WHAT IS HEMP?

HEMP V. MARIJUANA

Hemp is a variety of the Cannabis Sativa plant family that contains negligible amounts of THC, the chemical that causes the consumer to get a euphoric feeling or psychoactive effect know by many as being “high”. Marijuana is another variety of Cannabis (Sativa or Indica) that looks and smells similar creating lots of confusion in the public and among law enforcement.

Cannabis contains a several different types of Cannabinoids. Two types of Cannabinoids are Tetrahydrocannabinol (THC) and Cannabidiol (CBD). Both Cannabinoids are beneficial, however THC gets you high and CBD does not. Hemp is rich in CBD and has less than .3% THC, while Marijuana has large amounts of THC (15%-35%). 

Tennessee Law Defining Industrial Hemp

Under Tennessee Law, Tenn. Code Ann. 43-26-102 (4)(A), "Industrial hemp" means the plants, plant parts, or whole plant extract, whether in manufacturing process or reconstituted, of the genera cannabis that do not contain a delta-9 tetrahydrocannabinol (THC) concentration more than three-tenths of one percent (0.3%) on a dry mass basis and that are grown:

  • (i) From seed or propagules from seed certified by a certifying agency, as defined in § 43-10-103;
  • (ii) From seed or propagules derived from landrace varieties of industrial hemp; or
  • (iii) By an institution of higher education in this state that offers a baccalaureate or post-graduate level program of study in agricultural sciences; and

Section (B) states that Industrial Hemp includes any industrial hemp-derived products that do not contain more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol (THC) in a topical or ingestible consumer product.

  • (i) From seed or propagules from seed certified by a certifying agency, as defined in § 43-10-103;
  • (ii) From seed or propagules derived from landrace varieties of industrial hemp; or
  • (iii) By an institution of higher education in this state that offers a baccalaureate or post-graduate level program of study in agricultural sciences; and

Section (B) states that Industrial Hemp includes any industrial hemp-derived products that do not contain more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol (THC) in a topical or ingestible consumer product.

Licensing Requirement for Growers & Processors of Hemp

Tenn. Code Ann. 43-26-103 (b) - Any person who grows or processes industrial hemp in this state must obtain an annual license from the department of agriculture. In order to obtain and maintain an industrial hemp license, the grower or processor must consent to reasonable inspection by the department of agriculture of the person's industrial hemp crop and inventory.

Hemp Flower - Hemp Law Group Tennessee - Protecting the Rights of Hemp Based Businesses in Tennessee

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