General Tennessee Hemp Rules

Background Information:

The Tennessee Department of Agriculture is in charge of the rules and regulations regarding hemp production throughout Tennessee. Under the State’s Industrial Hemp Pilot Program, Tennessee allowed farmers to start growing hemp in 2015 under strict licensing and registration requirements. In June 2019, the Tennessee Department of Agriculture updated its rules and licensing procedures to streamline the licensing process and to be more consistent with how other crop programs are managed.

Definition of Hemp:

As defined in Tennessee, “Hemp” 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 delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis. T.C.A. §43-27-101(3).

Licensing:

The TDA does not issue licenses for the sale of processed hemp products, but according to the new rules, any person interested in growing hemp or possessing rooted material still needs to obtain a hemp  license. The application period for a license is now open year-round. Licenses will expire June 30 of each year, and all grower licenses issued in 2019 will expire June 2020.

If you are making a product for human consumption, you are required to be licensed as a food manufacturing facility through the TDA’s food and dairy section.

Hemp seed producers are treated like any other seed producer in Tennessee and are subject to the same rules and regulations. Any producer who manufactures, distributes, or whose name is on the label is required to obtain a Tennessee Seed Seller’s License.

Movement Permits:

Movement permits are required (per vehicle per day) to transport rooted material or harvested material to a commercial processor. Although movement permits are not required for transport between field and drying barns, permits are easily and immediately obtainable on-line and are recommended.

This information is provided for informational purposes only and is not to be considered legal advice. Prior to relying on this information, please contact boylanlegal.com for a consultation.

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