Public Comments

The Public Comment Period has closed.

For your convenience and to bring unified opposition from the industry to the TDA, the TGC is providing a comment to submit that has been written by our team of legal experts.

You can find that comment here!

You can add your story and own opinions along with it. Please note that the purpose of public comment’s is so to publicly submit opinions on rules. We suggest a professional manner and to not stray too far from the point. These public comments must pertain to the rules that have been proposed. Any comments that are deemed unnecessary or unrelated to the rules will not be heard.

The public comment period has closed.

To help fund the efforts of the Tennessee Growers Coalition, please consider donating to the SAVE THCa FUND. Membership is encouraged to all advocates and industry stakeholders who are interested in legalization, protecting the industry and progressive policy change in Tennessee!

Rulemaking Hearing

February 6th | 10:00 am cst

Ellington Agriculture Center | Porter Building Atrium

436 Hogan Rd, Nashville, TN 37220

Where to Submit

Email: annie.balghiti@tn.gov

Mail: Department of Agriculture Consumer & Industry Services Attn: Annie Balghiti PO Box 40627, Nashville, TN 37204

THE RULES HAVE BEEN FILED!

The rules were posted on Monday December 18th. The TGC Team and expert advisors are in the process of a full review. We are preparing a breakdown of the rules. Be the first to get the full review, TGC members will receive first priority, donations to the SAVE THCa campaign will receive an email, join or donate here!

We have an unfortunate future ahead of us. Over the past few weeks, the Tennessee Growers Coalition (TGC) has been actively engaged in discussions with the Tennessee Department of Agriculture (TDA) regarding the upcoming rules for the new hemp-derived cannabinoids law. These rules, currently under promulgation, have raised major concerns within the industry, and we wanted to keep you informed about the developments and seek your support in the fight! 

In our recent meetings with the TDA, we have advocated for a common-sense approach to regulation that aligns with the industry's interests. However, there are differences in interpretation that could have far-reaching consequences.

 THE PROBLEM:

Total THC Standard:

TDA's interpretation of the new hemp law proposes defining post-production hemp products by a Total THC (THC+Delta-9 = Total THC) standard, deviating from the Delta 9 standard explicitly stated in the law. The TDA will files these rules any day now. THCA and CBD flower will become illegal. 

Inspection Methodology:

TDA intends to employ the post-decarboxylation method during their "random and unannounced inspections," a move that could also significantly impact flower products, including THCA and CBD!

3 Pronged Approach to a Solution:

STOP THE BAN AT THE RULEMAKING PROCESS: 

The proposed rules will be filed with the Governor’s office mid-December 2023.

The TGC is in the process of gathering legal experts for the Public Comment Period that is estimated to take place February 2024. 

The TGC will also provide resources for you and your business to easily provide public comment.

After the comment period, the rules will have to pass legal muster from the Attorney General’s office. The hope is that we can persuade the TDA to change the rules in the industry's favor. If we have participation by the entire industry, including consumers, we could nip the problem in the bud early in the year.

 

BRING A BILL:

The TGC is actively drafting legislation to clarify the law and plans to introduce it during the 2024 session. We are not strangers to writing or filing bills. We have been involved with legislative process for 5 years. Our director, Kelley Hess, is entering in her 17th legislative seesion.

Representative Chris Hurt (R-Halls) has already agreed to sponsor the legislation in the House. 

The bill, including but not limited to, will distinguish between raw product (flower) and edibles and their testing methods and standards. 

 

BRING A LAWSUIT:

In anticipation of the proposed rules, the TGC is preparing for a legal battle. Specifically because the rules are redefining hemp outside of state and federal law. This is clearly unconstitutional and has interstate commerce issues.

We are in contact with legal experts, including the attorneys involved in the Arkansas hemp lawsuit, BioGen v. Arkansas. Hemp attorney Rod Kight has a helpful breakdown here: Did a Federal Court Order Just Legalize THCa and Delta-8 THC in All 50 States? | Kight on Cannabis (cannabusiness.law)

HOW YOU CAN HELP: 

As we navigate these critical discussions, the TGC will be your source for timely and accurate information. Membership ensures that you receive immediate updates and have a direct line of communication with us. When the legislative session starts in January, we will start our weekly meetings for you to stay in the know!

As stakeholders in the Tennessee hemp industry, your support is crucial. In addition to our base financial responsibilities: lobbyists, lawyers, political campaigns, we have to gear up for a legal battle!

If you have a lot to lose with the loss of THCA and CBD flower, WE NEED YOUR SUPPORT!

Your engagement and support are vital during this critical time.

Together, we can ensure that the regulations align with the best interests of the hemp industry in Tennessee. Donations to the the Save THCa Campaign will receive communications from the TGC with updates on the rules, solutions, and out come. You can make a one time donation here, in the notes please add "SAVE THCa" to be added to the email list.

If you have specific concerns or suggestions, please don't hesitate to reach out to us at info@tngrowerscoalition.com.

Thank you for your commitment to the industry, and we look forward to navigating these challenges together.