Controlled Substances

AN ACT to amend Tennessee Code Annotated, Title 39; Title 43 and Title 57, relative to hemp.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Gardenhire
Last action: 2026-01-21
Official status: Passed on Second Consideration, refer to Senate Judiciary Committee
Effective date: Not listed

Plain English Breakdown

The official source material does not provide details on how the bill will update laws regarding youth access.

Tennessee Hemp Law Changes

This bill updates Tennessee's definition of 'hemp' to align with federal standards and clarifies which hemp-derived products are excluded from this definition.

What This Bill Does

Changes the definition of 'hemp' in Tennessee law to remove limits on THC concentration.
Includes industrial hemp under the new definition of 'hemp'.
Excludes certain types of hemp-derived products from being called 'hemp', such as those with high THC levels or synthetic cannabinoids.

Who It Names or Affects

People who grow or sell hemp in Tennessee.
Retailers selling tobacco, smoking, hemp, and vapor products.

Terms To Know

THC: A chemical found in marijuana that can cause changes in mood and behavior.
Industrial Hemp: Hemp grown for its fiber, seeds, or other non-drug uses.

Limits and Unknowns

The bill does not specify how the new definition will be enforced.
It is unclear what specific products will be affected by these changes.

Bill History

Date Tennessee General Assembly
2026-01-21 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2026-01-15 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-01-14 Tennessee General Assembly
Filed for introduction

Official Summary Text

This bill incorporates the definition of "hemp" into criminal offenses within present law pertaining to minor smoking paraphernalia, and the prevention of youth access to tobacco, smoking, hemp, and vapor products.

Present law defines "hemp" as
the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives,
extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol ("THC") concentration of not more than 0.3% on a dry weight basis. This bill redefines "hemp" to remove the distinction of th
e delta-9 THC concentration, and clarifies that
the term
includes
industrial hemp. However, the term does not include a
ny of the following:



Any viable seeds from a Cannabis sativa L. plant that exceeds a total
THC
concentration, including tetrahydrocannabinolic acid, of 0.3% in the plant on a dry weight basis.


Any intermediate hemp-derived cannabinoid products containing: (i) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant, (ii) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant, or (iii) more than 0.3% combined total of total
THC
, including tetrahydrocannabinolic acid and any other cannabinoids that have similar effects, or are marketed to have similar effects, on humans or animals as
THC
, as determined by the United States secretary of health and human services.


Any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use.


Any final hemp-derived cannabinoid products containing (i) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant, (ii) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant, or (iii) greater than 0.4 milligrams combined total per container of total
THC
, including tetrahydrocannabinolic acid and any other cannabinoids that have similar effects, or are marketed to have similar effects, on humans or animals as
THC
, as determined by the United States secretary of health and human services.

Current Bill Text

Read the full stored bill text

<BillNo> <Sponsor>

SENATE BILL 1652
By Gardenhire
SB1652
010336
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39;
Title 43 and Title 57, relative to hemp.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 43-27-101(3), is amended by
deleting the subdivision and substituting:
(3) "Hemp":
(A) Means the plant Cannabis sativa L. and any part of that plant,
including the seeds thereof and all derivatives, extracts, cannabinoids, isomers,
acids, salts, and salts of isomers, whether growing or not, with a total
tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of
not more than three-tenths of one percent (0.3%) on a dry weight basis;
(B) Includes industrial hemp; and
(C) Does not include:
(i) Any viable seeds from a Cannabis sativa L. plant that exceeds
a total tetrahydrocannabinols concentration, including
tetrahydrocannabinolic acid, of three-tenths of one percent (0.3%) in the
plant on a dry weight basis;
(ii) Any intermediate hemp-derived cannabinoid products
containing:
(a) Cannabinoids that are not capable of being naturally
produced by a Cannabis sativa L. plant;
(b) Cannabinoids that:

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(1) Are capable of being naturally produced by a
Cannabis sativa L. plant; and
(2) Were synthesized or manufactured outside the
plant; or
(c) More than three-tenths of one percent (0.3%)
combined total of:
(1) Total tetrahydrocannabinols, including
tetrahydrocannabinolic acid; and
(2) Any other cannabinoids that have similar
effects, or are marketed to have similar effects, on humans
or animals as a tetrahydrocannabinol, as determined by
the United States secretary of health and human services;
(iii) Any intermediate hemp-derived cannabinoid products which
are marketed or sold as a final product or directly to an end consumer for
personal or household use; or
(iv) Any final hemp-derived cannabinoid products containing:
(a) Cannabinoids that are not capable of being naturally
produced by a Cannabis sativa L. plant;
(b) Cannabinoids that:
(1) Are capable of being naturally produced by a
Cannabis sativa L. plant; and
(2) Were synthesized or manufactured outside the
plant; or
(c) Greater than four-tenths milligrams (0.4 mg) combined
total per container of:

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(1) Total tetrahydrocannabinols, including
tetrahydrocannabinolic acid; and
(2) Any other cannabinoids that have similar
effects, or are marketed to have similar effects, on humans
or animals as a tetrahydrocannabinol, as determined by
the United States secretary of health and human services;
SECTION 2. Tennessee Code Annotated, Section 43-27-101, is amended by adding
the following new subdivisions:
( ) "Container":
(A) Means the innermost wrapping, packaging, or vessel in direct contact
with a final hemp-derived cannabinoid product in which the final hemp-derived
cannabinoid product is enclosed for retail sale to consumers, such as a jar,
bottle, bag, box, packet, can, carton, or cartridge;
(B) Excludes bulk shipping containers or outer wrappings that are not
essential for the final retail delivery or sale to an end consumer for personal or
household use; and
(C) Does not include a drug that is the subject of an application approved
under subsection (c) or (j) of section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. § 355);
( ) "Hemp-derived cannabinoid product" means any intermediate or final product
derived from hemp, other than industrial hemp, that:
(A) Contains cannabinoids in any form; and
(B) Is intended for human or animal use through any means of
application or administration, such as inhalation, ingestion, or topical application;
( ) "Industrial hemp" means hemp:

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(A) Grown for the use of the stalk of the plant, fiber produced from such a
stalk, or any other non-cannabinoid derivative, mixture, preparation, or
manufacture of such a stalk;
(B) Grown for the use of the whole grain, oil, cake, nut, hull, or any other
non-cannabinoid compound, derivative, mixture, preparation, or manufacture of
the seeds of such plant;
(C) Grown for purposes of producing microgreens or other edible hemp
leaf products intended for human consumption that are derived from an immature
hemp plant that is grown from seeds that do not exceed the threshold for total
tetrahydrocannabinols concentration specified in subdivision (3)(C)(i);
(D) That is a plant that does not enter the stream of commerce and is
intended to support hemp research at an institution of higher education, as
defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. § 1001), or
an independent research institute; or
(E) Grown for the use of a viable seed of the plant produced solely for
the production or manufacture of any material described in subdivisions ( )(A)-
(D);
( ) "Intermediate hemp-derived cannabinoid product" means a hemp-derived
cannabinoid product that:
(A) Is not yet in the final form or preparation marketed or intended to be
used or consumed by a human or animal; or
(B) Is a powder, liquid, tablet, oil, or other product form which is intended
or marketed to be mixed, dissolved, formulated, or otherwise added to or
prepared with or into any other substance prior to administration or consumption;

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SECTION 3. Tennessee Code Annotated, Section 39-15-407, is amended by deleting
subdivision (2) and substituting:
(2) "Hemp" has the same meaning as defined in § 43-27-101;
SECTION 4. Tennessee Code Annotated, Section 39-17-1503, is amended by deleting
subdivision (6) and substituting:
(6) "Hemp" has the same meaning as defined in § 43-27-101;
SECTION 5. This act takes effect July 1, 2026, the public welfare requiring it.