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Is CBD Legal in Tennessee? State Hemp Rules in 2026

Since January 2026, Tennessee's liquor commission licenses hemp THC products: 21+, 15 mg per serving, no shipping. CBD rules as of November 5, 2026.

Last checked: Based on official sourcesNot legal advice.

What's on this page?

In short

As of November 5, 2026, hemp products are legal in Tennessee within strict limits. Since January 1, 2026, the Alcoholic Beverage Commission (ABC) and the Department of Revenue regulate hemp-derived cannabinoid products, under Public Chapter 526 of 2025.[1, 2]

These products may only be sold by ABC-licensed retailers to people 21 and older, face to face. Shipping and delivery to Tennessee consumers are not allowed. Most ingestible products are capped at 15 mg of hemp-derived cannabinoids per serving.[2]

Products with more than 0.3% total THC, counting THCA, are illegal to make or sell, and so are synthetic cannabinoids and THCP. In our reading, Tennessee writes its own definitions instead of pointing to the federal hemp law.[2, 3]

At a glance

Is CBD Legal in Tennessee? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes, within limits. Tennessee's hemp product law lists CBD among the cannabinoids that are not "hemp-derived cannabinoids." But a product that contains delta-9 THC (up to 0.3%) or other THC forms is regulated as a hemp-derived cannabinoid product (HDCP). In our reading, that means many full-spectrum CBD products that contain THC fall under the HDCP rules, while CBD products with no THC may not. As of November 5, 2026, no product may have more than 0.3% total THC on a dry-weight basis.[2, 3]
Hemp definition and THC limitTennessee law defines hemp as cannabis with no more than 0.3% delta-9 THC on a dry-weight basis. For the hemp product rules, Public Chapter 526 defines "dry weight" as plant material with no more than 13% moisture. The law measures THC in two ways, including "total theoretical THC": delta-9 THC plus THCA multiplied by 0.877. Making or selling hemp or a hemp product with more than 0.3% total THC is a crime.[1, 2, 3]
CBD in food and drinksHemp edibles and drinks are allowed as HDCPs if they follow the rules. Most ingestible products may contain no more than 15 mg of hemp-derived cannabinoids per serving and no more than 20 servings or 300 mg per package; drinks, vape cartridges, hemp flower and pouches have their own limits. Drinks may hold no more than two servings and no more than 750 ml per container, with an exception for kegs sold to licensed retailers. Labels need an ingredient list, allergens and a nutrition facts panel. HDCPs may not be mixed into beer or other alcoholic drinks.[2]
Intoxicating hemp products (delta-8, THCA flower and similar)Delta-8 THC, delta-10 THC, HHC and THCV are listed as hemp-derived cannabinoids, so they may be sold under the HDCP rules. THCA above 0.3%, THCP, synthetic cannabinoids and substances placed in Schedule I on or after July 1, 2023, are not treated as hemp-derived cannabinoids. Products over 0.3% total THC, products with THCP and products with synthetic cannabinoids are banned. Hemp flower is limited to half an ounce per package, and vape cartridges to 500 mg. Because the 0.3% limit counts THCA, most high-THCA flower cannot be sold legally; this is our reading.[2, 3]
Minimum age21. It is a crime to sell an HDCP without first checking a photo ID that shows the buyer is 21 or older, or to sell one to someone under 21. We could not find a separate minimum age for CBD products that contain no THC.[2]
Who can sell itSuppliers, wholesalers and retailers need an ABC license. The law lists the places that may sell at retail: stores that admit only people 21 and older, package liquor stores, bars and restaurants with an ABC license (for use on site only), and certain licensed supplier locations. New retail locations generally may not be within 1,000 feet of a K-12 school. Every sale must be face to face at a licensed store. Shipping directly to Tennessee consumers or retailers and using delivery services are banned, and self-checkout and vending machines are not allowed.[2]
Labels and lab testingEach batch must be tested by an ABC-certified lab, with a full cannabinoid panel and a potency test, and must have a certificate of analysis. Most products must be in child-resistant packaging; drinks, vape cartridges, hemp flower and pouches follow separate rules in the same law. Labels must show milligrams per serving and per package, an expiration date, a warning about impairment and children, and a QR code linking to the batch's test results. Since April 14, 2026, under Public Chapter 698, labels must also show a batch number, the warning may be as small as 6-point type, and one webpage may hold certificates for several products. Health claims and packaging that appeals to people under 21 are banned.[2, 4, 5]
Medical and adult-use marijuanaWe could not confirm Tennessee's marijuana laws in official sources as of November 5, 2026. The hemp product law says it does not allow anything that Tennessee's drug laws (Title 39, Chapter 17, Part 4) prohibit.[2]
November 12 and December 11, 2026In our reading, Tennessee's hemp product law uses its own definitions and limits, not a reference to the federal hemp definition. Its limits, such as 15 mg per serving and 300 mg per package, are far above the federal 0.4 mg per container limit. So the federal change may make many products legal under state law but not under federal law; this is our reading. From November 12, 2026, the federal definition excludes cannabinoids the plant cannot make naturally. The rest of the federal change is set for December 11, 2026, unless Congress delays it again.[2, 6, 7]

How Tennessee defines hemp and hemp products

Tennessee law defines hemp as cannabis with no more than 0.3% delta-9 THC on a dry-weight basis. For the hemp product rules, Public Chapter 526 of 2025 defines "dry weight" as plant material with no more than 13% moisture.[1, 2]

The hemp product rules are in a new chapter of the alcohol title of the Tennessee Code (Title 57, Chapter 7). A "hemp-derived cannabinoid" includes delta-8 THC, delta-10 THC, HHC and THCV, and any hemp-derived product with delta-9 THC or total THC up to 0.3%. CBD, CBG, CBN and several other cannabinoids are listed as not being hemp-derived cannabinoids.[2, 3]

The law measures THC in two ways, including "total theoretical THC": delta-9 THC plus THCA multiplied by 0.877. It is a crime to make or sell hemp or any product with more than 0.3% total THC on a dry-weight basis, any synthetic cannabinoid, or any product with THCP.[3]

The 2026 system: liquor commission licenses

Public Chapter 526 (House Bill 1376) was signed on May 21, 2025. Its main rules took effect on January 1, 2026. It moved oversight of hemp-derived cannabinoid products from the Department of Agriculture to the Alcoholic Beverage Commission and the Department of Revenue.[1]

We read the enacted text of Public Chapter 526 from the amendments the legislature adopted, published on its official site, because the Public Chapter PDF could not be opened. The House adopted Amendment 12, which rewrites the bill, and Amendments 10 and 11; the Senate passed the bill without amendments. We read Public Chapters 698 and 1127 the same way, from the Senate amendments that were enacted.[1, 2, 3, 4, 5, 8, 9, 10]

Suppliers, wholesalers and retailers each need an ABC license. Each product brand must also be registered with the Department of Revenue. Wholesalers pay a tax of 2 cents per milligram of hemp-derived cannabinoid, $50 per ounce for hemp flower, or $4.40 per gallon for liquid products.[1, 2, 8]

Until the ABC could process applications, the Department of Agriculture kept processing and renewing supplier and retail licenses. Public Chapter 698 (Senate Bill 1761), signed on April 14, 2026, bars the Department of Agriculture from issuing or renewing HDCP supplier and retail licenses from then on. Public Chapter 1127 (Senate Bill 2295), signed on May 22, 2026, adds a 10% tax on the wholesale cost of inhalable products in cartridge form, starting July 1, 2026.[2, 4, 5, 9, 10]

Where and how products may be sold

The law lists the places that may sell at retail: stores that admit only people 21 and older, package liquor stores, bars and restaurants with an ABC license (for use on site), and certain licensed supplier locations. Products must be kept behind a barrier, except drinks in containers of at least 12 ounces and products in 21-and-over stores.[2]

Every sale must happen face to face at a licensed store, after checking a photo ID that shows the buyer is 21 or older. Shipping directly to Tennessee consumers or retailers and using delivery services are banned, with fines that start at $1,000.[2]

Product limits, testing and labels

Most ingestible products may contain no more than 15 mg of hemp-derived cannabinoids per serving and no more than 20 servings or 300 mg per package. Drinks, vape cartridges, hemp flower and pouches have their own limits: vape cartridges are capped at 500 mg, hemp flower at half an ounce per package, and pouches at 6 mg each, 15 per tin. Products may not be shaped like animals or cartoon characters.[2]

Each batch must pass a full cannabinoid panel and a potency test at an ABC-certified lab. Labels need ingredients, a nutrition facts panel, milligrams per serving and per package, an expiration date, a warning and a QR code that links to the test results. Most products must be in child-resistant packaging; drinks, cartridges, flower and pouches follow separate rules.[2]

Since April 14, 2026, under Public Chapter 698, labels must show a batch number, and the warning text may be as small as 6-point type. The QR code may link to one webpage that holds certificates of analysis for several products or batches.[4, 5]

How the federal hemp changes may affect Tennessee

In our reading, Tennessee's law does not copy the federal hemp definition. It sets its own limits, which are much higher than the federal 0.4 mg of total THC per container. One link to federal law remains: shipping papers must show the product was made under a state or tribal hemp plan approved by the U.S. Department of Agriculture. In our reading, many products that are legal under Tennessee law may no longer count as hemp under federal law once the federal change takes full effect.[2, 6, 7]

From November 12, 2026, the federal hemp definition excludes cannabinoids that the plant cannot make naturally. The rest of the federal change, including the 0.4 mg per container limit, is set for December 11, 2026, unless Congress delays it again.[6, 7]

What changes next

  1. Federal change on cannabinoids the plant cannot naturally make

    From November 12, 2026, these products fall outside the federal hemp definition. Tennessee already bans synthetic cannabinoids.[3, 6, 7]

  2. Rest of the federal hemp change

    The remaining federal changes, including the 0.4 mg total THC per container limit, are set for December 11, 2026, unless Congress delays them again.[6, 7]

Who regulates hemp and CBD

Timeline

  1. Public Chapter 526 signed

    House Bill 1376 moves hemp product oversight to the Alcoholic Beverage Commission and the Department of Revenue and sets new limits.[1]

  2. ABC system takes effect

    Licenses from the ABC, the 21+ rule, the ban on shipping to consumers and the product limits begin.[1, 2]

  3. Public Chapter 698 signed

    Senate Bill 1761 updates label rules and stops the Department of Agriculture from issuing or renewing HDCP supplier and retail licenses.[4, 5]

  4. Extra tax on vape cartridges

    Public Chapter 1127 adds a 10% tax on the wholesale cost of inhalable hemp products in cartridge form.[9, 10]

Sources

Show 10 references
  1. Public Chapter 526 (2025), House Bill 1376 / Senate Bill 1413: bill history and legislative summary
  2. House Amendment No. 12 (HA0360) to House Bill 1376, adopted April 10, 2025: rewrites the bill; part of the text enacted as Public Chapter 526 (later amended by House Amendments 10 and 11)
  3. House Amendment No. 11 (HA0359) to House Bill 1376, adopted April 10, 2025: part of the text enacted as Public Chapter 526 (definitions of hemp-derived cannabinoid and total THC)
  4. Public Chapter 698 (2026), Senate Bill 1761 / House Bill 1503: bill history and legislative summary
  5. Senate Amendment No. 1 (SA0696) to Senate Bill 1761, adopted March 16, 2026: text enacted as Public Chapter 698
  6. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  7. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  8. House Amendment No. 10 (HA0358) to House Bill 1376, adopted April 10, 2025: part of the text enacted as Public Chapter 526 (tax on liquid products)
  9. Public Chapter 1127 (2026), Senate Bill 2295 / House Bill 2172: bill history and legislative summary
  10. Senate Amendment No. 1 (SA1045) to Senate Bill 2295, adopted April 16, 2026: text enacted as Public Chapter 1127

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.