Save Hemp

This is not a drill.

The current Tennessee Dept. of Agriculture interpretation of bill language in their rules will ban the sale of CBD and THCa Flower.

We’re A Trade
Organization

Cultivate Tennessee is a trade association serving Tennessee’s hemp industry. We are dedicated to developing a safe and ethical cannabis market in Tennessee.

Cultivate Tennessee is run by volunteers. This means that 100% of funds raised go towards our lobbying and legal efforts. Our allocation of all funds is documented and prior years’ financials are available in the public record.

Cultivate Tennessee is leading the action to save smokable hemp products like THCa Flower.

What We’ve Done

The Ground
Work

2021 : Hemp products like Delta 8 THC became widely popular and lawmakers seek to ban the hemp industry.

Early 2022: Cultivate Tennessee, with other groups, proposes common sense regulations in place of an all out ban.

May 2023: Cultivate Tennessee collaborates with lawmakers to successfully pass SB370 & HB403, which was designed to

  • Create a legal, regulated marketplace where businesses can confidently scale.

  • Create a safe marketplace for Tennessee consumers to purchase lab tested hemp products instead of black market marijuana.

  • Create a reasonable hemp tax to legitimize the industry.

The Issue

The rules currently outline testing for total THC defined as: Total THC means the potential total delta-9 tetrahydrocannabinol (THC) content derived from the sum of THC and delta-9 tetrahydrocannabinol acid (THCA) reported on a dry weight basis, calculated as: (cannabinoid concentration (mg/g) + (cannabinoid acid form concentration (mg/g) x 0.877).

This is a deviation from the Delta-9 standard explicitly stated in the law.

Despite good intentions around a right-sized regulation bill and ongoing input — the rule-making process has caused an imminent threat.

How We Got Here

Timeline of Events

May 2023

  • HB 403 is delegated to the Tennessee Department of Agriculture (TDA) to create rules for enforcing the law.

December 2023

  • TDA publishes rules that restrict access to smokable hemp products.

    • The rules rely on a specific part of the bill that contradicts other parts of the bill.

July 2024

New Rules Become Enforceable — If Finalized

  • Eliminate smokable THCa & CBD products in TN.

  • Allow police to arrest manufacturers, retailers, and consumers for selling or possessing smokable THCa & CBD products in TN .

The Solution

No. 1 — We will fight to keep smokable hemp products, such as THCa flower, concentrates, and vapes legal in Tennessee.

No. 2 — We will defend against the TDA attempting to rewrite laws through the rules.

No. 3 — We assert that the TDA rules are potentially illegal and unconstitutional.

  • At this time we continue to meet with legal experts who have had success in hemp-related injunctions around the country as well those that have a strong understanding of our local politics and hemp market.

    • Be prepared to file a lawsuit against the state of TN, when the time is right

    • Be prepared to lobby for a corrective bill, when the time is right.

    • Estimated costs for a lawsuit range from $100,000 - $200,000+

    • Estimated costs of a top-tier lobbyist range from $75,000-$120,000 per year.

  • From now until the Public Hearing on Feb 6th, 2024, changes could potentially be made to the rule language.

    • Ask all industry participants and consumers to reach out to TDA and their legislators who signed HB 403

    • See the templates linked below, which explain how Tennesseans are benefitting from safe access to THCa and CBD Flower. And, how the current new rules would push products off regulated shelves and back into the unregulated market.

  • Present a consolidated and unified legal opinion of the TDA’s rules at the Public Hearing. Look for time to speak during the hearing.

  • Per any changes in the current rule language, prepare to file a lawsuit against the state.

    A lawsuit could potentially slow down the rules from taking effect and delay a ban on THCa for up to 1 year and ultimately dependant on the success of the suit.

  • Develop a strategic approach first.

    • Position THCa and CBD Flower as a compelling alternative to the illicit market.

    • Connect the tax dollars to a meaningful cause, such as funding education or fighting opioids.

    • Clearly define THCa & CBD Flower as Hemp Flower.

  • Cement the hemp industry as a flourishing force within the business-friendly landscape of Tennessee.

Our Action Plan

Strategy is everything. This is to say that this is the current action plan but not necessarily the final one. We will keep this section up to date in the new year.

Use of Funds

Legal Team

We are currently looking at an estimated cost of $50K retainer, due upfront to engage law firms. These expenses must be paid upfront, there are no monthly payment options.

We are looking at a 2 stepped approach with our prospective legal team:

  • Step 1: engage them for strategy work.

  • Step 2: let the rule-making process run its course and be in position to deploy strategy after Feb 6, 2024

Our organization knows the importance of ongoing fundraising and is seeking to cover a full year’s expenses upfront in this fight. What this does is guarantee a continuous and unwavering legal support system. This ensures the lawsuit is seen through to its successful conclusion. Our intended allocation of all funds is documented here and historicals are available in the public record of our website footer.

Volunteer Run

100% of funds go straight towards paying for legal expenses.

Cultivate TN is run 100% by industry leaders who donate their time to the management of this organization on behalf of the industry. What this means is that 100% of funds raised by Cultivate TN, go towards paying attorneys and lobbyists — only. The intended allocation of all funds raised is documented here and available in the public record of our website footer.

Get Activated

⚠️

Get Activated ⚠️

Write the TN Dept. of Ag

Step No. 1

We’ve made it easy to help you voice your opinion with the Tennessee Dept. of Agriculture. Simply click the link for a pre-populated email.

ATTENTION — This Email NEEDS YOUR CUSTOMIZATION before hitting send. Want to go the extra mile? Give them a call.

Danny Sutton Asst. Commissioner for Consumer and Industry Services
615-837-5534

Dr. Charlie Hatcher Commissioner
615-837-5100

Jay Miller General Counsel
615-837-5341

The Tennessee General Assembly offers an easy tool online that helps you easily locate your legislators and representatives. Reach out and let your legislators know you support the hemp industry.

Step 1 — Find Your Legislators
Step 2 — Call, Email, and Mail a composed response to the current rules and ask for their attention and support on the matter.

Write Your Legislators

Step No. 2

Engage Your Consumer Base

Step No. 3

Hey Retailers
We’ve created downloadable assets for your retail displays. Easily printable, ready to distribute. Find the full suite of assets in our Sharable Google Folder. Cards are available for pickup upon request.

Contribute

to the cause.

The future does not look bright for Hemp in Tennessee. We don’t have to accept this as our fate. There is still time to get engaged and fight for what is right for our industry and the people of Tennessee. Cultivate Tennessee is currently fundraising for the defensive strategy needed ahead. Funds raised now will be going directly to attorney and lobbiest fees, nothing else.