheduled all hemp-derived cannabinoids from the state’s own controlled substances list, including delta-8 and delta-10 THC. This means delta-8, delta-10, CBD, CBN, and all other plant compounds derived from hemp are officially legal in Tennessee. 

Is recreational and medical marijuana legal in Tennessee? 

Marijuana flower sold in Tennessee

No. Recreational and medical marijuana is strictly prohibited in the state of Tennessee. Delta-8 THC derived from marijuana is also prohibited in almost all circumstances. 

Several legislative attempts to legalize medical marijuana have failed. The most recent attempt was Sen. Janice Bowling’s SB. 854, which sought to legalize medical cannabis for patients with qualifying conditions and establish the Tennessee Medical Cannabis Commission to regulate its production. 

Unfortunately, the bill was rejected in March 2021 by the Senate Judiciary Committee, but there’s still hope. 

Senator Ferrell Haile’s SB. 118 has recently been approved by the Senate. This bill is set to create a study commission on medical cannabis in Tennessee. The team will look at how best to establish an effective, patient-focused medical marijuana program. The team will report its findings to the legislature no later than January 2022.

Nashville cannabis decriminalization 

In June 2020, Nashville essentially decriminalized minor cannabis possession. The Nashville District Attorney’s Office will no longer prosecute individuals caught in possession of less than half an ounce of marijuana. 

Does this mean delta-8 THC in marijuana is decriminalized in Nashville? Technically speaking, yes it is, but only in natural quantities. 

Buying delta-8 THC in Tennessee

Delta-8 thc pre-rolls sold in Tennessee
Delta-8 products sourced from hemp are legal to buy in Tennessee.

Buying delta-8 in Tennessee is perfectly legal and easily accessible. You can purchase through delta-8 THC products online or through licensed CBD dispensaries, many of which are located in the Nashville, Knoxville, and Cookeville areas. 

Which online delta-8 brands ship to Tennessee?

We understand not everyone in Tennessee has easy access to physical CBD dispensaries, which is why purchasing delta-8 online is the most convenient avenue you can take. 

There are many online delta-8 companies to choose from. Knowing which ones are legit or not is a struggle many face, especially when you consider the hemp industry’s lack of regulatory oversight. 

To help you out, we have tested and reviewed the best delta-8 THC products currently operating and ready to ship to your address in Tennessee. 

If you’re looking to buy edibles, here are the best delta-8 THC gummies we recommend. If you’re looking for quality vapes, check out these potent delta-8 vape cartridges.

What type of delta-8 THC is legal in Tennessee? 

Delta-8 THC derived from Farm Bill compliant hemp carrying no more than 0.3% delta-9 is legal in Tennessee. You cannot purchase, use, or produce any delta-8 products from marijuana carrying more than 0.3% THC limit. It’s illegal under state law. First-offense for possession is a misdemeanor punishable by up to one year in prison. 

Related: What’s the Difference Between Delta-8 and Delta-9 THC?

Can you travel to Tennessee with delta-8?

Yes. You can travel into Tennessee with any hemp-derived delta-8 THC product carrying no more than 0.3% THC. Tennessee state law does not prohibit the transportation of hemp and hemp-derived products across its borders.

However, if you have hemp-derived delta-8 products in your possession and state border forces do a stop and search, we recommend keeping proof of receipts and Certificates of Analysis with you. Why? Because these documents help verify the legality of your delta-8 products.

Can I travel to Tennessee with marijuana-derived delta-8 THC? 

No. You are not permitted to travel into Tennessee with marijuana-derived delta-8 THC in your possession. Recreational marijuana is strictly forbidden in the state. Medical marijuana is legal but with limitations. 

If you’re caught with marijuana-derived delta-8 THC products in your possession, you could face a substantial fine or jail time depending on the quantity. Best to leave it at home if you’re in a legalized state. 

Is delta-10 THC legal in Tennessee?

Yes. Like delta-8, delta-10-tetrahydrocannabinol (delta-10 THC) is protected under state and federal law. 

For delta-10 to be legal in Tennessee, it must be derived from hemp plants carrying no more than 0.3% delta-9 THC. You cannot purchase, use, or produce delta-10 products derived from marijuana carrying over the 0.3% THC limit. 

Is CBD legal in Tennessee?

Yes. CBD is legal to purchase, use, and produce in Tennessee, provided it’s sourced from hemp carrying up to the federal 0.3% THC limit. If the THC percentage is higher than 0.3%, it’s immediately classified as marijuana. 

Marijuana in Tennessee is heavily regulated. You cannot purchase marijuana-derived CBD products through licensed online stores or dispensaries. 

The use of CBD oil derived from marijuana

CBD oil derived from marijuana is permitted in Tennessee under certain restrictions. In 2016, the Tennessee state government successfully passed Senate Bill 2125. This piece of legislation changed the state’s definition of hemp, allowing universities access to CBD oils carrying up to 0.9% THC for clinical research purposes.

Senate bill 2125 discussing delta-8 legality in Tennessee

Upcoming legislation in Tennessee that could change legality of delta-8?

Thankfully, no upcoming Tennessee state legislation seeks to change delta-8 THC’s legality within the state.

However, there are currently 18 U.S. states regulating, restricting, or prohibiting delta-8 THC products due to pressure from the federal government and the Drug Enforcement Agency (DEA). 

Related: Where is Delta-8 Legal in the United States?

The DEA issued an Interim Final Rule (IFR) in mid-2020 attempting to verify delta-8’s legality, questioning whether or not it belongs on the federal list of controlled substances as a synthetic cannabinoid. As a result, states have preemptively restricted or banned delta-8. 

Will Tennessee restrict or ban delta-8 THC?

Despite no upcoming Tennessee legislation seeking to prohibit delta-8 or place it on the state’s list of controlled substances, federal pressure is growing at an alarming rate. As mentioned, 18 U.S. states have taken measures to regulate or ban delta-8 THC products, 15 of which happened over the past 6-8 months. 

Does this mean Tennessee will follow suit? No one knows. Do we think it could happen? Of course. Nothing is outside the realm of possibility when it comes to state and federal law on delta-8. Right now, delta-8 is here to stay in Tennessee, but for how long? Who knows. Enjoy it while it’s available to you.