A recent legal ruling has brought a temporary sigh of relief to Tennessee’s hemp industry. This comes after new regulations threatened to upend the market for hemp products that have been legally sold since 2019.
On December 23, Davidson County Chancellor I’Ashea Myles issued a temporary injunction against new hemp testing regulations that were about to take effect. The rules, which would have tested hemp products for their THCa content, threatened to make many currently legal products illegal. Expert testimony and further evidence are deemed necessary by the court to assess the reasonableness and legality of these regulations.
The state’s Department of Agriculture is under scrutiny for possibly exceeding its authority, as the state legislature had no intention of banning these products. Industry groups argue that the rules unfairly target ‘mere hemp’ and ‘raw hemp flower,’ arguing that these products should not be subjected to such rigorous testing standards. They claim the regulations could cripple the industry’s growth, which has contributed significantly to Tennessee’s economy since the 2018 Farm Bill legalized hemp.
The 2018 federal Farm Bill marked a turning point, distinguishing hemp from marijuana and paving the way for a thriving industry in Tennessee. However, the recent move to regulate and tax hemp more stringently has not been met with universal approval. Plaintiffs argue that the rules, which target THC and THCa limits, overreach and threaten an industry vital to the state’s economy.
The injunction has put a temporary stop to the enforcement of these new rules until February 18, allowing for further legal challenges. The court aims to understand the proposed testing procedures and statutory definitions better before making a final decision.
Industry representatives have voiced concerns over potential business closures and job losses if the rules go into effect. The Department of Agriculture acknowledges the financial impact, aligning with the plaintiff’s worries over immediate and irreparable damages. The court is set for a hearing in February to determine the fate of these controversial regulations.
For now, Tennessee’s hemp industry continues to operate under its existing framework as legal challenges are resolved. The upcoming court decisions will have lasting implications for the future of hemp products in the state.
Source: Forbes
