Is THCA Legal in Tennessee?

Last reviewed: August 6, 2026

Illegal. 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 shaped the transition, with TDA-issued licenses honored through June 30, 2026; that settlement window has closed and the THCA ban has been fully in effect since July 1, 2026.

Tennessee Cannabis and Hemp Overview

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.

What Tennessee Law Says About THCA

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.

How Enforcement Has Played Out

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 expired on June 30, 2026. The ban took full effect July 1, 2026, and TABC enforcement has focused on convenience and grocery channels that historically stocked THCA products without the new license class.

What This Means for Retailers Selling THCA in Tennessee

• Pull THCA flower entirely. The settlement drawdown window closed June 30, 2026, and THCA above 0.3% dry weight is treated as marijuana under Title 39.
• Apply for a TABC hemp-derived cannabinoid license through the new three-tier supplier, wholesaler, retailer structure if you intend to sell permitted HDCPs now that TDA licenses have expired.
• All TDA-issued hemp licenses expired June 30, 2026 regardless of original issue date.
• Stop accepting online orders shipped to Tennessee addresses. PC 526 bans direct-to-consumer shipments into the state.
• Track the federal H.R. 5371 §781 redefinition that takes effect November 12, 2026. The new 0.4 mg total THC per container cap and the synthetic-cannabinoid exclusion further narrow what may move in interstate commerce.
• Monitor the post-trial posture of Tennessee Growers Coalition v. TDA and any related settlement amendments.

What This Means for Consumers Buying THCA in Tennessee

The settlement window that allowed remaining THCA inventory at TDA-licensed retailers closed June 30, 2026. THCA flower can no longer be sold lawfully in Tennessee, and new THCA flower cannot enter the lawful 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 not ship THCA products 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.

Pending Federal Change

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.

Frequently Asked Questions

Is THCA flower legal in Tennessee in 2026?
No. Public Chapter 526 classifies THCA above 0.3% dry weight as marijuana, and the legacy sales window at TDA-licensed retailers ended June 30, 2026.

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 of permitted HDCPs 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 happened to TDA hemp licenses on June 30, 2026?
They expired. To sell permitted HDCPs after that date you must hold 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.