“CBD primarily comes from hemp and if you have hemp-derived CBD products that is perfectly legal in the U.S. and Tennessee,” said professor Elliot Altman, who is one of the foremost experts on CBD oil in Tennessee.
“The problem is the misconception and confusion is that they both come from the same plant – cannabis,” said Altman.
Plenty of people know about CBD, using it for everything from a sleep aid to a pain reliever. Such CBD products sold legally in Tennessee do not contain enough product to create a high. It comes from hemp, not marijuana
So, if hemp and CBD oil made from hemp is legal why did law enforcement conduct Operation Candy Crush?
Professor Altman was subpeonaed to testify in the case, if needed to explain to the judge the key difference between hemp and marijuana.
Later in 2016, House Bill 1044 was signed into law, allowing cannabis with .9% of THC or lower to be manufactured, processed, dispensed, and possessed by patients referred to by a four-year public institution within the state as part of a clinical research study on antiseizure, anticancer, or other immunomodulatory properties of the plant. This bill is the closest Tennessee has to a legal medical marijuana system, and may be used as an affirmative defense in the event that a patient is arrested with cannabis containing .9% THC or less.
The Hemp Farming Act of 2018 legalized the cultivation of hemp, and altered the definition of hemp to create a separate, legal pathway for hemp to be removed from the Schedule I category and differentiate from cannabis in the legal definition. Hemp is cannabis that contains less than .3% THC by weight and marijuana is cannabis that contains more than .3% THC. Hemp-derived CBD was declassified from the Controlled Substances Act by the Hemp Farming Act of 2018, but CBD derived from the marijuana plant is still considered illegal at a federal level and is categorized as a Schedule I controlled substance. A helpful explainer is available on the Brookings Institute website.
The possession of half an ounce of marijuana or less elsewhere in the state of Tennessee is considered a misdemeanor, with a fine of up to $250, and up to one year in jail. The possession of more than half an ounce of marijuana is still considered a misdemeanor offense, but the fine increases to $500, with up to one year in jail.
Tennessee CBD possession limits
The short answer is yes. Cannabidiol oil that is derived from hemp, and that contains less than 0.3% tetrahydrocannabinol (THC) is legal for use in oils, tinctures, topicals, and even infused into certain kinds of edible products, as well. Since the passage of the Hemp Farming Act of 2018, all hemp products and products derived from hemp were legalized for sale, use, and possession at a federal level. The US Department of Agriculture are in charge of maintaining rules and regulations regarding the safety and quality standards, although the US Food and Drug Administration still maintain power over the marketing and regulation of CBD labeling, therapeutic claims, and additive to food products.
Cannabidiol (CBD) is a non-intoxicating cannabinoid found in both cannabis and hemp plants. After tetrahydrocannabinol (THC), it is the most abundant compound found in cannabis plants, although CBD derived from hemp usually only contains trace amounts of THC, less than 0.3% by legal definition. CBD is known to have many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressing properties.
To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps
CBD products containing less than .6% THC are legal for possession. Photo by: Gina Coleman/Weedmaps