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Tennessee General Law Blog

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Is CBD Oil Legal in Tennessee?

Nowadays, customers can purchase CBD oil products online or in retail stores. While many people use CBD products on a daily basis, the legality of CBD oil remains a debated topic. Some of you may wonder, “Is CBD oil legal in Tennessee?” The short answer is: It depends on the concentration of tetrahydrocannabinol (THC) in CBD oil products.

CBD oil products can be applied topically, ingested, inhaled, or used sublingually. CBD products take many forms, including but not limited to:

What is CBD Oil?

CBD stands for cannabidiol. It is a non-intoxicating ingredient (cannabinoid) found in hemp and cannabis plants. It is the second most abundant ingredient found in cannabis plants after tetrahydrocannabinol (THC), which is responsible for most of marijuana’s hallucinogenic effects.

While CBD contains traces of THC, the concentration of the chemical is usually so insignificant that people who use CBD oil products cannot experience any hallucinogenic effects. Some of the benefits of CBD oil include:

Yes. Under the Hemp Farming Act of 2018, all industrial hemp products are legal for use as long as the concentration of THC is 0.3% or less. When the Act passed, hemp was removed from the list of illegal controlled substances.

In other words, as long as CBD oil is derived from hemp and THC concentration does not exceed 0.3%, you are legally permitted to purchase, possess, and use it in Tennessee. But what about growing, cultivating, and selling CBD oil in Tennessee?

Typically, you are required to obtain a license from the Department of Agriculture to cultivate, grow, or manufacture hemp to make CBD oil products. As for selling CBD oil, no specific license is required in the State of Tennessee other than the standard business license. However, you may be required to test CBD oil products for purity and potency in order to sell and distribute them legally in Tennessee.

What About Medical Marijuana in Tennessee?

While CBD oil can be derived from marijuana, such products are generally illegal due to the high concentration of THC. As for the legality of medical marijuana in Tennessee, things are a bit more confusing. In 2016, Senate Bill 2125 amended the existing marijuana law in Tennessee to remove cannabis oils containing less than 0.06% of THC from the definition of “marijuana.”

Later that year, House Bill 1044 allowed the manufacturing, processing, distribution, and possession of cannabis containing less than 0.09% of THC. However, the legislation applied only to patients mentioned by a four-year public institution within Tennessee as part of clinical research studies focused on certain properties of the cannabis plant.

Other than that, marijuana remains illegal in the State of Tennessee for both medical and recreational uses. If you were arrested for possession, sale, distribution, or manufacturing of marijuana in Tennessee, do not hesitate to seek legal counsel from our skilled marijuana possession defense lawyers at Burch, Morrison, & Stewart. Call at (931) 954-1066 to schedule a free case review.

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