The Tennessee Senate passed House Bill 13 76 on third and final consideration after an extended floor debate that focused on how to regulate high-THC hemp-derived products and the practical effects on farmers, retailers and public safety.
The measure, carried in the Senate by Senator Briggs, centralizes much of regulatory authority for cannabinoid products with the Tennessee Alcoholic Beverage Commission and adds new taxes and licensing rules for suppliers, wholesalers and retailers. "If we vote this bill down, Tennessee has totally unregulated recreational marijuana," Senator Briggs said on the floor, arguing the bill creates a controlled regulatory framework for products currently sold without statewide standards.
Supporters said the bill addresses public-safety and public-health concerns tied to increasingly potent products available in Tennessee stores and convenience outlets. "We have cannabis products that do not have homogeneity... and that is a scary thing," Senator Campbell said, describing cases she had seen of cannabis-induced psychosis and inconsistent dosing within packaged products.
Opponents and some supporters urged caution about the bill's scope and legal footing. Senator Roberts warned that the bill could create conflicting standards between state rules and federal definitions of hemp and marijuana and asked why the legislature did not tether Tennessee's definition to federal statutes. Senator Yarborough similarly argued that courts have already questioned the federal guidance the bill relies upon and urged more careful alignment with federal law and pending litigation.
The bill defines hemp using a total-THC measure similar to the 2018 federal Farm Bill guidance and a Department of Justice/DEA conversion factor referenced on the floor, clarifying that total delta-9 THC plus THCA (after conversion) at or below 0.3% qualifies as hemp. It also creates per-milligram taxes on cannabinoid products and a per-ounce tax on smokable flower, and sets licensing categories for suppliers, wholesalers (tax collectors) and retailers. Senator Briggs described the approach as a "modified three-tier system" modeled after Tennessee's alcohol law.
Senator Massey asked whether in-state retailers would be allowed to sell online to out-of-state customers; Briggs said in-state retailers could sell online to out-of-state consumers, but out-of-state retailers could not sell directly to Tennessee customers online. The bill also prohibits in-state online sales to Tennessee consumers from out-of-state retailers, while allowing out-of-state suppliers to sell to Tennessee wholesalers.
Several senators emphasized the bill's potential effects on Tennessee hemp farmers, who the sponsor said generally comply with state testing and remain below the 0.3% THC level; Briggs said the bill is intended not to disadvantage those farmers but to address high-potency products manufactured out of state and sold in Tennessee. "Our Tennessee farmers are doing the right thing... but they're having trouble competing with the out-of-state people who now are selling directly to the retailers these products that really are not legal in Tennessee," Briggs said.
After several hours of debate and multiple speakers on both sides, the Senate voted to pass House Bill 13 76. The measure will now return to the House as the enrolled bill reflects Senate amendments and final passage.
The floor discussion included public remarks earlier in the day from Riley Gaines, a guest on the floor who was recognized during introductions and whose remarks about women's sports and Title IX were referenced during debate. Several senators also cited public-safety statistics from other states and health advisories discussing disorders linked to high-potency cannabis products.
The Senate's action does not immediately criminalize possession for individuals who may already possess products bought out of state; senators noted enforcement and possession questions remain tied to federal definitions and existing criminal code. The bill sponsors and several members said they expect follow-up work to clarify enforcement protocols, testing standards, and licensing rules in administrative rulemaking.
Senator Briggs urged colleagues to support the measure as a way to move from a chaotic market to a regulated system: "If we vote this bill down, Tennessee has totally unregulated recreational marijuana," he said. The Senate declared final passage later in the session.