In Tennessee, cannabis and hemp-related products are widely available despite the state’s prohibition on recreational marijuana. This legal landscape stems from the 2018 Farm Bill, which legalized cannabis products with a THC level below 0.3%. THC, the psychoactive component of marijuana, remains illegal federally for recreational use.
As a result of the Farm Bill, states have been challenged to create regulations concerning these products. Currently, only 24 states have legalized recreational marijuana, with Pennsylvania potentially becoming the 25th this year, according to the National Organization for the Reform of Marijuana Laws (NORML).
Senator Richard Briggs, a Republican from Knoxville, characterized Tennessee’s cannabis market as resembling the “wild west” during the 2025 session of the Tennessee General Assembly. In response, he introduced Senate Bill 1413, aimed at shifting the regulation of hemp products from the Tennessee Department of Agriculture to the Alcoholic Beverage Commission. This bill also proposes a new tax structure for cannabis products: consumers would face a tax of two cents per milligram for vapes and edibles, a ten-cent tax on hemp-infused beverages, and a 50-cent tax on flower sales per ounce. Furthermore, the legislation seeks to ban products containing THC-A and THC-P, substances that were previously permitted under the Farm Bill.
The drive to regulate these products has been fueled in part by the slow response of the Food and Drug Administration (FDA) in establishing guidelines for hemp-derived products. Morgan Fox, NORML’s political director, noted that the absence of regulatory clarity led to a surge in innovative products made from hemp compounds. While this increased accessibility is beneficial, it also raises concerns about consumer safety. Fox pointed out that many products on the market lack proper regulation, age verification, and adherence to safe manufacturing practices. Some companies falsely advertise their products as lab-tested, using QR codes that link to tampered lab reports.
Fox expressed skepticism about the effectiveness of Senate Bill 1413 in addressing the chaotic state of the cannabis market. He predicted ongoing challenges in enforcing regulations, particularly concerning synthesized cannabinoids. The bill, which is set to take effect on January 1, awaits Governor Bill Lee’s approval. As the state approaches this regulatory change, the future of Tennessee’s cannabis market remains uncertain.
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