Judge Blocks New Hemp Product Ban

What's New

A Tennessee judge has temporarily halted the implementation of the state's proposed new product-testing rules which could have banned certain hemp products being sold until February.

Davidson County Chancellor I'Ashea Myles issued a ruling on Monday, blocking the Tennessee Department of Agriculture's hemp-testing plans that were set to take effect on December 26. The proposed rules focus on THCA, a naturally occurring acid that converts to THC—a substance that produces psychoactive effects—when heated or smoked.

Why It Matters

The sale of hemp products has been legal in Tennessee since 2019. The new rules from the Tennessee Department of Agriculture have the potential to severely impact the hemp industry, which is valued at $280 million to $560 million in annual sales, according to survey data cited in legal documents and reported by the Tennessee Lookout.

Stock image of hemp seed pellets. A Tennessee judge has temporarily blocked new state product testing rules that would have banned the sale of some hemp products. Laura Lezza/Getty Images

What To Know

Tennessee defines legal hemp as a flower containing less than 0.3 percent Delta-9 THC, according to Channel 9 ABC News. Under the new rules, hemp would only be considered legal if it contains less than 0.3 percent THC after being burned.

Two industry groups, the Tennessee Healthy Alternatives Association and the Tennessee Growers Coalition, filed lawsuits challenging the new rules.

They argued that the rules would damage the legal hemp industry and claimed the agriculture department was overstepping its authority by attempting to criminalize a product that the Tennessee Legislature has not voted to outlaw.

Myles granted a temporary pause on the rules, citing the need for "additional understanding of the proposed testing" before making a final decision on the two lawsuits. The injunction will remain in place until February 18.

What People Are Saying

The Tennessee Healthy Alternatives Association said in a statement: "The Tennessee Healthy Alternatives Association did not want to sue the department [of agriculture], but it could not stand by in the face of such a decision. The department's rules outlaw products our elected officials in the General Assembly expressly legalized and would force mass layoffs and business closures among our members."

The Tennessee Growers Coalition posted on Facebook: "MERRY CHRISTMAS TO TN'S HEMP INDUSTRY! WE HAVE A TEMPORARY INJUNCTION ON THE TOTAL THC RULE AND THE HEMP FLOWER RULE! We can sell flower concentrates and vapes until that February date. This is also when the session will be kicking off as well, and we do have a plan to defeat a bill from the TBI! It's not a complete solution, but it is a solution for now! Merry Christmas and Happy Holidays to everybody."

Alex Little, attorney for the Tennessee Growers Coalition, said in a statement to Tennessee Lookout: "This injunction prevents immediate harm during the holidays and ensures consumers can continue accessing these hemp products."

Chris Sumrell, a hemp farmer and owner of retailer Farm to Med, told Channel 9 ABC News: "It was a lot of money that the Department of Revenue has gotten in the last six to eight months—I mean, it was millions. It would all go away if the [hemp] industry goes away."

The Tennessee Department of Agriculture said in a statement: "We respect the court's decision and look forward to reaching a final resolution of these matters."

What Happens Next

Parties from both sides will argue in court over the hemp testing proposals in February 2025.