Is CBD legal in Tennessee? What is the legal risk?

Only CBD (cannabidiol) products with less than 0.3% THC are legal in Tennessee. THC is the psychoactive compound in the cannabis plant, and CBD is a substance derived from that same plant. When the plant contains less than 0.3% THC, it is considered hemp and is legal in Tennessee.

It is illegal to use or possess CBD products that contain 0.3% THC or greater.

Although CBD is reported to have some positive health effects, there are a couple of legal risks to using CBD products. The first is that you might buy a CBD product that exceeds the THC threshold without realizing it.

Could unknowingly possessing too much THC get you in trouble?

Because CBD doesn’t contain enough of an illegal amount of any controlled substance, it is considered a health supplement. Unlike pharmaceuticals, supplements are largely unregulated. It is not unusual to find that supplements contain different amounts of active compounds than are advertised.

In theory, possessing CBD with too much THC in it is illegal in Tennessee. However, it is unclear if law enforcement in Tennessee is interested in cracking down on people who unknowingly purchased CBD with too much THC. If a product’s label says it has less than 0.3% THC, you are probably safe enough to possess it.

Knowingly possessing CBD with 0.3% THC or higher is illegal. Depending on the situation, you could be charged with possession of marijuana or a marijuana concentrate. In small amounts, those charges would typically be misdemeanors. However, any drug-related misdemeanor conviction can carry a broad range of negative consequences, so these charges should be taken seriously.

Beware of our DUI law

If you use CBD with 0.3% THC or higher, even by mistake, however, you might still be considered impaired for driving. This is because our DUI law makes it illegal to drive under the influence of any intoxicating substance.

Tennessee law enforcement may decide to charge you with driving under the influence of marijuana if you have used CBD and may seek blood tests to confirm if there is any measurable amount of THC in your system. This is true even if you were not experiencing a “high” from using the product.

It is possible to fight these charges. For a DUI conviction, Tennessee law requires proof that the driver was actually under the influence of an intoxicating drug. If you only had THC in your system due to use of low-THC CBD, you may not have been under the influence of THC at all.

If you are arrested over CBD, get legal help right away

All drug charges are serious. If you are facing drug charges or DUI because you used CBD, your case deserves a second look. Contact an attorney experienced in challenging Tennessee drug offenses.

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