Is THCA Legal in Tennessee?
May 22, 2026
THCA in Tennessee is now treated as marijuana above 0.3% dry weight under Public Chapter 526. TABC took over hemp licensing January 1, 2026.
THCA in Tennessee is now treated as marijuana above 0.3% dry weight under Public Chapter 526. TABC took over hemp licensing January 1, 2026.
Last reviewed: May 21, 2026
Illegal in practice at most retail. Public Chapter 526 (2025), signed by Governor Bill Lee on May 21, 2025, reclassifies THCA above 0.3% on a dry weight basis as marijuana under Tennessee law. The change took effect January 1, 2026 and moved hemp-derived cannabinoid (HDC) oversight from the Department of Agriculture to the Tennessee Alcoholic Beverage Commission. THCA flower, which routinely tests above the 0.3% dry weight threshold, falls outside the lawful HDC category. A Davidson County Chancery Court injunction obtained in December 2024 by the Tennessee Growers Coalition continues to shape what licensed retailers may sell during the transition, with TDA-issued licenses honored through June 30, 2026.
Tennessee built its hemp framework under Public Chapter 423 of 2023, codified at Tenn. Code Ann. §§43-27-201 through 43-27-211. That statute defined hemp-derived cannabinoid products (HDCPs), set a 21-and-older sales floor, imposed labeling and testing requirements, and capped aggregate hemp-derived cannabinoids at 25 mg per serving under §43-27-209. Licensing and the 25 mg cap took effect July 1, 2024.
Public Chapter 526 of 2025 then rewrote the framework. It transferred regulatory authority to the Tennessee Alcoholic Beverage Commission effective January 1, 2026, narrowed the definition of legal hemp by excluding THCA above 0.3% dry weight and excluding synthetic cannabinoids, prohibited online direct-to-consumer sales into Tennessee, and required retailers to be either age-restricted 21+ establishments or hold a TABC alcohol license. TABC adopted emergency rules on November 20, 2025 to bridge the transition.
Under Public Chapter 526, hemp is now tested on a post-decarboxylation total-THC basis for THCA purposes. THCA flower that tests above 0.3% dry weight is treated as marijuana under Title 39. That removes most commercial THCA flower from the lawful HDC supply chain because typical smokable THCA cultivars test well above that threshold. Smokable hemp products are separately prohibited under the §43-27 framework, which closes the channel further. Vape products and edibles that derive their psychoactive effect from converted THCA also face the synthetic-cannabinoid exclusion under PC 526.
The Tennessee Growers Coalition sued TDA in September 2024 over emergency rules that would have reclassified THCA on December 26, 2024. Davidson County Chancery Court issued a temporary injunction on December 23, 2024, halting those rules. The case was set for a non-jury trial on June 5-6, 2025 and remained active when the General Assembly passed PC 526 weeks earlier on May 21, 2025. A subsequent industry settlement preserved a transition window allowing TDA-licensed retailers to sell existing inventory until their licenses expire on June 30, 2026. TABC enforcement since January 1, 2026 has focused on convenience and grocery channels that historically stocked THCA products without the new license class.
Some THCA inventory remains at TDA-licensed retailers operating under the settlement window through June 30, 2026. After that date, new THCA flower cannot enter the lawful Tennessee supply chain under TABC rules. THCA converts to delta-9 THC when heated and triggers standard drug-test panels that look for delta-9 metabolites. Out-of-state online retailers may decline to ship to Tennessee addresses given the PC 526 direct-to-consumer prohibition, and the federal hemp redefinition on November 12, 2026 removes most THCA products from federal Farm Bill protection nationwide.
Federal H.R. 5371 §781, signed November 12, 2025 as part of the continuing resolution, replaces the 2018 Farm Bill’s delta-9-only standard with a post-decarboxylation total-THC test, caps finished hemp products at 0.4 mg total THC per container, and excludes synthetic cannabinoids from the hemp definition. The change takes effect November 12, 2026. Industry analysts estimate the vast majority of current THCA SKUs fall outside the new federal definition. See our 2018 Farm Bill revision explainer.
Is THCA flower legal in Tennessee in 2026?
Generally no. Public Chapter 526 classifies THCA above 0.3% dry weight as marijuana. Limited inventory at TDA-licensed retailers may be sold through June 30, 2026 under the industry settlement.
Why did oversight move from Agriculture to ABC?
Public Chapter 526 transferred regulatory authority to the Tennessee Alcoholic Beverage Commission to align HDCPs with the regulatory model used for alcohol, including age-restricted retail and tiered licensing.
Can a Tennessee convenience store still sell hemp gummies with THCA?
No. Convenience and grocery stores cannot hold a TABC HDC license. Sales are limited to 21+ age-restricted establishments and TABC alcohol licensees.
What about CBD products that contain only trace THCA?
Non-intoxicating CBD products remain available at retail provided they meet the 0.3% delta-9 threshold and the new 0.3% total-THC threshold under PC 526.
Does THCA show up on a drug test in Tennessee?
Yes. Heated THCA converts to delta-9 THC, and standard urine, saliva, and hair screens target delta-9 metabolites.
What happens to my TDA hemp license on June 30, 2026?
It expires. To keep selling HDCPs after that date you must obtain a TABC license under the new three-tier system that opened January 1, 2026.
This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Hemp and cannabis law in Tennessee changes frequently. For business compliance questions, consult a Tennessee-licensed cannabis attorney. Find one in our Cannabis Lawyer Directory.
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Public Chapter 526, 2025 (HB 1376 / SB 1413); Public Chapter 423, 2023 (SB 378 / HB 403); Tenn. Code §§43-27-201 to 43-27-211
PC 526 reclassifies THCA as marijuana above 0.3% dry weight effective Jan 1, 2026; smokable hemp prohibited under §43-27
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