Written by On April 10th the Tennessee House of Representatives passed HB 1376 SB 1413, which is the most comprehensive hemp-derived cannabinoid product (HDCP) regulation bill in Tennessee history. After withstanding eleven committee amendments and one floor amendment, HB 1376 seeks to refine current Tennessee HDCP regulations through instituting a wholesale license, restructuring the taxation of HDCPs, restricting the sale of HDCPs to establishments 21+ to enter, retail package stores licensed by the Tennessee Alcoholic Beverage Commission (TABC), bars and restaurants licensed by the TABC, and on the premises of manufacturers of HDCPs. Grocery stores and convenience stores are banned from selling HDCPs under the bill. Online sales of HDCPs are prohibited under the bill as are the vending of HDCPs and delivery of HDCPs to a consumer’s home. The bill also moves the regulation of HDCPs from the Department of Agriculture to the TABC.
The core bill that entered the House passed through the House along with an amendment added Wednesday, introduced by Representative Mark Cocharan (R-Englewood), prevents the sale of hemp that contains a total THC content, or a total theoretical THC content, of 0.3% when measured by weight. Farmers in Tennessee cannot grow the popular THCA flower, but the budding Tennessee market currently boasts over 4,000 retail outlets, including smoke shops and convenience stores, which import THCA flower from outside of the state of Tennessee and serve as dispensaries for the intoxicating flower and vape products.
The dispute over whether or not to impose on the retail downstream sale of hemp flower and other products the same total THC testing standard that we have in Tennessee for the cultivation of hemp (0.3% by dry weight) has overshadowed the other components of the legislation. The bill is expected to be heard on the Senate floor this week, where it will likely either trigger a trip to conference committee or move to Governor Lee’s desk.
Last modified: April 17, 2025
