There were more than 3400 licensed hemp cultivators in Tennessee as of late 2019, and the Department of Agriculture is still accepting applications for those who want to become licensed hemp growers. However, to transport hemp products and plants, you should submit a permit as a licensed grower three days in advance before making movement.
Later the same year, another Bill, Senate Bill 280, was signed into law. The Bill allowed cannabis with 0.9% THC or lower to be processed, manufactured, dispensed, and possessed by patients. However, the patient has to have been referred to by a 4-year public institution within Tennessee as part of a clinical research study on anticancer, anti-seizure, as well as other immunomodulatory properties of the marijuana plant.
When it comes to the legality of CBD products, a lot of confusion surrounds the subject. Hence, it is only fair that people want to be extra sure if it is safe for them to purchase CBD oil without incurring criminal charges on their records. Read on to know the legality of CBD oil in Tennessee.
Is CBD Oil Legal in Tennessee?
Gone are the days when finding CBD was a task. These days, CBD is almost everywhere. It is found in different forms, including inhalers, lotions, pills, gummies, topicals, among others. If you are currently dealing with a health issue like chronic pain and depression in Tennessee, you may be wondering where to buy CBD oil.
Tennessee adopted the Hemp Farming Act last year and has related legislation that gives growers the freedom and right to cultivate hemp and extract derivatives from the plant legally. However, they are required to secure a license before doing so. Marijuana and all related products are still considered illegal in Tennessee.
When purchasing CBD oil online, you can request to see the company’s third-party lab results if they have not been provided on their official website. This will allow you to confirm how much THC is present in the product.
Hence, when buying CBD products in Tennessee, you really need to determine if it is from a reputable source. Read the labels and packaging to examine the certificate of analysis and lab report. A reputable CBD company will include on the label the amount of active CBD per serving, net weight, supplement fact panel, including other ingredients, manufacturer or distributor name, batch number or date code, suggested use, and what type the product is.
Furthermore, cannabis oil itself is still considered a Class I drug by the federal government meaning that using cannabis oil in any state could still put users in violation of federal law. Although, for the time being, the federal government has largely decided to take a hands-off approach to the situation and not enforce the federal prohibition when it conflicts with state laws, there is no guarantee that such an approach will continue into the future.
Tennessee has officially legalized cannabis oil for limited medical reasons. While the law makes possession and use of cannabis oil legal in certain cases for treatment of intractable epilepsy, the legislation appears to open up a legal grey area for Tennessee families. Because marijuana laws are in flux both in Tennessee and throughout the United States, a debate has been sparked over whether Tennesseans who are in compliance with the state’s recently passed legislation could nonetheless be exposing themselves to federal prosecution for marijuana possession. With Tennessee lawmakers already considering another medical marijuana bill, the issue seems unlikely to die anytime soon.
One complication of the law, however, is that the legislation does not allow for cannabis oil to be manufactured within Tennessee, meaning anybody who wishes to obtain the substance will have to get it from a state that has legalized its manufacture, such as Colorado.
Federal prohibition remains
That requirement already opens up a potentially legal pitfall for families in Tennessee. Within the medical marijuana community, a debate is ongoing about whether people who buy cannabis oil from out-of-state and bring it into Tennessee may be opening themselves up to criminal prosecution. While companies who import cannabis oil into Tennessee say that the federal Farm Bill allows for cannabis oil to be brought over state lines, others insist that the Controlled Substances Act, which prohibits such importation, supersedes the Farm Bill.
The bill that was recently signed into law by Governor Bill Haslam allows for the use of cannabis oil in Tennessee in order to treat seizures caused by intractable epilepsy. Anybody who wants to use the oil, which is extracted from the marijuana plant, will have to obtain a prescription from a doctor licensed in Tennessee. Although research into cannabis oil’s effectiveness in treating seizures is ongoing, many people, particularly parents of young children suffering from epilepsy, claim that the substance has helped reduce the severity of seizures.
With the drug law debate ongoing, it can be confusing for most people to know where they stand when charged with a drug offense. For the time being, however, marijuana possession remains a state and federal offense in Tennessee. Anybody who has been charged with any drug offense, including those pertaining to marijuana, should contact a criminal defense attorney immediately in order to understand what the best way to respond to such charges may be.