As of April 17, 2025, Tennessee has officially banned THCA—a hemp-derived cannabinoid that previously operated in a legal gray area. What was once available in vape shops and dispensaries is now classified as illegal under Tennessee law, with potential criminal consequences after enforcement of the ban begins on January 1, 2026.
This update marks a major shift in how Tennessee regulates hemp-derived products. THCA, once viewed as distinct from THC, is now fully prohibited—forcing consumers and businesses to quickly adjust or risk legal trouble.
At Barnes & Fersten, we’re closely monitoring how this law is being enforced and what it means for individuals facing criminal charges. In this post, we’ll break down the new THCA law, its legal impact, and how to protect your rights if you’re charged with a cannabis-related offense in Tennessee.
What is THCA—and Why It’s Now Illegal in Tennessee
Tetrahydrocannabinolic acid (THCA) is a non-psychoactive compound found in raw cannabis. Unlike Delta-9 THC—the compound responsible for marijuana’s intoxicating effects—THCA doesn’t produce a “high” unless it’s heated, which converts it into Delta-9 through a process called decarboxylation.
For years, THCA products existed in a legal gray area. Under the 2018 Farm Bill, hemp-derived products containing less than 0.3% Delta-9 THC on a dry weight basis were considered legal. Since THCA wasn’t Delta-9, many producers sold high-THCA products as legal hemp, despite its ability to become intoxicating after heating.
Tennessee’s new legislation (enacted through SB1413/HB1376) closes that loophole. The law redefines the state’s THC threshold to include not just Delta-9, but all THC isomers and precursors, including THCA. Starting January 1, 2026, any product that exceeds 0.3% total THC (calculated with potential conversion from THCA) is classified as illegal, regardless of how it’s marketed.
How the New THCA Law Creates Criminal Risk
Once enforcement begins on January 1, 2026, Tennessee law enforcement will have broader authority to pursue marijuana-related charges—even when the product looks like hemp and was legally purchased before the ban. This shift introduces several possible criminal charges, depending on the circumstances:
- Simple Possession: If you’re caught with a THCA product that exceeds the legal THC threshold, you could face a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a fine of up to $2,500.
- Possession with Intent to Distribute: Larger quantities, packaging materials, or circumstances suggesting resale can elevate charges to a felony offense—even if you never sold a single gram.
- Unlawful Sale or Distribution: Retailers who continue to sell THCA products could face criminal charges in addition to regulatory action, especially if the product is deemed mislabeled or exceeds the THC limit.
- Trafficking Charges: Transporting significant amounts of THCA—whether across state lines or within Tennessee—can lead to serious felony charges with mandatory minimum sentencing.
What complicates matters further is that many THCA products are indistinguishable from legal hemp. Without reliable testing, even law enforcement may misidentify compliant products, leading to wrongful arrests and costly legal battles. This uncertainty creates significant legal risk for consumers, patients, and business owners alike.
Your Rights and Legal Defenses
Being charged under Tennessee’s new THCA law doesn’t mean you’re out of options. In fact, the complexities of cannabis science and evolving state regulations can create strong opportunities for defense. At Barnes & Fersten, we will explore every possible angle in THCA-related cases, including:
Lack of Knowledge or Intent: Tennessee law generally requires that you knowingly possess an illegal substance. If you purchased a product marketed as legal hemp or didn’t understand its contents, this lack of intent could be a crucial defense.
Improper Testing Methods: Not all THC tests are created equal. Law enforcement may rely on presumptive field tests that can’t differentiate between legal hemp and illegal cannabis. Lab testing protocols must meet legal standards to be admissible in court.
Unlawful Search or Seizure: If police discovered THCA products during an illegal search, the evidence may be suppressed. Our firm carefully examines whether your Fourth Amendment rights were violated during traffic stops, home searches, or business inspections.
Chain of Custody Issues: Lab results are only as reliable as the evidence handling process. Breaks in the chain of custody can cast doubt on whether the substance tested was actually what was found in your possession.
Medical Necessity: While Tennessee does not formally recognize medical marijuana, we can present evidence of legitimate therapeutic use to help contextualize the case and potentially reduce or dismiss charges.
At Barnes & Fersten, we know that THCA law is new territory for courts, prosecutors, and even police officers. Our job is to push back—challenging assumptions, demanding scientific accuracy, and protecting your rights at every step.
What to Do If You're Charged Under the New Law
If you’ve been arrested or are under investigation for possessing or selling a THCA product in Tennessee, your next steps are critical. How you respond can mean the difference between a criminal conviction and a dismissed case. Here’s what you should do:
1. Don’t Talk to Police Without a Lawyer Present.
Anything you say can—and likely will—be used against you. Even statements made in an attempt to explain that a product was “legal hemp” can complicate your defense. Politely assert your right to remain silent and request legal counsel.
2. Preserve All Product Information.
If you still have the product, packaging, receipts, or lab reports, keep them. This evidence may help show that you believed the product was compliant with the law. It could also be key in challenging the prosecution’s THC analysis.
3. Get an Experienced Criminal Defense Lawyer Immediately.
You need someone who understands both the science behind THCA and the strategy behind defending against drug charges. At Barnes & Fersten, our Knoxville criminal defense attorneys examine every angle—from constitutional violations to lab testing errors—to build a solid defense.
4. Avoid Social Media or Public Statements.
Do not post about your case online or share details with friends or coworkers. These comments could be taken out of context and used as evidence by the prosecution.
Charged Under The New THCA Law? We’re Here To Help
If you’ve been charged with a crime involving THCA or any hemp-derived product, don’t leave your future to chance. At Barnes & Fersten, we stay ahead of legislative changes and fight aggressively to defend our clients’ rights. We know how to challenge faulty testing, question enforcement procedures, and push back against unfair prosecution. Whether you’re a consumer, a business owner, or someone caught in the crosshairs of this new law, we’re here to help you navigate the uncertainty. Call us today at 865-805-5703 or fill out our contact form for a free and confidential consultation.
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, Roane County, Anderson County, and Cumberland County.
