Is CBD Oil Legal in Tennessee?

Is CBD Oil Legal in Tennessee?

Yes, hemp-derived CBD oil and other hemp-based products are legal in Tennessee. The state updated its hemp laws in 2017 when it passed HB 1164 to expand access to hemp containing no more than 0.3% THC. This is in tandem with the 2018 Farm bill that legalized all industrial hemp products and removed hemp from the list of illegal controlled substances. While hemp-based CBD products are legal in Tennessee, the state generally prohibits the possession and use of marijuana-derived CBD oil or products by consumers due to the high concentration of THC. Besides, marijuana remains illegal in Tennessee for recreational and medical purposes.

What are Tennessee CBD Laws in 2024?

It is legal to possess and use CBD in Tennessee, provided it is derived from hemp and has a THC content not exceeding 0.3% in compliance with the 2018 Farm Bill. To clarify the difference between hemp and marijuana, Tennessee passed SB 2125 into law in 2016. SB 2125 describes industrial hemp as cannabis with less than 0.6% THC. The bill amended the existing Tennessee marijuana law to remove cannabis oils with less than 0.6% THC concentration from the definition of marijuana. Later in 2016, the state signed HB 1044 into law to permit the cultivation, manufacturing, and distribution of cannabis containing less than 0.9% of THC to qualifying patients by authorized state universities.

The State of Tennessee updated its hemp laws in 2017 by enacting HB 1164, a bill that expanded access to hemp so long it contains 0.3 THC or less. This bill enabled Tennessee to push the state's hemp plan forward to the United States Department of Agriculture (USDA) for approval. In July 2020, the USDA approved the Tennessee hemp plan, paving the way for a succession of regulations regarding hemp production in the state.

What are Tennessee CBD Possession Limits?

Tennessee CBD laws do not specify possession limits or restrictions for hemp-based CBD oil or other hemp-derived CBD products. However, any CBD products in the state must meet the legal requirements for hemp (no more than 0.3% THC) to be considered legal. Qualifying patients under the Tennessee medical CBD program may be able to obtain CBD products with a slightly higher THC concentration. Any CBD products with higher THC content are deemed cannabis products in the state and are prohibited. Tennessee CBD laws permit only persons 18 years and older to purchase and possess CBD.

Can Doctors Prescribe CBD Oil in Tennessee?

In Tennessee, a person does not require a doctor's prescription to access or purchase hemp-based CBD oil or any hemp-derived CBD products. The only exception is for patients with certain qualifying medical conditions under the state's medical CBD program who use CBD products with THC concentrations between 0.3% and 0.9%. The qualifying medical conditions include the following:

• Amyotrophic lateral sclerosis (ALS)
• Epilepsy
• Alzheimer's disease
• Cancer, if treatment leads to wasting illness, pain, or nausea or if diagnosed as end-stage
• Multiple sclerosis
• Parkinson's disease
• Inflammatory bowel diseases, like Crohn's disease and ulcerative colitis
• Sickle cell disease
• HIV/AIDS

Patients with these medical conditions need a special recommendation and diagnosis from Tennessee-licensed doctors to use CBD products with more than 0.3% THC but less than 0.9% THC content.

How Old Do You Have to Be to Buy CBD in Tennessee?

In Tennessee, you must be over the age of 21 to buy CBD. This rule applies to all types and forms of CBD regardless of their source.

What are the Licensing Requirements for CBD in Tennessee?

Regardless of the quantity of hemp a person or entity grows for CBD in Tennessee, they must obtain a hemp producer license from the Tennessee Department of Agriculture (TDA). The TDA only regulates hemp cultivation and rooted hemp. Hence, hemp processors do not need to register with the TDA or require a license from the Department to process hemp for CBD. Similarly, a license is not required to sell processed hemp products in Tennessee. Any business or person intending to make a product for human consumption will be licensed as a food manufacturing facility by the TDA's food and dairy section.

A person or business must submit to the TDA a description of all plots on which they produce hemp to obtain and maintain a hemp producer license in Tennessee. Such a description must include global positioning system (GPS) coordinates and other details required to identify the property quickly. Prospective licensees or the key participants of a business intending to obtain a hemp producer license in Tennessee must have been convicted of a federal or state felony drug offense within the previous 10 years before their hemp license application to the TDA. A prospective hemp producer licensee must also consent to the TDA's sampling and inspection of their hemp crop and inventory.

To avoid violating the FDA's warning on excessive mislabeling of CBD products in Tennessee, CBD product sellers must be aware of certain CBD labeling requirements. For CBD-infused products, they should comply with the following FDA regulations for cosmetic product labeling:

• CBD product labels must have the product identity on the Product Display Panel (PDP) of the product container
• CBD product labels must display the product's batch codes and the manufacturing and expiration dates. They must also state whether the CBD product is broad-spectrum, full-spectrum, or isolate
• CBD product labels must include the name and address of the name and address of the manufacturer or distributor on the informational panel on the inner and outer packaging of the products. They may also include QR codes or phone numbers to enable consumers to contact them and make inquiries
• CBD product labels must state the amount of active CBD per serving and the net quantity of the product content without the container or any packaging
• CBD product labels must disclose material facts that consumers would consider to be essential when buying CBD products
• CBD product labels must include caution statements or standard warnings for pregnant women and children and warnings for any complications using CBD with other medications may cause
• CBD product labels must list all the ingredients used in making the CBD products on the informational panel on the outer packaging. If a product does not have an outer packaging, the ingredient must be listed on the product container
• CBD product labels must not make any misleading or false claims about preventing certain diseases or treating certain illnesses, as advised by the FDA

Where to Buy CBD in Tennessee?

Tennessee does not restrict the sale and purchase of CBD oil, provided it is derived from hemp. Marijuana-based CBD oil remains illegal in the state. Hemp-derived CBD products, including CBD oil, are available in retail stores all over Tennessee. While residents can purchase them from every brick-and-mortar outlet, it is essential to take precautions because the state's CBD regulations do not specify any CBD product quality testing requirements besides the THC concentration. Tennessee residents can also buy their CBD products from online stores. However, when buying CBD products online, it is best to purchase directly from the brand to ensure that the CBD being bought satisfies legal requirements.

What is CBD Oil?

CBD oil is the resulting mixture of CBD extract and carrier oil. CBD occurs as a very viscous liquid with paste-like consistency when extracted from cannabis plants. Mixing it with a carrier oil improves its flow rate and shelf-life. It also makes it easier to formulate into different products. The carrier oils of choice are coconut oil and hemp seed oil.

Commonly referred to as CBD, cannabidiol is the second most prevalent chemical compound after delta-9 tetrahydrocannabinol (THC), found in the Cannabis sativa plant. Although CBD and THC are similar in chemical structure, they differ in how the body interacts with them when consumed. Generally, THC is psychoactive, and it intoxicates consumers, while CBD does not. CBD and THC are present in both hemp and marijuana, but hemp contains a lot of CBD, while marijuana has a higher level of THC than hemp.

The common forms in which CBD is presented include oils, topicals (lotions, balms, ointments, and creams), gummies, and edibles. These forms are broadly categorized as full-spectrum CBD, broad-spectrum CBD, and CBD Isolates. Full-spectrum CBD includes all compounds of the cannabis plant and has less than 0.3% THC. Unlike full-spectrum CBD, broad-spectrum CBD contains most compounds in a cannabis plant with only trace amounts of THC. CBD isolates are the purest and only contain CBD. It has no THC or other cannabinoids.

CBD became legal in the United States in 2018 when Congress passed the Agricultural Improvement Act of 2018, otherwise known as the 2018 Farm Bill. The 2018 Farm Bill removed hemp, a major CBD source, from the Schedule I Substances list. However, under the 2018 Farm Bill, legal CBD must only contain 0.3% THC or less. If a CBD product contains more than 0.3% THC on a dry weight basis, it is considered marijuana, which remains illegal at the federal level. In compliance with the Agricultural Improvement Act of 2018, Tennessee allows the possession and use of hemp-derived CBD products (with THC limit of 0.3% or less) but prohibits marijuana-based CBD products.

What Does CBD Do?

Studies show that CBD has a number of neurological effects including proven neuroprotective benefits. The Food and Drug Administration (FDA) approved Epidiolex, a CBD-based drug, for treating several chronic forms of rare childhood epilepsy. CBD products are believed to help with treating or managing several other illnesses or medical conditions. Such medical conditions and diseases include nausea, anxiety, depression, inflammatory bowel disease, chronic pain, migraine, and psychosis (mental disorders). Also, a 2020 National Center for Biotechnology Information research revealed that CBD may help with sleep disorders, social anxiety, post-traumatic stress disorder (PTSD), and schizophrenia.

Does CBD Show Up on Tennessee Drug Test?

No. CBD does not show up on cannabis drug tests. However, the THC contained in most CBD products may show up on such tests. A CBD user may fail a cannabis drug test if they have been using unregulated CBD products containing more THC than the legally accepted limit. Long-term users of such products may accumulate detectable levels of THC and its metabolites in their bodies. Users likely to submit to random drug tests should consider switching to CBD products with 0% THC. Those looking forward to scheduled drug tests should stop taking CBD at least 2 weeks before their tests.