Tennessee’s laws regarding hemp-derived products are changing rapidly—and the consequences are becoming significantly more serious. Starting July 1, 2025, selling or distributing hemp-derived cannabinoids, such as Delta-8 or Delta-10, to anyone under 21 will be a Class A misdemeanor with mandatory jail time. What once resulted in just a fine can now mean a mandatory minimum of 48 hours behind bars, hefty fines, and a permanent criminal record.
Business owners, retail employees, and concerned parents are rightfully worried about this new law. In this post, we explain clearly what’s changing, who’s at risk, and how an experienced criminal defense attorney can protect your rights if you’re charged under the new law.
Understanding Tennessee’s New Hemp Law
Effective July 1, 2025, Tennessee Public Chapter 77 significantly strengthens penalties for underage hemp sales. Selling any hemp-derived cannabinoid product such as Delta-8, Delta-10, or THCA to individuals under 21 is now a serious offense. Businesses also face new restrictions, as employees under 21 are prohibited from handling or selling these products entirely.
The most critical change is that penalties are mandatory. Judges no longer have discretion to merely issue fines or probation. If convicted, you must serve at least 48 consecutive hours in jail and pay a minimum fine of $500. Judges may increase fines up to $2,500 and extend jail time to a maximum of 11 months and 29 days.
Because of these stricter rules, retailers must be diligent about checking IDs and putting strong safeguards in place to stay compliant and avoid severe consequences.
Why Tennessee Passed This Strict Law
Tennessee lawmakers didn’t pass this new hemp law out of nowhere. Over the past few years, there’s been growing concern about young people getting easy access to hemp-derived products like Delta-8, Delta-10, and other cannabinoids that can cause psychoactive effects similar to marijuana.
Although these products are legal under federal and state law if they contain less than 0.3% THC, many legislators and law enforcement officials saw them creating a gray market where minors could buy potent products with little oversight. Representative Dan Howell, who sponsored the bill in the House, warned:
“The number of students gaining access to these gummies has skyrocketed… Our children think these are candy, and they’re far from candy.”
Supporters of the new law argued that simply issuing a fine wasn’t enough to deter illegal sales, especially given how profitable these products can be for retailers. House Majority Leader William Lamberth pointed out that Tennessee uses undercover operations to enforce alcohol laws and said:
“For years after that, when they did those stings, there would be virtually no one that didn’t check an ID… This has a deterrent effect.”
Lawmakers also emphasized that Tennessee already imposes strict penalties for selling alcohol or tobacco to minors and felt that hemp-derived products should be treated the same way. That’s why they chose the 48-hour jail minimum—mirroring Tennessee’s mandatory minimum sentence for a first-time DUI offense.
At the same time, some legislators and small business owners worried that clerks or store owners could face jail time for honest mistakes, especially in busy retail environments where checking IDs can sometimes slip through the cracks. Despite those concerns, the bill passed overwhelmingly in both chambers and was signed into law by Governor Bill Lee in March 2025.
Ultimately, the purpose of this new law is deterrence: to make retailers and employees think twice before selling hemp products to anyone under 21, and to send a message that Tennessee considers these substances potentially dangerous for minors.
What Penalties Could You Face?
Under the new law, selling hemp-derived products to anyone under 21 isn’t a minor infraction—it’s a Class A misdemeanor, the highest-level misdemeanor in Tennessee, carrying serious consequences:
- Mandatory Jail Time: At least 48 consecutive hours in jail without the possibility of waiver.
- Significant Fines: Minimum of $500, potentially rising to $2,500.
- Additional Jail Time: Possible sentence extensions up to 11 months and 29 days.
- Criminal Record: A permanent misdemeanor record, negatively impacting employment, housing, professional licensing, and personal reputation.
Previously, these violations typically resulted only in fines. The shift toward mandatory jail time illustrates Tennessee’s intent to send a clear and powerful message: selling these substances to minors is unacceptable.
The Everyday Impact on Retailers and Employees
The new law doesn’t just introduce harsher punishments—it changes daily operations in retail businesses across Tennessee. If you work at or own a vape shop, smoke shop, convenience store, or any establishment selling hemp-derived products, you need to understand the practical implications immediately.
Checking IDs is now critical, as law enforcement agencies are expected to conduct undercover compliance checks frequently. Relying on visual estimation of age is risky. One lapse in judgment could trigger serious criminal charges against both employee and business owner.
Additionally, employees under 21 cannot handle, sell, or even access hemp-derived products. Employers must implement stringent policies to ensure compliance. Written guidelines, thorough staff training, and meticulous record-keeping are essential. Proper documentation showing proactive compliance could become crucial evidence in your defense if accused.
Beyond criminal liability, failing to comply risks your business license, damages your reputation, and may increase insurance costs. Tennessee’s regulators are making clear their intent to enforce this law aggressively, making compliance essential for survival.
How Our Criminal Defense Attorney Can Fight These Charges
Being charged under Tennessee’s new hemp law can be frightening, especially when you’re facing mandatory jail time and significant fines. But remember: an arrest does not equal a conviction. You have rights, and there are ways to fight these charges.
At Barnes & Fersten, we understand how stressful this situation can be, and we know you have questions about what happens next. Our criminal defense attorneys have extensive experience defending clients in cases with mandatory sentencing, and we bring the same strategic approach to these new hemp-related charges.
When you hire our firm, you’ll get a legal team that is committed to guiding you through every step of the process. We will:
- Investigate your case thoroughly to understand the facts and the circumstances of your arrest.
- Advise you on your options so you can make informed decisions about how to proceed.
- Communicate with prosecutors and the court on your behalf to protect your rights and interests.
- Develop a tailored defense strategy aimed at minimizing penalties and safeguarding your future.
- Support you through the entire process—from the first consultation to the resolution of your case.
- Argue mitigating factors and the impact of a conviction on your life to the prosecutor.
We know that even good people and well-run businesses can get caught up in these charges. A single oversight at the register or a misunderstanding about the law can put you at risk. That’s why it’s so important to get legal help as soon as possible.
Act Now—Protect Your Business and Your Freedom
Tennessee’s new hemp laws dramatically raise the stakes for business owners, employees, and anyone accused of violating age-related sales restrictions. A simple mistake can now lead to mandatory jail time, severe financial penalties, and a lasting criminal record.
Barnes & Fersten is dedicated to protecting your rights and future. Our experienced criminal defense attorneys understand exactly how stressful and serious these charges are—and we know how to fight effectively against them.
Don’t wait until it’s too late. Call our defense law firm today at 865-805-5703 or fill out our contact form for a free and confidential consultation. We’re here to help you understand your legal options, defend your rights, and secure your future.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
