TNHAA Member FAQ

Last updated: 6/12/2026

This FAQ is not legal advice.

This document answers questions submitted by TNHAA members about Tennessee's hemp law (HB1376), which takes effect January 1, 2026. For legacy license holders, these laws, rules, and regulations take effect July 1, 2026. The answers are based on statutory interpretation, rulemaking, and current best practices.

This is a living document and will be updated regularly as we find out more and accurate information is confirmed. Send your questions to info@tnhaa.org and our team will track down a thorough answer, respond to you directly, and update the FAQ so that every member can benefit from the information.

The Tennessee Alcoholic Beverage Commission (ABC) has put out an FAQ about the new regulations that can be found here.

BRAND REGISTRY: Click here. Scroll down beyond the TNTAP log in and click on "Approved Brands and Products," then click on Hemp Brand Registry.

Legality & Product Compliance

Q: What is the nuance of flower and smokeables?

A: Flower and smokeable products, including THCa vapes are effectively banned. These products are permitted under HB1376 only if they do not exceed 0.3% total THC, calculated as Delta-9 THC plus 87.7% of THCa content. THCa-rich flower will effectively be banned. All flower sold at retail must also be pre-packaged and labeled in compliance with HDCP rules, and may not be sold in loose bulk or by weight.

Q: Does the new law require your store to be 21+ to enter? What is the penalty for not doing so?

A: Yes (unless the store is a licensed liquor retailer under TCA §57-3-204 or holds a license for "on-premises consumption" under TCA §57-4-102 or §57-4-201). It’s a Class A misdemeanor to violate this part of the law. Citation here: T.C.A. §§57-7-104(b)(1) & 104(e)

Q: What about enforcement of the product registry? Do products needs to be on the list or up simply comply with the new standards?

A: If you buy products before July 1 and it’s compliant after July 1 you can sell it, but after July 1, you cannot buy it from anyone that’s not on the list.

Q: Is D8 going to be considered synthetic? The current law tries to distinguish between ‘synthetic’ and ‘natural’ D8—how do they plan on deciphering between the two?

A: Under HB1376, Delta-8 is not considered synthetic if it is derived from hemp or hemp plant parts. This includes conversion from hemp-derived CBD. As long as the final product meets THC limits and labeling requirements, it is legal under the statute. The term 'synthetic' in HB1376 is more limited than in industry usage, which often mislabels isomerized cannabinoids as synthetic.

Q: Can you spray the allowed HDCs on CBG flower?

A: Spraying CBG flower with compliant cannabinoids such as Delta-8 or THCv is not prohibited, provided the resulting product does not exceed 0.3% total THC and complies with packaging and labeling requirements.

Q: Explain the flower part: are they saying it can’t exceed 0.3% THCA decarbed?

A: Yes. The law uses a 'total theoretical THC' standard, which includes Delta-9 THC and THCa multiplied by 0.877 (to account for decarboxylation). If the calculated total exceeds 0.3%, the product is not legal for sale or distribution.

Q: How will they define synthetics?

A: HB1376 defines "Synthetic cannabinoid" as “a substance with an identical or substantially similar chemical structure to or the pharmacological activity of a cannabinoid, but that is not extracted from hemp or hemp plant parts or derived from hemp or hemp plant parts.” Cannabinoids like Delta-8 and Delta-10 derived from hemp (e.g. CBD) should not be considered synthetic under this law.

Q: Does the new law state all flower has to be sold in packaging?

A: HB1376 requires all flower products sold at retail to “be packaged in a single package or container that contains not more than one-half (0.5) of an ounce by weight of HDCP, regardless of the milligram content of hemp-derived cannabinoids in such hemp plant parts or hemp flower.”

Q: If the farmer is selling it direct to wholesalers, is it mandated that it’s in packaging?

A: If the farmer is acting as a licensed supplier and is selling for retail purposes, packaging is required. If selling wholesale for further processing, it is not—but labeling and documentation rules still apply.

Q: What establishments can sell THC drinks?

A: There are three ways establishments can be permitted to sell drinks containing THC:
        1.⁠ ⁠A retailer that limits entry to 21+;
        2.⁠ ⁠⁠have a liquor store license; OR
        3.⁠ ⁠⁠have a license for on-premise consumption (i.e. bar/restaurant with liquor
            license)

Q: What max mg (THC) can we sell?

A: HB1376 sets the limit at 15 mg per serving and 300 mg per package for cannabinoids like Delta-8, Delta-10, and HHC. Vape cartridges are limited to 500 mg of psychoactive HDCs per cartridge.

Q: On drinks: Is there a certain fluid ounces per so many milligrams, and a difference for cans vs bottles?

A: Under 750ml drinks need resealable bottles (like screw caps or corks) and serving size needs to be under 15mg. For cans, 30mg per 12oz can is the max but 2 servings.

Q: If the state gives us a permit to grow and comes and tests the crop and inspects our farm, and we pass the test at less than 0.3% total THC, then the USDA receives the report and certifies it as hemp—can it be sold in Tennessee?

A: Only if the finished product complies with Tennessee's HDCP rules, which include additional packaging, potency, and labeling requirements. USDA certification alone does not authorize in-state retail sale under HB1376.

Taxation & Revenue Compliance

Q: What is the breakdown of the tax on drinks, vapes, and edibles?

A: Flower at $50.00 per oz or $6.17 per gram
Edibles at $0.02 per mg of psychoactive cannabinoid or HDCs
Drinks at $4.40 per gallon or $0.034 per oz
Vapes at ten percent (10%) on the product's wholesale cost <Plus $0.00116 per mL based on the gallonage, or $1 per 2,000 half gram (0.5mL) units>

Q: How will ABC know what’s for in-state vs out-of-state when they are doing site checks?

A: Licensees must maintain records separating inventory by destination (e.g., bills of lading, batch logs, purchase orders). ABC is expected to issue rules requiring documentation distinguishing between in-state HDCP inventory and out-of-state shipments.

Q: How will they regulate D2C?

A: Direct-to-consumer shipping is banned under HB1376. Enforcement will likely focus on online sales, shipping records, and penalties for licensed entities that violate the rule; but such is purely conjecture and remains to be seen.

Packaging and Testing Variance

There is an allowed variance of 15% between packaging information and testing results. For 15 mg, this range of acceptable values for 15 mg is 12.75 mg to 17.25 mg. 

You can find the registry of approved testing laboratories here.

Licensing & Regulatory Transition

Q: Does my current license remain valid until its original expiration date or will I need to obtain a new license on Jan 1st (July 1, 2026 for legacy license holders)?

A: ABC has to honor legacy TDA licenses through June 30, 2026; but you are still subject to Public Chapter 526 (the new law) and any ABC regulations beginning Jan 1, 2026. You do not need to obtain a new ABC license until July 1, 2026.

Q: I have a retail license, but do I have to get a manufacturing license as well because I sell loose flower by the gram?

A: Yes, potentially. Selling loose flower repackaged in-store may qualify as 'supplying' or 'manufacturing' under HB1376. Until ABC provides further guidance, it's advisable to hold both licenses if repackaging occurs.

Q: Is the $300 brand registration fee per brand or UPC?

A: Per the latest information we have from the Department of Revenue, they have determined that brand is by category, type, and "another distinction between HDCPs as promulgated by rule of the Department of Revenue or Commission." Meaning: it is $300 per UPC and they say processing is 2-3 business days.

Have a question not listed here? Email us at info@tnhaa.org.

Disclaimer: This document is provided for general informational purposes only and is intended to assist TNHAA members in understanding the provisions of Tennessee's new hemp law, HB1376. It does not constitute legal advice and should not be relied upon as such. The information contained herein reflects interpretations and guidance based on the text of the law and publicly available sources as of the date of publication. Laws and regulations may change, and implementation may vary based on agency rulemaking or enforcement practices. Members are strongly encouraged to consult with qualified legal counsel regarding how the law may apply to their specific circumstances.