Smokeable cannabis flower is back on the market, at least for a little while longer.
A new law passed by the Tennessee General Assembly this year banned THCA products in Tennessee. Those products would have been pulled from store shelves when the new law takes effect on January 1, 2026.
However, state officials and the Tennessee Healthy Alternatives Association (TNHAA) entered into an agreement on October 23rd that allowed for those products to remain until June 30. Members of the Tennessee Alcoholic Beverage Commission (TABC) voted to approve the deal in a meeting almost two weeks ago in Nashville.
“This agreement provides critical clarity and stability for Tennessee’s hemp industry during this regulatory transition,” said Sam Oechslin, president of TNHAA. “Our members can continue operating under the existing regulatory framework they know and have invested in. We consider this outcome a significant win.”
Businesses now selling cannabis flower got their licenses from the Tennessee Department of Agriculture. They were set to expire at the end of June 2026. The new law put the TABC in charge of regulating the growing cannabis industry here. The TNHAA convinced leaders to allow those with existing permits from the Department of Agriculture to sell THCA products until those permits expire.
The original legislation was considered a ”hemp killer” to many in the industry. The ban does put at risk Tennessee cannabis companies that have said that smokeable flower sales can sometimes total 60 percent of their total revenue. It was a huge change that came quickly.
Because of this, state Rep. Kevin Vaughan (R-Memphis) spoke on the floor of the House this year to keep THCA legal in Tennessee.
“ I have a hard time that this body has told [businesses] that this is a new commercial venture in our state, and then, two years later, we’re going to turn the lights off,” Vaughn said. “Understand that even if we take [THCA out], these stores will still be in the business of selling intoxicants.”
The THCA ban in the new legislation came as a surprise to lawmakers, including Vaughn, who had worked with the industry for years to ensure a legal, safe environment for businesses and customers customers. This included House Leader state Rep. William Lamberth (R-Portland). Yet, he agreed with others that then said when they approved hemp sales years ago, they were told the products would not get anyone high.
“We were all told when we voted for hemp that it’s the nonintoxicating cousin to marijuana,” Lamberth said last April. “You don’t have to worry about anybody getting high. Well, that horse has left the barn.
“What this bill does is ban THCA, that when you light it, it turns into marijuana. But that’s one product. There’s hundreds of other products out there [that will get people high].”
The extension of THCA sales will, of course, keep sales flowing until the middle of next year. But it may also leave the door open to new legislation during next year’s Tennessee General Assembly that could keep smokeable flower on store menus permanently.