Is Delta 8 Legal in Tennessee?

Delta 8 THC is a cannabis compound that has become increasingly popular in recent years. Users report that it gives them a nice buzz but is a much milder high than that induced by delta 9 THC. Many claim it’s a very enjoyable high that leaves them relatively clear-headed. Plus, it doesn’t cause the anxiety or jitteriness often associated with delta 9.

Although marijuana remains listed as a Schedule 1 drug on a federal level, the 2018 Farm Bill legalized hemp.

However, there is a lot of confusion (and mayhem) surrounding the legality of this intriguing compound. Although marijuana remains listed as a Schedule 1 drug on a federal level, the 2018 Farm Bill legalized hemp and subsequently delta 8. The problem is that not every state agrees, and many have already banned or are moving to ban the sale of delta 8 THC.

So is delta 8 legal in Tennessee? Fortunately, yes, Tennessee is one of the states that are still on board with having delta 8 as a legal substance. The state recently updated its hemp laws to specifically legalize all derivatives, cannabinoids, and isomers of hemp, with the exception of delta 9.

Read on to learn more about the legal status of delta 8 THC in Tennessee.

Delta 8 Tennessee: State Law vs Federal Law

Thanks to the 2018 Farm Bill, hemp and hemp-derived products have been deemed federally legal. Legal hemp is defined as that which contains less than 0.3% delta 9 THC.

Naturally, delta 8 only exists in tiny amounts within the hemp plant – not enough for extraction. Therefore, most manufacturers create D8 by isolating and converting hemp-derived CBD. This means that most delta 8 THC products on the market have been made using CBD.

On a federal level, the legality of delta 8 is complicated. The compound is not explicitly listed as an illegal substance. While federal laws specifically ban delta 9 THC, they do not address delta 8. Many companies have taken advantage of this law and are now marketing delta 8 THC as a legal substance.

However, in recent months 14 states have banned the use of delta 8, citing a lack of research on the cannabinoid and its psychoactive effects. The following states have blocked the sale of the cannabinoid:

  1. Alaska
  2. Arizona
  3. Arkansas
  4. Colorado
  5. Delaware
  6. Idaho
  7. Iowa
  8. Kentucky
  9. Mississippi
  10. Montana
  11. New York
  12. Rhode Island
  13. Vermont
  14. Utah

Currently, all other states permit the use of delta 8 THC. At the very least, no state law has been put into place regarding the cannabinoid.

If you’ve been wondering, “is delta 8 legal in Tennessee,” the answer is yes. Tennessee’s hemp law is closely aligned with federal law. The state legalized all derivatives, cannabinoids, isomers, extracts, acids, salts, and salts of isomers that are derived from hemp. This is under the provision that hemp contains less than 0.3% delta 9 THC.

Moreover, Tennessee’s legislation makes a clear distinction between hemp and marijuana. It also specifically states that hemp is not classified as a controlled substance.

Under these laws, delta 8 THC is legal in Tennessee. There isn’t a limit on how much of the cannabinoid a product may contain, as long as the delta 8 is hemp-derived.

DEA Rules About Delta 8 in Tennessee

As always, the DEA has complicated matters further. In 2020, the agency released the “Implementation of Agricultural Improvement Act 2018”, which seems to have a different interpretation of the 2018 Farm Bill.

All naturally occurring THCs in hemp are legal so long as the hemp contains no more than 0.3% delta 9 THC. However, “all synthetically derived tetrahydrocannabinols remain Schedule I controlled substances.”


According to the Drug Enforcement Agency, delta 8 is not covered under the 2018 Farm Bill as a hemp derivative, making it illegal. They claim that The Farm Bill is very specific about only hemp-derived cannabinoids being legal. The problem is that most delta 8 products on the market are not made from natural hemp but instead from synthetically altered CBD.

However, some now argue about what the term “synthetically derived” means. Experts say that THC is considered to be synthetic if it was made from non-hemp materials. These kinds of THC are artificial and have been created to mimic the effects of natural THC. When delta 8 is made using CBD, hemp plant matter is used to create real THC, meaning it’s not synthetic.

Nevertheless, the DEA does not see it this way. This means that although delta 8 is legal in Tennessee, the DEA could carry out raids against businesses selling the cannabinoid.

How to use Delta 8 Legally in Tennessee

Hemp products can be marketed and sold in retail stores across Tennessee. However, the hemp market is largely unregulated, so it’s important to purchase delta 8 from reputable brands and established retailers only.

First and foremost, it’s essential to ensure that the delta 8 is hemp-derived and contains less than 0.3% delta 9 THC. If not, it’s technically illegal. Typically, buying delta 8 from a certified dispensary is a safe option because these establishments are usually law-abiding. Plus, staff can advise you and guide you through the process of buying delta 8 to ensure you do it legally.

Many high-quality and reputable brands ship products throughout the US, including Tennessee.

Another benefit of buying from a certified retailer is that you know exactly what you’re getting. Since the hemp plant isn’t federally regulated, there are tons of unscrupulous companies out there selling low-quality products. Certified dispensaries don’t sell anything illegal, impure, or unsafe.

Alternatively, you can shop for delta 8 THC online. Many high-quality and reputable brands ship products throughout the US, including Tennessee. Plus, you can usually find a much wider selection of products online. Since delta 8 is legal in Tennessee, you can find tinctures, gummies, vape cartridges, topicals, isolates, joints, and more online.

When shopping for delta 8 THC (in-store or online), here are the most important things to look out for:

  • Product is hemp-derived
  • It contains less than 0.3% delta 9
  • Certificate of Analysis available
  • Transparent brand

Trustworthy brands make Certificates of Analysis (CoA) available for customers to view. These are third-party lab reports that verify the contents of the product. The report breaks down the cannabinoid content, potency, purity, and safety profile. Basically, this lets you know that the product is safe and legal to consume.

Is Delta 8 Legal In Tennessee? (Final Thoughts)

Delta 8 THC is a trend that is predicted to only increase in popularity in the coming years. However, the cannabinoid remains in a legal gray area, and many states are moving to ban or restrict its use. Therefore, we have created a series of state-by-state guides on the legality of delta 8.

The answer to the question “is delta 8 legal in Tennessee,” is yes. Like federal law, Tennessee state law deems all hemp derivatives, cannabinoids, and isomers legal. As long as the delta 8 is hemp-derived and contains less than 0.3% delta 9 THC, you can buy and use it legally.

The DEA has a different view on the matter, though. They consider delta 8 to be a synthetic compound, making it illegal.

Nevertheless, delta 8 remains legal in Tennessee and many other states at the time of writing. However, state laws are subject to change, and lawyers suspect that stricter laws are on the horizon for delta 8, country-wide.

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