Tennessee Growers Coalition (TGC) Secures Injunction to Halt THCA Ban in Tennessee

CIF | December 24, 2024

Tennessee Hemp Industry Scores a Big Win—But the Fight Isn’t Over

Just in the nick of time, the Tennessee Growers Coalition (TGC) won two crucial lawsuits on December 23rd, securing a temporary injunction that halts a ban on THCA, which was set to take effect on December 26th. This injunction will remain in place until at least February 18th, when we at the TGC will return to court to fight for a permanent injunction. 

Thanks to this victory, new regulations banning THCA won’t be enforced for now. This means hemp flower and THCA products remain legal and accessible for both retailers and consumers.

Why the Court Ruled in Favor of the Tennessee Hemp Industry

The court sided with the hemp industry because the state’s current laws didn’t align with the Tennessee Department of Agriculture’s (TDA) rules. Essentially, the court found that the TDA overstepped its authority by creating rules that went beyond what the state legislature approved.

The Two Lawsuits We Won

1. Total THC Lawsuit

The first lawsuit challenged a rule that included total THC (not just Delta-9 THC) in the classification of hemp. The court ruled that the Tennessee Department of Agriculture’s total-THC classification exceeded the scope of the law. Winning this temporary injunction means that products with THCA, including flower, vapes, and concentrates, will remain legal for now.

2. Removing Hemp Flower as a Hemp-Derived Cannabinoid

Our second lawsuit clarified that hemp flower doesn’t fit within the definition of a hemp-derived cannabinoid—it’s just hemp. Think of it like this: ketchup is a derivative of tomatoes, but tomatoes are just tomatoes. Similarly, hemp flower isn’t a derivative—it’s the original product. By winning this temporary injunction, it was established that all THCA flower is legal because it falls outside the state statute’s reach.

You can read the full court filings here.

The Future of THCA in Tennessee: What Happens Next

This temporary injunction is a huge win for our hemp industry. Still, there’s a long road ahead to protect hemp.

On February 18th, the Tennessee Growers Coalition will be back in court to fight for a permanent injunction on the rules. We’re optimistic about winning that fight.

Meanwhile, the Tennessee Bureau of Investigation (TBI) and Tenessee Department of Agriculture (TDA) are likely to push lawmakers to pass new laws when the legislative session begins in January. Their goal? A bill that bans THCA altogether.

Protecting Tennessee’s Hemp Industry: Our Plan of Action

To protect the hemp industry, we’re taking proactive steps. Our lawyers are drafting new legislation to regulate hemp flower with common-sense laws, such as requiring a 30-day pre-harvest test and clear product labeling.

Staying ahead is the best way to defend the industry—and we’re ready for the fight ahead.