New Rules Seek To Ban THCA Flower in Tennessee!

New Rules Seek To Ban THCA and CBD Smokeable Products in Tennessee!

Table of Contents

The Story

In the spring of 2023, the Tennessee Hemp Industry collectively celebrated the successful passing of HB403.  Following collaboration with lawmakers spanning two years, the bill created a safe and regulated marketplace for consumers to purchase products and for businesses to confidently scale.

This optimism surrounding the future of Hemp in Tennessee suffered an unexpected blow in December 2023. A stark reality unfolded when the Tennessee Department of Agriculture published their proposed rules that would govern the implementation of the new law, set to take effect on July 1, 2024.

The TN Dept. Of Agriculture's Proposed Rules

The published rules aim to eradicate legal smokable hemp products in Tennessee entirely.  If the rules become finalized, they will eliminate THCA and CBD flower, vapes and concentrates within the state, granting law enforcement the authority to arrest manufacturers, retailers, and consumers for selling or possessing smokable THCA & CBD products in Tennessee.  This would push products off regulated shelves and back into the unregulated black market.

We believe that the Tennessee Department of Agriculture has misinterpreted the law with the introduction of these new rules.  When drafting HB403, the collective intent of the Hemp Industry and lawmakers was to cultivate a legitimate, safe and well-regulated hemp marketplace and to institute a reasonable tax for hemp products.  The aim was not to create an outright ban.

Your Voice Matters

It’s not too late to save THCA in Tennessee.  From now until the Public Hearing on Feb 6th, 2024, there’s a window that changes could potentially be made to the rule language.  To bring about these changes, it’s imperative that the Hemp Industry and the public collectively voice our dissatisfaction with the current rules.  Your voices hold the power to shape the future of these regulations.

To voice your opposition to the new rules and explain how you’re currently benefiting from safe access to smokable THCA and CBD, kindly reach out to the Department of Agriculture and your legislators.

STEP 1: Contact TN Dept. of Agriculture

Please use the TDA Template linked below to email the commissioners at the Tennessee Department of Agriculture.

***Please keep in mind that we want to work with the TDA in the rule-rewriting process. Your kindness to the TDA is appreciated.***

Dr. Charlie Hatcher, Commissioner

615-837-5100 | [email protected]


Jeff Aiken, Deputy Commissioner

615-837-5103 | [email protected]


Carol Coley McDonald, Assistant Commissioner for Policy and Legislation

615-837-5172 | [email protected]


Danny Sutton – Assistant Commissioner for Consumer and Industry Services

615-837-5534 | [email protected]


Jay Miller – General Counsel

615-837-5341 | [email protected]

STEP 2: Contact Your Legislators

The Tennessee General Assembly offers a tool online that helps you locate your legislators and representatives.

Please use the Legislator Template linked below to email the your legislator.

***Please keep in mind that we want to work with the legislators. Your kindness to legislators is appreciated.***

STEP 3: Share Your Personal Testimony

Want us to amplify your voice?  Please submit your personal testimony on how legal access to safe and regulated smokable hemp products has positively impacted your life. We will feature your testimony during the Public hearing on Feb 6, 2024. 

Please use the link below to submit your testimony.

The Defense Strategy

Consider It Flowers is on the board at Cultivate Tennessee, a trade association serving Tennessee’s hemp industry.  Cultivate Tennessee will present a legal opinion of the TDA’s rules during the Public Hearing on Feb 6th, 2024. If the proposed rules are finalized after the hearing, Cultivate Tennessee will fight to keep smokable hemp products, such as THCA flower, concentrates, and vapes legal in Tennessee.

Should the final rules eliminate legal smokable hemp in Tennessee—a scenario likely to unfold — we plan to appoint a plaintiff to file a lawsuit against the state.

Concurrently, we will also lobby for a corrective bill that positions THCA and CBD Flower as a compelling alternative to the illicit market. Additionally, we aim to establish a connection between the generated tax revenue and a meaningful cause, such as funding education or combatting the opioid crisis.

STEP 4: Raise a Defense Fund

To implement the crucial defense strategy that may be required in the coming months, financial resources are essential to cover legal fees and lobbying efforts.  Cultivate Tennessee is raising a defense fund for this purpose.

Please note that Cultivate Tennessee is run by industry leaders who donate their time.  Every dollar raised is dedicated solely to covering the expenses of attorneys and lobbyists.  We maintain transparent documentation of fund allocation, which is readily accessible in the public record for scrutiny.

Your support in contributing to the defense fund will play a pivotal role in safeguarding smokable hemp products, including THCA and CBD flower, vapes and concentrates.

Your financial contribution will help preserve TN’s future as a frontrunner in the hemp industry. Please spread awareness, contribute to the cause today and make a lasting impact tomorrow!

Timeline to Save THCA & CBD Flower

Save THCA TImeline (2)

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