• Brad Keating

Is CBD Oil Legal in Tennessee?

CBD (cannabidiol) is one of the trendiest subjects in the health and wellness sector right now. People looking for healthier, more natural health cures are turning to CBD and the many CBD products on the market. Individuals are becoming more aware of the numerous health benefits that CBD may give as a result of continuous scientific studies.

For a long time, the Cannabis Sativa plant was largely linked with marijuana's intoxicating effect. However, this weed is about much more than just getting high. There is a lot of misunderstanding about marijuana, hemp, and, more recently, CBD. People who are interested in CBD products frequently ask if they are completely legal. This is primarily due to significant changes in the laws. Laws also differ between states and at the federal level. This article delves into the legal status of CBD in Tennessee.


What Is CBD?

What Is CBD?


Cannabidiol is a non-intoxicating cannabinoid present in cannabis and hemp plants. It is the second most frequent compound found in cannabis plants after tetrahydrocannabinol (THC), while CBD generated from hemp often includes only trace levels of THC, less than 0.3% by legal standards. CBD has been shown to have anti-inflammatory, anesthetic, anti-anxiety, and seizure-suppressing qualities.

CBD in Tennessee: Legality


CBD is permitted in Tennessee for purchase and consumption as long as it is produced from the hemp form of the cannabis plant. The term "hemp" refers to cannabis that contains less than 0.3%THC. Cannabis oil with more than 0.3% THC is prohibited, however, there are a few exceptions:

  1. FDA approves it as a prescription drug.

  2. Employed in a university-approved clinical research study and contains no more than 0.6% THC.

  3. If in the possession of a person who possesses documentation of order or recommendation from the issuing state. The individual must also show documentation that they or a member of their immediate family has epilepsy or persistent seizures, as diagnosed by a qualified doctor, and that the cannabis oil contains less than 0.9% THC.


Tennessee CBD Laws Differs from the Federal Government

Hemp must fulfill the Tennessee state criteria for containing a THC content of 0.3% or less.

All orders of hemp-derived CBD products must include a test report or certification that the product contains less than 0.3% THC. Products containing hemp flowers must be sold in a sealed container.


Senate Bill 2125 was passed into law in 2016. This bill altered Tennessee's marijuana laws to exclude from the legal classification of marijuana any cannabis oil, including cannabis flower and seeds, with less than 0.6% THC.


Later that year, House Bill 1044 was signed into law, enabling cannabis with 0.9% THC or less to be produced, processed, distributed, and possessed by patients referred by a four-year state body within the state as part of a clinical research study on the plant's antiseizure, anticancer, or other immunomodulatory attributes.


The House Bill is Tennessee's closest equivalent to a legal medical marijuana system, and it can be used as an affirmative defense if a patient is caught with cannabis containing 0.9% THC or less.


Why Is CBD and Cannabis Oil Illegal in Some Places?


This is a difficult subject. Let's start with the reality that, while CBD is federally legal, each state has its own system of regulations. While the majority of states have adopted the Farm Bill of 2018, a few states continue to have peculiar CBD legislation.


CBD is, fortunately, legal in Tennessee. Tennessee does not have severe CBD regulations. Some conservative states associate CBD oil with marijuana, even though it is absolutely non-psychoactive. As a result, the federal government has a set of strict requirements. However, as time passes, states continue to relax their CBD product regulations.


Although CBD extracted from hemp contains little to no THC and hence has no intoxicating effects, all varieties of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. That piece of law made all forms of the Cannabis Sativa plant illegal as a Schedule I controlled substance, which described cannabis as a substance with a high potential for misuse, no medicinal value, and a high chance of dependency.


The Hemp Farming Act of 2018 also safeguarded the Food and Drug Administration's authority over CBD labeling, medicinal claims, and the use of CBD oil as a food ingredient. Since then, the FDA has taken a strong stance against hemp CBD being added to food or beverage items, while also stating that CBD may not be promoted as a nutritional supplement.


Hemp-derived CBD Products

The FDA is now re-evaluating the laws on hemp-derived CBD products but has yet to put down clear requirements, causing considerable market uncertainty. In July of 2019, the FDA sent a warning letter to Curaleaf, a hemp CBD company, describing the multiple ways the company violated the Tennessee law.

How Did the Farm Bill Help Hemp?


The 2018 Farm Bill opened a new era for hemp and hemp-derived products. When it was passed, hemp production became federally permitted for recreational reasons. The bill excluded cannabis oil from the schedule list of banned substances, which is now legally recognized as cannabis containing less than 0.3% THC by weight. Cannabis as a whole is currently set to be decided on for elimination from this same list.


Is CBD Legal in Tennessee?


With the approval of SB 357 in April of 2019, CBD became legal for over-the-counter sale and purchase. Hemp products are making a strong comeback in the United States.


Marijuana


You should be aware that cannabis containing more than 0.3% THC, or marijuana, is illegal in Tennessee unless specific conditions are met. Exceptions include authorized university studies and the possession of CBD with less than 0.9% THC by patients who have court orders or prescriptions to use CBD for epilepsy and seizures.


Marijuana, as defined under Tennessee federal law, includes all marijuana plant parts, whether growing or not. The seeds, resin taken from any part of the plant, and any salt, mixture, derivative, manufacture, compound, or preparation of the plant are all included. It excludes mature stems, cake, or oil generated from the plant's seeds, and fiber produced from the stems.


In Tennessee, it is unlawful to possess, sell, or consume recreational marijuana. Possession of up to half an ounce of marijuana is a misdemeanor by a $250 fine and/or a one-year prison sentence for the first violation. Repeat offenders are charged with a misdemeanor but face a $500 fine and/or imprisonment.


Selling or trafficking marijuana, on the other hand, is a felony charge. The penalty may differ according to the weight.


In 2016, the cities of Memphis and Nashville decriminalized the possession of small amounts of cannabis. Instead, offenders can face a civil fine. This effectively reduces the fee to $0 and imposes around 10 hours of community service as retribution.


As a result, even CBD oil extracted from hemp is strictly controlled by the federal government. The Hemp Farming Act of 2018 also empowers each state to establish its own laws and regulations for the manufacture and distribution of hemp-derived CBD products, and state governments retain the right to regulate or restrict hemp product cultivation and trade.


Furthermore, regardless of the FDA's final regulations, states may aim to regulate hemp CBD-containing food, beverages, nutritional supplements, and cosmetic goods.


Do You Need a Prescription for CBD in Tennessee?


In Tennessee, there is no requirement for a prescription to obtain CBD products. Doctors cannot normally "prescribe" CBD medicines that are available over the counter; rather, they can "recommend" them. Even in jurisdictions where medical marijuana is allowed, access is typically restricted to a doctor's suggestion rather than a prescription.


The only exception is CBD products containing more than 0.3% THC but less than 0.9% THC, which necessitate a special prescription and diagnosis from a Tennessee physician.


CBD is still in its early stages, with only one CBD legal product approved by the FDA yet. Epidiolex by GW Pharmaceuticals is intended to treat rare forms of infantile epilepsy.


However, apart from this product (which has strict usage instructions), many doctors are still beginning to learn about CBD products. If you want to learn more about the benefits of CBD, you should seek medical advice.


Where to Buy CBD Oil in Tennessee and Benefits of Buying Online?


Fortunately, locating establishments that market CBD products in Tennessee are a simple task since various CBD companies have launched. Indeed, the state hosted the first-ever Southern Hemp Expo weekend in Nashville, which featured over 100 wholesalers, brick-and-mortar stores, growers, processors, and other hemp-related enterprises.


The trade show suggested that more residents are interested in using CBD oil. Other legal shops throughout the state offer medical-grade CBD oil with a THC content greater than 0.3% and medical cannabis products. In this scenario, according to federal law, you must produce relevant documentation pertaining to your qualifications.


CBD products such as tinctures, oils, topicals, and infused products are available in metropolitan cities such as Nashville and Memphis. Online shops, on the other hand, are a safer bet because they are more accessible than physical businesses.


Many CBD companies provide online ordering and delivery, so you can have your CBD oil delivered to your door without leaving your house. You can therefore take your time researching and locating potency-tested, high-quality CBD.


Can Traces of CBD Oil Show Up on a Drug Test?

Although it is extremely unlikely, CBD oil may appear in a drug test. However, this is not an issue since CBD is not categorized as an illegal substance in Tennessee.


Can You Buy CBD at 18 in Tennessee?

CBD, in theory, should be available to people of all ages, especially given its initial popularity as a treatment for different adolescent ailments. Of course, some items, such as smokable hemp flower products or CBD vaporizers, may not be appropriate for persons of all ages.


Age limits to possess CBD oils are mainly ambiguous, even under federal law. Tennessee's state laws do not have any age requirements for purchasing CBD products, however, there may be certain restrictions.


In most cases, the merchant determines the minimum age for purchase. The legal age for purchasing tobacco has been raised to 21, and most CBD merchants may require customers to meet this minimum age restriction as well.

Many CBD brands allow customers who are 18 or older to order online and ship their legal CBD products to Tennessee.


How Does CBD Oil Work?


CBD oil is made from the flowers and buds of hemp plants and can be consumed, breathed, or used topically. Lotions and creams made from CBD oil are frequently manufactured with menthol or other cooling ingredients, so when applied, they may produce a nice, tingling sensation.


Why Do People Use CBD Oil?


This medical oil is most typically used to treat the following conditions:

  • Anxiety, depression, and stress are all symptoms of anxiety.

  • Sleeping problems

  • Chronic pain (especially from arthritis and multiple sclerosis)

  • Cancer therapy side effects include nausea, vomiting, and discomfort.

  • Inflammation


While it is not widely used, some people believe CBD oil has antipsychotic properties, can help with substance dependence therapy, and may help reduce diabetes. However, scientists believe there is little confirmed evidence for the majority of these benefits. A CBD oral solution for the treatment of epileptic seizures has been approved by the FDA.


How to Find Quality CBD Products in Tennessee?


Purchasing CBD oil in Tennessee is simple on the surface. Despite rising consumer awareness, the sector remains largely unregulated, with no recognized production standards in existence. This means that anyone can sell CBD oil, even if it contains little to no CBD and is far from “great quality.”


When purchasing CBD oil in Tennessee, make sure to follow these instructions. They can assist you in saving both time and money.


Never purchase from a company that cannot produce third-party testing reports. Every corporation has the option of sending product samples to a third-party laboratory. These independent laboratories can tell you if the product has the stated amount of CBD and if it has been compromised with pesticides, solvents, heavy metals, or mycotoxins. If a corporation refuses to release the lab reports, it is not worthy of your trust.


Choose CBD that has been CO2-extracted. CO2 extraction is the ideal method for producing CBD extract because it does not necessitate the use of additional heat or solvents. It produces pure hemp extracts and assures product potency consistency. The equipment necessary to do CO2 extraction is also fairly expensive, indicating that the organization is serious about quality.


You should choose full-spectrum CBD. Full-spectrum extracts are those that use the whole plant. Other useful compounds, including small cannabinoids, flavonoids, and terpenes, are preserved through this process. These molecules enhance the effectiveness of CBD and are expected to require lower dosages than isolate to be efficient.


Organic farms produce the greatest hemp cultivation. Hemp plants absorb everything in their environment, including both beneficial and toxic elements. Tennessee's top CBD oils are made from organic, non-GMO hemp.


Avoid CBD oil providers who make exaggerated claims. CBD has numerous recognized health advantages and can dramatically enhance your quality of life, but if a company promises to cure cancer with its products, you should look elsewhere for CBD.

Requirements for Licensing


People seeking hemp licenses in Tennessee must complete the Tennessee Department of Agriculture's (TDA) Tennessee Hemp Grower Application (10).

The application contains four pages of instructions, which include a list of license fees depending on the total acreage of growing regions, identification, and aerial farm maps.


Testing Requirements


Individuals do not need to conduct soil testing to receive a hemp producer license, according to TDA information (11).


Consumers may, however, request soil testing. Hemp farmers can send soil samples to the University of Tennessee Extension Institute of Agriculture(12) for soil nutrient testing.


Meanwhile, contamination tests for heavy metals, pesticides, microbials, or residual solvents must be performed in a private lab.


Is CBD Associated with Any Bad Side Effects?

Is CBD Associated with Any Bad Side Effects?


According to the World Health Organization, “cannabidiol does not appear to have misuse potential or cause harm,” implying that it is generally harmless. It may, however, induce unpleasant responses in some individuals, including:

  • Diarrhea

  • Appetite changes

  • Fatigue


Other issues to be concerned about are:


CBD is currently manufactured without regulation, resulting in a broad range of product purity.

Because less than 20% of the substance is absorbed orally, if it isn't manufactured properly, it doesn't work, and people taking anti-epilepsy drugs alongside CBD oil need to change their dosage to minimize side effects.


If you have been harmed or have gone through an illness at no fault of your own, hire a PI lawyer to get the compensation you deserve.


The Most Important Things to Know About Buying CBD in Tennessee


Tennessee has strict marijuana regulations, but that doesn't mean you can't legally purchase CBD oil there. Indeed, hemp-derived CBD products are federally legal, so if you want to buy CBD oil in Tennessee, you can browse around your community to see if there is a vape shop that sells the items you're looking for.


Currently, your best bet for getting high-quality CBD in the state is to get it from a trustworthy internet source. Purchasing CBD online is the most suitable option because it saves both time and money.


Whatever method you choose to get CBD, make sure to do your homework before turning over your hard-earned cash. Being an informed customer can protect you against unethical businesses that take advantage of the industry's lack of restrictions.


For more information regarding Tennessee's laws, like the helmet laws, visit our blog page.