Tennessee Hemp Overview

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What is Hemp?

Hemp is the designation for a plant of the Cannabis sativa species, which has a tetrahydrocannabinol content of 0.3% or less. Tetrahydrocannabinol (THC) is one of the hundreds of cannabinoids present in the Cannabis sativa plant. It is considered psychoactive, which means that it can affect brain function and alter a person's mood. Another cannabinoid present in hemp is cannabidiol (CBD). CBD obtained from hemp has been identified as beneficial in the treatment of chronic pain, chronic inflammation, seizures, glaucoma, PTSD, Alzheimer's disease, multiple sclerosis, and cancer.

Marijuana is another plant in the Cannabis sativa or Cannabis indica family. It has more THC than hemp and is federally prohibited in the U.S. Hemp and marijuana share many similarities, but they are different. Both plants are botanically identical, and often the only means of separating the two is to carry out laboratory analysis of their THC percentage.

Industrial hemp is the term for hemp that is cultivated with the aim of processing it into material goods. A hemp crop grown for its fiber is commonly planted in dense rows to ensure that the plant grows upwards and develops a sturdy stalk. Goods made from industrial hemp include textiles, automobile parts, bioplastics, hempcrete, rope, and medicinal products like CBD oil. In order to be considered legal, medicinal products made from industrial hemp must have a THC content not exceeding 0.3% on a dry weight basis. The following are some derivatives and parts of the hemp plant:

• Hemp seed: These are the tiny, brown seeds of the hemp plant. They are the means by which the plant is cultivated. Hemp seeds are also consumed for their nutritional benefits. They are high in fiber, vitamins, potassium, and protein. Hemp seeds have strong anti-inflammatory properties. They are not psychoactive
• Hemp flower: Hemp flower is the main part of the plant that is high in medicinally useful cannabinoids and terpenes, and it has a THC level of 0.3% or less. There are special strains of hemp cultivated purely for their flowers, which are high in CBD. Smokable hemp flower is a common CBD product consumed by individuals seeking to relieve anxiety, poor appetite, high blood pressure, and chronic pain, among other medical conditions. Hemp flower can also be consumed in tincture form, by vaping, or as an oil
• Hemp extract: Hemp extract is the totality of chemical compounds suitable for medical consumption that can be obtained from the upper parts of the hemp plant. These upper parts include the flowers, leaves, seeds, and stalks, and they contain various cannabinoids, terpenes, flavonoids, salts, isomers, and acids. CBD oil is a form of hemp extract. Hemp extract therapies are increasingly becoming alternatives to traditional prescription medicines. One reason for this is that hemp extracts barely have side effects
• Hemp oil: Hemp oil comes from the seeds of the hemp plant. It is different from CBD oil. Hemp oil contains no cannabinoids. It is not psychoactive and can be ingested. It is used as an ingredient in skincare products and oil-based paints. It is used both as a dietary supplement and for cooking. Hemp oil is valued as a source of omega-3 and omega-6 fatty acids, antioxidants, calcium, magnesium, and potassium
• Hemp hearts: These are the interior parts of the hemp seed exposed when the seeds are shelled or hulled. They are a common dietary supplement added to foods like breakfast cereals, yogurt, confectionery, and salads. Hemp hearts are rich in protein and omega-3 and omega-6 fatty acids
• Hemp milk: This is produced by soaking and blending hemp seeds in water. It is not psychoactive. Hemp milk is an alternative to dairy milk and is high in nutrients like fats, protein, calcium, and iron. It is also considered a safe option for people with allergies to gluten or lactose

Is Hemp Legal in Tennessee?

Hemp is legal in the State of Tennessee. It was legalized by House Bill 2445, signed into law in 2014 by Governor Bill Haslam. HB 2445 was designated Public Chapter 916. The preamble to the bill noted that hemp use had been legalized in several other U.S. states and that hemp was a raw material for producing various consumer goods. The bill defined industrial hemp as the Cannabis sativa plant and any of its parts that contains no more than a THC level of 0.3%. Under HB 2445, industrial hemp in Tennessee had to be cultivated from seed certified by a recognized agency. This legislation amended the state's criminal code to remove hemp as a controlled substance. It also gave control of Tennessee's Hemp Program to the Department of Agriculture. In 2015, the first legal cultivation of hemp in Tennessee took place.

A pivotal piece of federal legislation gave a boost to the hemp legalization initiative in Tennessee. In 2014, the U.S. Congress passed the Agricultural Improvement Act, also known as the 2014 Farm Bill. One of its key portions, Section 7606, recognized industrial hemp as an agricultural crop. Hemp had previously been included in the list of Schedule 1 drugs like heroin, LSD, peyote, methaqualone, and marijuana. The Controlled Substances Act, passed in 1970, banned the cultivation and use of hemp and marijuana. The 2014 Farm Bill had its limitations regarding hemp cultivation. It only gave university research programs and state agriculture departments permission to conduct scientific studies of hemp. They could not, however, produce hemp for commercial purposes. Any hemp cultivated as part of a research program also had to contain a maximum of 0.3% THC. The 2014 Farm Bill enabled states to establish Hemp Research Pilot Programs.

The 2018 Agricultural Improvement Act, another Farm Bill, was passed by Congress in December 2018. The bill was important because it differentiated hemp from 'marihuana' on the basis of its lower THC percentage. Key sections of the bill were crucial for hemp farming across the U.S. and Tennessee in particular. Section 10113 of the 2018 Farm Bill allowed states and Indian reservations and tribes to oversee hemp programs of their own. It also permits them to participate in the hemp program regulated by the United States Department of Agriculture (USDA). Section 10114 of the 2018 Farm Bill authorized the movement of hemp crops and products across state borders without risk of seizure.

The Tennessee House of Representatives passed HB 1164 in May 2017. It was designated as Public Chapter 369. Public Chapter 369 amended Tennessee law to permit the cultivation of 'landrace' or wild varieties of the hemp plant. Prior to the passage of Public Chapter 369, Tennessee hemp farmers could only grow their crops from certified seed. A certified seed is a seed that has been scientifically confirmed to possess no more than the legally permitted THC limit. Public Chapter 369 also amended Tennessee law to redefine marijuana. Previously, any hemp cultivated without a license was officially considered to be marijuana. Under HB 1164, 'viable industrial hemp' handled by a licensed grower or processor was no longer considered to be marijuana. Viable hemp refers to the parts of the plant which are necessary for its reproduction, such as its seeds and seedlings.

The Tennessee Senate passed SB 357, another hemp bill, in March 2019. SB 357, which was named Public Chapter 87, set out to amend the state's hemp laws. The law excluded hemp from Tennessee's definition of marijuana. It stated that hemp was not a controlled substance. It also listed the requirements for obtaining and maintaining a Tennessee hemp license. It authorized the Tennessee Commissioner of Agriculture to be the primary hemp regulator. This gave the Commissioner the right to refuse or revoke hemp licenses and to establish hemp license fees. Tennessee residents can only cultivate hemp on their property after they have obtained a license from the state. The State of Tennessee allows cross-border movement of hemp in compliance with the 2018 Farm Bill.

What Hemp Products are Legal in Tennessee?

Hemp products containing not more than 0.3% of THC are legal in Tennessee. These include CBD oil and other hemp derivatives. Tennessee residents can only cultivate hemp if they have obtained a license from the Department of Agriculture. Drivers and truckers are not allowed to smoke hemp while driving. Public consumption of hemp is also prohibited.

Can a Municipality Restrict Hemp Cultivation or Processing in Tennessee?

The State of Tennessee has no laws authorizing any of its cities, counties, or townships to prohibit hemp cultivation and processing in their jurisdictions.

How to Get a License to Grow or Process Hemp in Tennessee

The State of Tennessee provides three types of hemp licenses: the Hemp Producer License, the Hemp Propagator License, and the Hemp Broker License. The precise license to be issued will depend on whether an applicant's core business involves cultivation, processing, or sale. Hemp growers who intend to process their crops into food are required to register as food manufacturing facilities.

Applicants for Hemp Licenses must complete and submit a Hemp Producer Application Form online. This application will provide the Department of Agriculture with such information as:

• The physical address of the proposed growing area and its legal description
• A photographic aerial map of the land area where hemp will be cultivated
• The size of the growing area in acres if the growing area is outdoors. If the growing area is indoors, its size must be provided in square feet
• Global Positioning Coordinates of the most central point of the growing area. This information must be provided in decimal degree-format
• A designated growing area which must be cultivated with only one variety of industrial hemp
• A criminal history report of the applying individual, or, if the application is filed by a business entity, criminal history reports for each of its key executives

Alternatively, Tennessee hemp license applicants can print the Hemp Producer Application Form and submit it alongside other required documents via email or by mail to:

Tennessee Department of Agriculture

P.O. Box 111359

Nashville, TN 37222

In Tennessee, hemp licenses are issued all year round but expire on June 30 annually.

How Much Does a License to Grow or Process Hemp Cost in Tennessee?

The cost of hemp grower license in Tennessee depends on the acreage involved:

• 5 acres or less: $250
• 5-20 acres: $300
• 20 acres or more: $350

How to Grow Hemp in Tennessee

The initial step involved in cultivating hemp in Tennessee is to obtain a growing license. The next step entails planting the seed. The State of Tennessee permits hemp farmers to cultivate their crops in greenhouses and in outdoor areas.

Hemp seeds can grow in most soil types, but yield better results when grown on level, easily drained soil. Hemp farmers are often advised to plant their crops towards the end of spring. The hemp seed is capable of sprouting within seven days. Hemp is not as irrigation-intensive as the cotton crop. After the first crucial weeks of planting, the growing hemp crop would require less irrigation. It is resilient enough to thrive in conditions of drought. The hemp plant is typically ready for harvesting within 100 days of cultivation. Harvesting methods will depend on whether the crop has been cultivated for fiber, flowers, or seed.

Hemp cultivated in Tennessee is prone to such insect pests as grasshoppers, beetles, white flies, aphids, mites, corn worms, slugs, and thrips. A 2020 University of Tennessee report on Hemp Diseases and Pest Management recommended that farmers opt for hemp cultivars with high resistance to the leaf spot disease. These cultivars include Carolina, OG, and Sweetened.

The Environmental Protection Agency is the federal agency responsible for approving pesticide use in the U.S. Pesticides approved for use on industrial hemp in Tennessee include these:

• Regalia
• Amplitude/Stargus
• Exile
• Defguard

Where Can You Buy Hemp Flower in Tennessee?

Smokable hemp flower can be purchased in several places in Tennessee, from pharmacies to gas stations, to specialist hemp flower outlets. Hemp flowers can also be ordered online.

There are no limits in Tennessee on the amount of hemp flower that can be purchased. The Department of Agriculture does not regulate the sale of processed hemp or CBD products. The only legal consideration is that any hemp products bought and sold must possess a THC level within the limit of 0.3%. Businesses in Tennessee are allowed to ship hemp from other states into Tennessee.

Hemp vs THC

The difference between hemp and marijuana plants lies in their THC levels. Hemp contains lower levels of THC, and this explains why the plant has been legalized in the U.S. and marijuana is still prohibited. The trace levels of THC in hemp are not enough to intoxicate consumers. Delta-8 THC is legal in Tennessee. Delta-10 THC is equally legal, provided it is derived from hemp and has a THC level not exceeding 0.3%.

Hemp vs CBD

The hemp plant is known to contain two main cannabinoids. One of these cannabinoids is CBD. CBD is mainly present in the floral and leafy parts of the plant, which is why when the crop is cultivated to extract this compound, farmers are careful to plant only feminized seeds. Feminized hemp seeds are low in THC and have a high CBD content. Male hemp plants, even though capable of flowering, are lower in CBD than female ones. CBD oil and other CBD products are legal in Tennessee, provided they have a THC content of 0.3% or less.

Hemp Applications

Hemp is a highly adaptable plant that yields highly adaptable plant material. This is evident in the multiple applications to which hemp is put. Its applications in Tennessee include:

• Bioplastics: Hemp-derived bioplastics are used in the automotive industry to make parts like door panels, interior linings, upholstery, and dashboards. Bioplastics are made by extracting cellulose from hemp. Carmakers like BMW and Mercedes-Benz use hemp-derived parts in their vehicles. The BMW i3 is an electric car with a chassis and door panels made from hemp fiber
• Textiles: Hemp has traditionally been used to make textiles of all types. Hemp is preferred these days because it requires less irrigation than other cloth-making raw materials like cotton. It is called a bast fiber, which means that it is obtained from the base or stem of the plant. Other bast fibers include kenaf, jute, and flax. Hemp fiber can be combined with other materials to make resilient textiles
• Insulation: Hemp wool is used to make insulation in buildings. Hemp wool is processed using the fibers of the hemp plant. It is favored as an insulator material because it has low conducting properties, meaning that electrical current cannot pass through it. Hemp wool is especially valued as a material for making acoustic and thermal insulation in buildings
• Shoes: Hemp fiber is used in making shoes. Because many manufacturers are concerned about environmental sustainability, bast fibers like hemp are chosen because growing and processing them takes up less carbon energy than other synthetic materials. Hemp typically takes up less cultivation space than other fiber-producing crops. Hemp fiber is also considered a more tensile shoemaking fabric than cotton