BRADY FLANIGANStaff Writer

Tennessee’s hemp industry is a green revolution that’s been growing like bamboo since 2019, but a sweeping new set of regulations imposed by the Tennessee Department of Agriculture (TDA) threatens to uproot the industry at the foundation. The lifeblood of this fight is over the chemical THCa. It’s a naturally occurring compound in hemp, but when exposed to heat undergoes a chemical change and converts to the drug most responsible for making users feel high, delta-9-THC. Under current laws THCa is legal in Tennessee, but new regulatory changes imposed in late December aim to make it functionally criminal, leaving growers and retailers scrambling to keep their livelihoods intact.  

Right now, the war over hemp is raging in the Davidson County Chancery Court, where Chancellor l’Ashea Myles has granted a temporary reprieve on the Dec. 26 regulatory change. Myles’ injunction pushes any final decisions to Feb. 18. In the meantime, the hemp industry will have to sit around gritting its teeth.   

At its core, this is all a war of definitions. Hemp and marijuana come from the same plant family—cannabis—but under state and federal law, hemp is cannabis containing less than 0.3% delta-9-THC. For years, THCa products have been sold legally in Tennessee because they fit within this definition. The catch? Heat them up—say, by smoking or cooking—and THCa converts into delta-9 THC. TDA’s new rules would measure the total concentration of both compounds, effectively criminalizing products that have been legal for years.

It was this decision that prompted the hemp advocacy group, the Tennessee Growers Coalition, to file suit in June of ‘24, arguing the new regulations were overstretching the department’s regulatory authority. The Tennessee Healthy Alternatives Association echoed this in its legal filings by stating “The Department wants to unilaterally outlaw the most popular legal hemp products in Tennessee, those containing THCa.” Tennessee’s hemp industry brings in an estimated $280 to $560 million annually, based on data cited in the legal documents.

This injunction represents a critical pause for the hemp industry, which was bracing for chaos the day after Christmas. Myles’ ruling tosses growers and retailers a lifeline, giving the court time to test the strength of the regulatory noose tied by the TDA’s new rules. For now, THCa products remain on the shelves, but the industry is holding its breath until February.

The Tennessee Growers Coalition and Tennessee Healthy Alternatives Association argue the stakes couldn’t be higher. They say the rules would have caused immediate upheaval, shuttered businesses and left farmers with crops that could turn outlaw by sunrise. By stepping in, the court has temporarily spared the industry from what many see as a regulatory nightmare.

Myles has set Feb. 18 for the final hearing, with both sides facing strict deadlines to file additional evidence. Until then the hemp industry has been granted a brief reprieve, but the ghosts of the new rules still loom. For now, the pause offers relief, but the February hearing will determine whether Tennessee’s hemp industry continues to grow—or is killed before it grows.