Marijuana

WHAT IS DELTA-8 THC AND IS IT LEGAL IN TENNESSEE ?

February 24, 2021 | by Joseph Fuson

What is Delta-8 THC?

Delta-8 THC is one of over 113 cannabinoids found in the cannabis plant. Like Delta–9 THC and CBD, Delta-8 THC is a natural chemical found in cannabis plants. Delta–9 and CBD cannabinoids derived from legal cannabis are much more prevalent in use in Tennessee. However, Delta–8 is receiving a considerable amount of attention from cannabis consumers in the State of Tennessee who want to consume a legal product and receive the unique benefits that Delta 8 provides.

Delta-8 THC is chemically different from Delta-9 THC by only a few atomic bonds and still offers a potent high of its own. While Delta-8 THC only exists naturally in fractions of a percent, companies are finding value in concentrating esoteric cannabinoids for their unique effects and applications.(1) Because it is not contained in large concentrations in the hemp flower, it usually sprayed on hemp flower or placed in vapes, concentrates, and edibles.

Because of its molecular structure, Delta-8 THC bonds more to CB2 receptors than CB1 receptors, allowing it to have numerous benefits on the body with fewer side-effects influencing the CB1 receptors in the brain. Ultimately, this makes the health benefits of Delta-8 THC stand out while minimizing its psychoactive effects.

Is Delta-8 Legal in Tennessee?

In December 2018, Congress passed the 2018 Farm Bill, which lifted the controlled substance designation for hemp and all its extracts except for Delta-9 THC which must be in a concentration of less than .3% on a dry-weight basis. Under current Tennessee and federal law, marijuana (illegal cannabis) is cannabis that contains more than 0.3% Delta-9 THC on a dry weight basis, while hemp (legal cannabis) contains less than 0.3% Delta-9 THC. Delta-8 is legal under both Tennessee and federal law. There is currently no limit on how much Delta-8 THC a product may contain in order to be considered legal cannabis so long as the Delta-8 THC is derived from the hemp.(2)

DEA being the DEA

In 2020, DEA released the “Implementation of Agricultural Improvement Act 2018“, which outlined a very different interpretation of the 2018 Farm Bill as it relates to Delta-8 THC. According to DEA, Delta-8 THC was not covered under the 2018 Farm Bill as a derivative of hemp and is therefore illegal. Their interpretation of the plain language of the 2018 Farm Bill is based on the fact that Delta-8 THC is not present in extractable levels in hemp and must be synthesized from CBD. The DEA is thus proposing that Delta-8 be considered a synthetically derived tetrahydrocannabinols and listed as schedule 1 controlled substance.(3) This has been hotly disputed and has not been deemed final by the DEA or any governing body.

Future of Delta-8

Due to the benefits of Delta-8 THC and the minimal psychoactive effect it has on users, it will hopefully become more widely desired and produced by our Tennessee hemp farmers, manufactured by Tennessee businesses, and sold in retail CBD stores in Tennessee. Regulation is almost certain but not necessarily a bad thing. Responsible and informed regulation will allow the responsible manufacturers and retailers to provide consumers with safe and effective Delta-8 THC cannabis products. I only hope our conservative state legislature does not try to put the toothpaste back in the tube.

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HEMP LAW GROUP

HEMP LAW GROUP is Tennessee’s first and only legal group dedicated to representing individuals and small businesses navigate the legal cannabis industry in Tennessee. Joey Fuson, partner at Freeman & Fuson, founded Hemp Law Group and is widely considered a leader and expert in the legal hemp and cannabis industry in Tennessee. To learn more, visit www.hemplawgroup.com.

10 Things To Know If You Get Pulled Over On Your Way To Bonnaroo

June 5, 2016 | by Joseph Fuson

It’s that time of year again, when 85,000+ music lovers flock to the farmlands of Manchester, Tennessee for four days of great vibes, great tunes, and lots of high fives. It’s an event that people plan for all year, including local authorities. With all eyes on them this weekend, Tennessee authorities will be out in force ensuring everyone gets in and out of town safely.

Image of man getting pulled over by police
I’ve been part of the Bonnaroo experience several times and know firsthand what an incredible experience it can be. As a criminal defense attorney in Tennessee that specializes in representing people with DUI, marijuana and other drug possession charges, I’ve also seen many careless festival goers’ weekends ruined before they even start.

With a little planning ahead and some common decency, this weekend can and should be one of the highlights of your summer.

BONNAROO 2015: THE TIMES THEY ARE A CHANGIN’

June 10, 2015 | by Freeman & Fuson

Bonnaroo Arts & Music Festival is expected to bring in over 80,000 people to Manchester, Coffee County, Tennessee, with a majority of those people coming from out of State. The Festival has led to a field day for law enforcement over the years, especially with criminal citations for simple possession. Last year, out-of-towners who found themselves leaving Tennessee with criminal charges, were allowed to pay a fine instead of coming back to appear in Court. That won’t be the case for those attending the 2015 music festival as prosecution of marijuana and other drug related offenses is changing.

Tennessee Drug Laws

Tennessee has some of the toughest drug laws in the country, especially when it comes to possession of marijuana, other drugs and drug paraphernalia. At a minimum they are Class (A) Misdemeanors which could carry up to one year in jail and a $2,500 fine. If the marijuana seized is over ½ ounce, the police officer or agent will likely charge the person with Felony Possession of a Schedule VI – Marijuana which is a Class (E) Felony and could carry up to 6 years in jail and a $3,000 fine. Other drugs require a much smaller amount to be considered felony possession under Tennessee Law.

For Bonnaroo Goers: Small Infractions Can Lead To Big Charges

June 11, 2014 | by Freeman & Fuson

Every year around this time our firm gets a flood of calls from people who receive criminal charges while on their way to or while leaving Bonnaroo. They have ranged from simple possession and paraphernalia to felony drug charges. Regardless, each call starts out the same, “I was pulled over for…..”, which leads to their car getting searched and ultimately them leaving with a court date they had not planned for. So in preparation for this annual event, we at Freeman & Fuson have compiled a list of the top 5 reasons we have seen for Bonnaroo patrons getting pulled over and the counties they seem to occur in the most.

1. Speeding (TCA §55-8-152) – This may seem obvious, but many people who are on their way to Bonnaroo are in a rush to get there. Speeding is an easy way to get your car pulled over and give the officer a chance to make contact. The easy advice is to set your cruise control and keep a look out for the posted limits.

2. Following too Closely (TCA §55-8-124) – Getting pulled over for following to close to the car in front of you may be the most subjective reason on the list, but it is one we have seen each Bonnaroo season with more frequency. Make sure you keep plenty of distance between you and the car in front so that this is not even an option for an officer to pull you over.