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Delta 8 Products To Draw More Regulation from Tennessee

Updated: Jul 17, 2023

This information is provided courtesy of 28th District State Sen. Joey Hensley, MD, R-Hohenwald, whose district includes Giles, Lewis, Marshall, Maury and part of Williamson counties.

This column continues a summary of legislation passed in the last session of the Tennessee State Legislature.

Regulating Delta-8 – The General Assembly approved new multi-agency regulations to ensure consistency and safety in manufacturing Delta-8 products and placed age-restrictions on product purchases.

Delta-8 is a hemp derived product that can cause impairment and has similar effects to marijuana. Because Delta-8 is hemp-related, there is no regulation, and a consumer cannot be sure of the potency of what they buy.

This new law requires the Tennessee Department of Agriculture and Department of Revenue to control manufacturing and packaging of Delta-8 products.

The Department of Agriculture will require the product to be tested at a certified lab to ensure product contents. And the Department of Revenue will ensure the packaging correctly advertises how many milligrams of hemp are in the product.

One Pill Will Kill Act - This law strengthens the punishment for those who sell dangerous and illegal drugs such as fentanyl in Tennessee.

It increases the punishment for sale, manufacture and delivery of fentanyl and its derivatives from a Class C felony to a Class B felony for amounts between 0.5 grams and 15 grams.

According to the Tennessee Department of Health, there were 2,734 fentanyl overdose deaths statewide in 2021 – a 446% increase since 2017.

Tougher penalties for dealing fentanyl is one of the most effective ways to prevent fentanyl poisonings.

Combating Xylazine distribution Xylazine is a large animal tranquilizer that is becoming more common among drug users. The tranquilizer is often cut with fentanyl and sold to people.

To address this growing issue, the General Assembly approved legislation to allow law enforcement to arrest individuals who are manufacturing, selling or possess xylazine.

An offender can be charged with a Class A misdemeanor for possessing the drug, and a Class C felony for manufacturing or selling the drug.

This law does not require veterinary clinics to submit paperwork to continue using the drug on animals.

For this reason, it is not a scheduled drug, but the law still allows law enforcement to combat distribution of this drug.

Encouraging medical treatment for overdose - This year, the General Assembly approved legislation aimed at further encouraging individuals to seek medical treatment for an overdose.

The new law extends criminal immunity, at the discretion of law enforcement or the district attorney, to anyone experiencing a second or subsequent drug overdose and seeking medical assistance.

Anyone seeking medical assistance for themselves or a person experiencing an overdose will not be arrested, charged or prosecuted for a drug violation for seeking help.

Streamlining treatment for alcohol abuse for DUI offenders- A new law reduces the number of days of incarceration a person convicted of a second DUI must serve before participating in a treatment program.

It also requires a judge to issue a transdermal alcohol monitoring device for those convicted of a third or subsequent DUI.

Protecting patients seeking medical advice relating to marijuana - This law provides legal protection for patients across Tennessee seeking medical advice for using marijuana.

It prevents a person’s statement regarding the use or possession of marijuana to healthcare providers from being used as evidence in a criminal trial.

Some medications can have unintended consequences when mixed with cannabis. Many patients feel there is not enough legal protection to openly discuss with their medical provider effects that using medical marijuana could have with other medications.

Sen. Hensley may be contacted at 425 Rep. John Lewis Way N., Suite 742, Nashville ,TN., 37243 or by calling 615-741-3100, or by calling toll free 1-800-449-8366 ext. 13100, or by faxing 615-253-0231.

His district address is 855 Summertown Highway, Hohenwald, Tenn., 38462. His telephone number is 931-796-2018, his cell phone is 931-212-8823 or by e-mail: sen. joey. hensley@capitol.

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This information comes from the office of 28th District State Sen. Joey Hensley, MD, R-Hohenwald, who represents Giles, Lewis, Marshall, Maury and part of Williamson counties. On Capitol Hill, Senat


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