September 23, 2026
Is CBD legal in Tennessee? Yes, and in 2026 the answer turns on one line of the lab report rather than on the word "CBD." Since January 1, 2026, Public Chapter 526 (2025) has put every hemp product with detectable THC under the Tennessee Alcoholic Beverage Commission: licenses, 21-plus sales, a total-THC test that counts THCA, and a wholesale tax. THC-free CBD sits outside that system; the legacy Department of Agriculture licenses expired June 30, 2026.
| Product | Legal in Tennessee? | License needed to sell | Buyer age | Test that governs |
|---|---|---|---|---|
| CBD isolate oil (THC non-detectable) | Yes, unregulated | None under Title 57, Chapter 7; CBD is excluded from the "hemp-derived cannabinoid" definition and the ABC says non-detect products need no license | No state age rule in Title 57 | COA showing non-detectable THC |
| Full-spectrum CBD oil (detectable delta-9 THC) | Yes, regulated as an HDCP | ABC retail license per location; ABC supplier and wholesaler upstream; brand registered with Revenue | 21+, proof of age required | Total THC = delta-9 + (0.877 x THCA), at or below 0.3% dry weight |
| CBD gummies | Yes. THC-free: unregulated. With detectable THC: HDCP | None if THC non-detect; ABC retail license if any THC is present | 21+ if HDCP | 0.3% total THC; 15 mg hemp-derived cannabinoids per serving; 20 servings or 300 mg per package; child-resistant; no animal or cartoon shapes |
| CBD or hemp flower, pre-rolls | Only if total THC is at or below 0.3% | ABC retail license; flower is expressly an HDCP | 21+ | Post-decarboxylation total THC; 0.5 oz per package; each cannabinoid's percentage on the label; $50 per ounce wholesale tax |
| Delta-8 (or HHC, delta-10, THCV) product | Yes, regulated as an HDCP. THCP and synthetic cannabinoids: illegal in any amount | ABC retail license; registered brand | 21+ | 0.3% total THC; 15 mg per serving; 300 mg per package; cartridges 500 mg and 40 servings maximum |
| Delta-9 hemp gummy | Yes, regulated as an HDCP | ABC retail license; registered brand | 21+ | 0.3% total THC dry weight; 15 mg per serving; 300 mg per package. Federal 0.4 mg per-container cap applies December 11, 2026 |
The statute excludes CBD, CBG, CBN and CBC from its definition of "hemp-derived cannabinoid," then treats any hemp product containing delta-9 THC at or below 0.3% as a hemp-derived cannabinoid in its own right. The ABC's hemp FAQ reads that as three bins: non-detectable THC is legal and unlicensed; detectable THC at or below 0.3% total THC is legal but licensed; above 0.3% is illegal. A full-spectrum tincture sits in the middle bin, next to a delta-8 vape.
House Bill 1376 passed on April 17, 2025, was signed by Gov. Bill Lee on May 21, 2025, and took effect as Public Chapter 526 on January 1, 2026, replacing the Department of Agriculture regime under Public Chapter 423 (2023, SB 378) with Tenn. Code Ann. Title 57, Chapter 7. Section 57-7-102(15) defines total theoretical THC as delta-9 THC plus 0.877 times THCA, dry weight; § 57-7-114 makes anything above 0.3% total THC, or containing THCP or a synthetic cannabinoid, a Class A misdemeanor to make or sell. THCA above 0.3% is carved out of the cannabinoid definition, so high-THCA flower has no lawful shelf (see THCA legality in Tennessee).
Section 57-7-106 sets a $500 application fee and annual fees of $1,000 per retail location, $2,500 per supplier location and $5,000 per wholesaler warehouse. Section 57-7-104 limits retail to 21-plus establishments, liquor-by-the-drink licensees (on-premise only), package stores and manufacturers licensed at one site; the ABC adds that gas stations lost eligibility on January 1, 2026. Product stays behind a barrier under a WARNING sign, with no self-checkout or vending, and § 57-7-113 bars shipping or delivering an HDCP to a Tennessee consumer, at $1,000, $5,000 and $10,000 per offense.
Section 57-7-110 requires child-resistant packaging, the serving and package caps shown in the table, and a QR code resolving to a batch COA from an ISO 17025 laboratory registered under the ABC's supplier and wholesaler rules (Chapter 0100-15); the retail rules (Chapter 0100-16) add two-year COA retention and, since July 1, 2026, wholesaler-only sourcing. The 2023 law's 6% retail tax is gone; the Department of Revenue's Hemp Tax Manual (June 2026) describes a wholesale tax of two cents per milligram of hemp-derived cannabinoid, $50 per ounce of flower and $4.40 per gallon of liquid, plus 10% on cartridges, a $300 annual brand registration, and the ordinary 7% sales tax. CBD is outside the per-milligram base because it is outside the definition.
The ABC filed emergency rules on December 26, 2025 and permanent rules on March 11, 2026, effective June 9. The industry's state suit ended in an agreed order keeping legacy licensees under the 2023 law until June 30, 2026, as reported by the Tennessee Lookout; the ABC FAQ confirms the cutoff. Cornbread Hemp v. Roberts (M.D. Tenn., filed September 17, 2025), a dormant Commerce Clause challenge to the three-tier structure and shipping ban, is listed by plaintiff's counsel Pacific Legal Foundation as dismissed in January 2026 "due to changes in federal law." No injunction appears on tn.gov, and on March 13, 2026 the ABC reported about 650 unlicensed sellers among 4,400 businesses canvassed. Other states' regimes are in court this month, including recent preemption rulings in Ohio, Hawaii and Connecticut.
Federally, § 781 of P.L. 119-37 rewrote 7 U.S.C. § 1639o, effective 365 days after November 12, 2025, to define hemp by total THC including THCA and to exclude finished products containing cannabinoids the plant cannot naturally produce, cannabinoids synthesized outside the plant, or more than 0.4 mg of total THC per container. Section 2019 of P.L. 119-103 (H.R. 6500), signed September 2, 2026, applies only the not-naturally-producible exclusion until December 11, 2026; the rest arrives that day unless Congress acts again.
Which rule binds: Tennessee already counts THCA, so the total-THC switch changes almost nothing on a Tennessee shelf. Tennessee's package limit is 300 mg of hemp-derived cannabinoids, not 0.4 mg of THC, though, so a 300 mg gummy pack or a full-spectrum tincture holding a few milligrams of THC stays a lawful, licensed HDCP on December 11 and stops being federal "hemp" the same day. The state license does not lapse; the federal footing does, because the 2018 Farm Bill's interstate-transport protection reaches only "hemp" as defined. That is the problem the federal 0.4 mg per-container cap creates for suppliers shipping into the state; read it alongside the state deadlines and the December 11 federal date. The state's head start on THCA does not protect it on milligrams.
Texas defines hemp in statute by delta-9 THC alone, but a Department of State Health Services rule effective March 31, 2026 counts THCA, and the Texas State Law Library notes the Fifteenth Court of Appeals has let it stand pending challenge. Tennessee's THCA counting is statutory and unenjoined; Texas's is a rule in litigation, as how Texas treats CBD in 2026 shows. The same rule change is central to whether THC gummies remain legal in Texas, since gummies are the edible category most directly exposed to a THCA-inclusive total-THC test. Virginia went the other way on August 15, 2026: the 25:1 ratio is gone and nothing above 2 mg of total THC per package sells as hemp, making Virginia's 2 mg cap 150 times tighter than a Tennessee-compliant 300 mg pack. Kentucky's SB 202 (2025) routes only cannabis-infused beverages through its ABC, at 5 mg per 12-ounce serving, and permits direct shipping; Kentucky's beverage three-tier rules are the mirror image of Tennessee's all-products, no-shipping model. The state-by-state THCA guide covers the rest.
| State | Regulator for finished products | THCA counted toward THC? | Milligram limits | Ship to consumers? |
|---|---|---|---|---|
| Tennessee | Alcoholic Beverage Commission (all HDCP forms) | Yes, by statute since 1/1/2026 (0.877 formula) | 15 mg per serving; 300 mg or 20 servings per package; no 0.4 mg-style THC cap | No; in-person only |
| Texas | DSHS (registration); TABC age rules for its licensees | Yes, by DSHS rule since 3/31/2026, under court challenge | None in statute; cannabinoid vapes banned | Not addressed here; see the Texas pages |
| Virginia | Cannabis Control Authority from August 2026 | Yes (total THC) | 2 mg total THC per package since 8/15/2026; 25:1 ratio repealed | Not addressed here; see the Virginia post |
| Kentucky | ABC for beverages only; CHFS for other products | Not addressed here | 5 mg intoxicating cannabinoids per 12 oz beverage serving | Yes for beverages, with a direct shipper license |
No. Hemp-derived CBD has been outside the federal Controlled Substances Act since the 2018 Farm Bill, though FDA says CBD cannot be added to food or sold as a dietary supplement in interstate commerce. The federal hemp definition changes in two steps: November 12, 2026 excludes cannabinoids the plant cannot naturally produce; December 11, 2026 adds a total-THC test counting THCA and a 0.4 mg per-container cap. THC-free isolate stays federal hemp; a full-spectrum product above 0.4 mg of THC per container does not after December 11.
Yes. CBD is legal in Tennessee. Since January 1, 2026, Public Chapter 526 (2025) draws the line at detectable THC, not at CBD: non-detectable THC needs no state license, while any hemp product with detectable THC at or below 0.3% total THC is a hemp-derived cannabinoid product that only an Alcoholic Beverage Commission licensee may sell, to buyers 21 and older. Anything above 0.3% total THC, or containing THCP or a synthetic cannabinoid, is illegal.
Yes. Hemp cultivation is licensed by the Tennessee Department of Agriculture, and since January 1, 2026 the manufacture, wholesale distribution and retail sale of hemp-derived cannabinoid products, including hemp flower, are licensed by the Alcoholic Beverage Commission under Tenn. Code Ann. Title 57, Chapter 7. Hemp or flower above 0.3% total THC, meaning delta-9 THC plus 0.877 times THCA on a dry-weight basis, cannot be made or sold; doing so is a Class A misdemeanor.
Yes. CBD oil with non-detectable THC is legal and unlicensed in Tennessee. Full-spectrum CBD oil with detectable delta-9 THC at or below 0.3% total THC is legal but regulated: sold only by an ABC-licensed retailer, in person, to a buyer showing proof of age 21 or older, in child-resistant packaging with a QR code that resolves to the certificate of analysis. Read that certificate for total THC, which Tennessee calculates with THCA included.
Yes. THC-free CBD gummies need no state license. CBD gummies with any detectable THC are hemp-derived cannabinoid products: an ABC-licensed seller, a 21-and-over buyer, no more than 15 mg of hemp-derived cannabinoids per serving and 20 servings or 300 mg per package, child-resistant packaging, no animal or cartoon shapes. CBD itself is excluded from the milligram counts; THC and the other listed cannabinoids are what the caps measure.
Only if total THC, meaning delta-9 THC plus 0.877 times THCA, is at or below 0.3% on a dry-weight basis. Compliant hemp flower is a hemp-derived cannabinoid product: sold only by an ABC-licensed retailer to buyers 21 and older, in packages of no more than half an ounce, with each cannabinoid's percentage on the label and a $50-per-ounce wholesale tax paid upstream. High-THCA flower marketed as CBD flower generally fails the test and is illegal to sell.
This is regulatory journalism, not legal advice — talk to your counsel.
Is CBD legal in Tennessee? Yes, and in 2026 the answer turns on one line of the lab report rather than on the word "CBD." Since January 1, 2026, Public Chapter 526 (2025) has put every hemp product with detectable THC under the Tennessee Alcoholic Beverage Commission: licenses, 21-plus sales, a total-THC test that counts THCA, and a wholesale tax. THC-free CBD sits outside that system; the legacy Department of Agriculture licenses expired June 30, 2026.
| Product | Legal in Tennessee? | License needed to sell | Buyer age | Test that governs |
|---|---|---|---|---|
| CBD isolate oil (THC non-detectable) | Yes, unregulated | None under Title 57, Chapter 7; CBD is excluded from the "hemp-derived cannabinoid" definition and the ABC says non-detect products need no license | No state age rule in Title 57 | COA showing non-detectable THC |
| Full-spectrum CBD oil (detectable delta-9 THC) | Yes, regulated as an HDCP | ABC retail license per location; ABC supplier and wholesaler upstream; brand registered with Revenue | 21+, proof of age required | Total THC = delta-9 + (0.877 x THCA), at or below 0.3% dry weight |
| CBD gummies | Yes. THC-free: unregulated. With detectable THC: HDCP | None if THC non-detect; ABC retail license if any THC is present | 21+ if HDCP | 0.3% total THC; 15 mg hemp-derived cannabinoids per serving; 20 servings or 300 mg per package; child-resistant; no animal or cartoon shapes |
| CBD or hemp flower, pre-rolls | Only if total THC is at or below 0.3% | ABC retail license; flower is expressly an HDCP | 21+ | Post-decarboxylation total THC; 0.5 oz per package; each cannabinoid's percentage on the label; $50 per ounce wholesale tax |
| Delta-8 (or HHC, delta-10, THCV) product | Yes, regulated as an HDCP. THCP and synthetic cannabinoids: illegal in any amount | ABC retail license; registered brand | 21+ | 0.3% total THC; 15 mg per serving; 300 mg per package; cartridges 500 mg and 40 servings maximum |
| Delta-9 hemp gummy | Yes, regulated as an HDCP | ABC retail license; registered brand | 21+ | 0.3% total THC dry weight; 15 mg per serving; 300 mg per package. Federal 0.4 mg per-container cap applies December 11, 2026 |
The statute excludes CBD, CBG, CBN and CBC from its definition of "hemp-derived cannabinoid," then treats any hemp product containing delta-9 THC at or below 0.3% as a hemp-derived cannabinoid in its own right. The ABC's hemp FAQ reads that as three bins: non-detectable THC is legal and unlicensed; detectable THC at or below 0.3% total THC is legal but licensed; above 0.3% is illegal. A full-spectrum tincture sits in the middle bin, next to a delta-8 vape.
House Bill 1376 passed on April 17, 2025, was signed by Gov. Bill Lee on May 21, 2025, and took effect as Public Chapter 526 on January 1, 2026, replacing the Department of Agriculture regime under Public Chapter 423 (2023, SB 378) with Tenn. Code Ann. Title 57, Chapter 7. Section 57-7-102(15) defines total theoretical THC as delta-9 THC plus 0.877 times THCA, dry weight; § 57-7-114 makes anything above 0.3% total THC, or containing THCP or a synthetic cannabinoid, a Class A misdemeanor to make or sell. THCA above 0.3% is carved out of the cannabinoid definition, so high-THCA flower has no lawful shelf (see THCA legality in Tennessee).
Section 57-7-106 sets a $500 application fee and annual fees of $1,000 per retail location, $2,500 per supplier location and $5,000 per wholesaler warehouse. Section 57-7-104 limits retail to 21-plus establishments, liquor-by-the-drink licensees (on-premise only), package stores and manufacturers licensed at one site; the ABC adds that gas stations lost eligibility on January 1, 2026. Product stays behind a barrier under a WARNING sign, with no self-checkout or vending, and § 57-7-113 bars shipping or delivering an HDCP to a Tennessee consumer, at $1,000, $5,000 and $10,000 per offense.
Section 57-7-110 requires child-resistant packaging, the serving and package caps shown in the table, and a QR code resolving to a batch COA from an ISO 17025 laboratory registered under the ABC's supplier and wholesaler rules (Chapter 0100-15); the retail rules (Chapter 0100-16) add two-year COA retention and, since July 1, 2026, wholesaler-only sourcing. The 2023 law's 6% retail tax is gone; the Department of Revenue's Hemp Tax Manual (June 2026) describes a wholesale tax of two cents per milligram of hemp-derived cannabinoid, $50 per ounce of flower and $4.40 per gallon of liquid, plus 10% on cartridges, a $300 annual brand registration, and the ordinary 7% sales tax. CBD is outside the per-milligram base because it is outside the definition.
The ABC filed emergency rules on December 26, 2025 and permanent rules on March 11, 2026, effective June 9. The industry's state suit ended in an agreed order keeping legacy licensees under the 2023 law until June 30, 2026, as reported by the Tennessee Lookout; the ABC FAQ confirms the cutoff. Cornbread Hemp v. Roberts (M.D. Tenn., filed September 17, 2025), a dormant Commerce Clause challenge to the three-tier structure and shipping ban, is listed by plaintiff's counsel Pacific Legal Foundation as dismissed in January 2026 "due to changes in federal law." No injunction appears on tn.gov, and on March 13, 2026 the ABC reported about 650 unlicensed sellers among 4,400 businesses canvassed. Other states' regimes are in court this month, including recent preemption rulings in Ohio, Hawaii and Connecticut.
Federally, § 781 of P.L. 119-37 rewrote 7 U.S.C. § 1639o, effective 365 days after November 12, 2025, to define hemp by total THC including THCA and to exclude finished products containing cannabinoids the plant cannot naturally produce, cannabinoids synthesized outside the plant, or more than 0.4 mg of total THC per container. Section 2019 of P.L. 119-103 (H.R. 6500), signed September 2, 2026, applies only the not-naturally-producible exclusion until December 11, 2026; the rest arrives that day unless Congress acts again.
Which rule binds: Tennessee already counts THCA, so the total-THC switch changes almost nothing on a Tennessee shelf. Tennessee's package limit is 300 mg of hemp-derived cannabinoids, not 0.4 mg of THC, though, so a 300 mg gummy pack or a full-spectrum tincture holding a few milligrams of THC stays a lawful, licensed HDCP on December 11 and stops being federal "hemp" the same day. The state license does not lapse; the federal footing does, because the 2018 Farm Bill's interstate-transport protection reaches only "hemp" as defined. That is the problem the federal 0.4 mg per-container cap creates for suppliers shipping into the state; read it alongside the state deadlines and the December 11 federal date. The state's head start on THCA does not protect it on milligrams.
Texas defines hemp in statute by delta-9 THC alone, but a Department of State Health Services rule effective March 31, 2026 counts THCA, and the Texas State Law Library notes the Fifteenth Court of Appeals has let it stand pending challenge. Tennessee's THCA counting is statutory and unenjoined; Texas's is a rule in litigation, as how Texas treats CBD in 2026 shows. The same rule change is central to whether THC gummies remain legal in Texas, since gummies are the edible category most directly exposed to a THCA-inclusive total-THC test. Virginia went the other way on August 15, 2026: the 25:1 ratio is gone and nothing above 2 mg of total THC per package sells as hemp, making Virginia's 2 mg cap 150 times tighter than a Tennessee-compliant 300 mg pack. Kentucky's SB 202 (2025) routes only cannabis-infused beverages through its ABC, at 5 mg per 12-ounce serving, and permits direct shipping; Kentucky's beverage three-tier rules are the mirror image of Tennessee's all-products, no-shipping model. The state-by-state THCA guide covers the rest.
| State | Regulator for finished products | THCA counted toward THC? | Milligram limits | Ship to consumers? |
|---|---|---|---|---|
| Tennessee | Alcoholic Beverage Commission (all HDCP forms) | Yes, by statute since 1/1/2026 (0.877 formula) | 15 mg per serving; 300 mg or 20 servings per package; no 0.4 mg-style THC cap | No; in-person only |
| Texas | DSHS (registration); TABC age rules for its licensees | Yes, by DSHS rule since 3/31/2026, under court challenge | None in statute; cannabinoid vapes banned | Not addressed here; see the Texas pages |
| Virginia | Cannabis Control Authority from August 2026 | Yes (total THC) | 2 mg total THC per package since 8/15/2026; 25:1 ratio repealed | Not addressed here; see the Virginia post |
| Kentucky | ABC for beverages only; CHFS for other products | Not addressed here | 5 mg intoxicating cannabinoids per 12 oz beverage serving | Yes for beverages, with a direct shipper license |
No. Hemp-derived CBD has been outside the federal Controlled Substances Act since the 2018 Farm Bill, though FDA says CBD cannot be added to food or sold as a dietary supplement in interstate commerce. The federal hemp definition changes in two steps: November 12, 2026 excludes cannabinoids the plant cannot naturally produce; December 11, 2026 adds a total-THC test counting THCA and a 0.4 mg per-container cap. THC-free isolate stays federal hemp; a full-spectrum product above 0.4 mg of THC per container does not after December 11.
Yes. CBD is legal in Tennessee. Since January 1, 2026, Public Chapter 526 (2025) draws the line at detectable THC, not at CBD: non-detectable THC needs no state license, while any hemp product with detectable THC at or below 0.3% total THC is a hemp-derived cannabinoid product that only an Alcoholic Beverage Commission licensee may sell, to buyers 21 and older. Anything above 0.3% total THC, or containing THCP or a synthetic cannabinoid, is illegal.
Yes. Hemp cultivation is licensed by the Tennessee Department of Agriculture, and since January 1, 2026 the manufacture, wholesale distribution and retail sale of hemp-derived cannabinoid products, including hemp flower, are licensed by the Alcoholic Beverage Commission under Tenn. Code Ann. Title 57, Chapter 7. Hemp or flower above 0.3% total THC, meaning delta-9 THC plus 0.877 times THCA on a dry-weight basis, cannot be made or sold; doing so is a Class A misdemeanor.
Yes. CBD oil with non-detectable THC is legal and unlicensed in Tennessee. Full-spectrum CBD oil with detectable delta-9 THC at or below 0.3% total THC is legal but regulated: sold only by an ABC-licensed retailer, in person, to a buyer showing proof of age 21 or older, in child-resistant packaging with a QR code that resolves to the certificate of analysis. Read that certificate for total THC, which Tennessee calculates with THCA included.
Yes. THC-free CBD gummies need no state license. CBD gummies with any detectable THC are hemp-derived cannabinoid products: an ABC-licensed seller, a 21-and-over buyer, no more than 15 mg of hemp-derived cannabinoids per serving and 20 servings or 300 mg per package, child-resistant packaging, no animal or cartoon shapes. CBD itself is excluded from the milligram counts; THC and the other listed cannabinoids are what the caps measure.
Only if total THC, meaning delta-9 THC plus 0.877 times THCA, is at or below 0.3% on a dry-weight basis. Compliant hemp flower is a hemp-derived cannabinoid product: sold only by an ABC-licensed retailer to buyers 21 and older, in packages of no more than half an ounce, with each cannabinoid's percentage on the label and a $50-per-ounce wholesale tax paid upstream. High-THCA flower marketed as CBD flower generally fails the test and is illegal to sell.
This is regulatory journalism, not legal advice — talk to your counsel.
