4 | 3 | | |
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5 | 4 | | HOUSE BILL 1148 |
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6 | 5 | | By Butler |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB1148 |
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10 | 9 | | 003172 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 39, |
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14 | 13 | | Chapter 17, Part 4 and Title 43, Chapter 27, |
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15 | 14 | | relative to cannabis products. |
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16 | 15 | | |
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17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 17 | | SECTION 1. Tennessee Code Annotated, Section 39-17-415(a), is amended by adding |
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19 | 18 | | the following as new subdivisions: |
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20 | 19 | | ( ) Tetrahydrocannabiphorol (THCp); |
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21 | 20 | | ( ) Tetrahydrocannabinolic acid (THCa); |
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22 | 21 | | SECTION 2. Tennessee Code Annotated, Section 43-27-101, is amended by deleting |
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23 | 22 | | subdivision (3) and substituting: |
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24 | 23 | | (3) "Hemp" means the plant species cannabis sativa L. and any part of that |
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25 | 24 | | plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, |
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26 | 25 | | acids, salts, and salts of isomers, whether growing or not, with a total delta-9 |
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27 | 26 | | tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent |
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28 | 27 | | (0.3%) on a dry weight basis; |
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29 | 28 | | SECTION 3. Tennessee Code Annotated, Section 43-27-101, is amended by adding |
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30 | 29 | | the following as new subdivisions: |
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31 | 30 | | ( ) "Decarboxylation" means the removal or elimination of a carboxyl group from |
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32 | 31 | | a molecule or organic compound; |
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33 | 32 | | ( ) "Total THC" means the value determined after the process of |
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34 | 33 | | decarboxylation, or the application of a conversion factor if the testing methodology does |
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35 | 34 | | not include decarboxylation, that expresses the potential total delta-9 |
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36 | 35 | | tetrahydrocannabinol content derived from the sum of the THC and |
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37 | 36 | | |
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38 | 37 | | |
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39 | 38 | | - 2 - 003172 |
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40 | 39 | | |
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41 | 40 | | tetrahydrocannabinolic acid (THCa) content and reported on a dry weight basis. The |
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42 | 41 | | total potential THC may be calculated by using one of the following techniques: |
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43 | 42 | | (A) Using a chromatograph technique utilizing heat, such as gas |
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44 | 43 | | chromatography, through which THCa is converted from its acid form to its |
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45 | 44 | | neutral form, THC; and |
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46 | 45 | | (B) Using a liquid chromatograph technique, which keeps the THCa |
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47 | 46 | | intact. This technique requires the use of the following conversion: [Total THC = |
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48 | 47 | | (0.877 x THCa) + THC]. |
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49 | 48 | | SECTION 4. Tennessee Code Annotated, Section 43-27-202(2)(C), is amended by |
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50 | 49 | | adding the following as new subdivisions (xi) and (xii) and redesignating the existing subdivision |
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51 | 50 | | (xi) accordingly: |
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52 | 51 | | (xi) Tetrahydrocannabiphorol (THCp); |
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53 | 52 | | (xii) Tetrahydrocannabinolic acid (THCa); or |
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54 | 53 | | SECTION 5. Tennessee Code Annotated, Section 43-27-203(a), is amended by adding |
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55 | 54 | | the following as a new subdivision: |
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56 | 55 | | (3) A product containing a substance identified in § 43-27-202(2)(C)(xi)-(xii) that |
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57 | 56 | | is knowingly manufactured, produced, sold, or offered for sale is subject to seizure and |
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58 | 57 | | forfeiture pursuant to § 53-11-451. |
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59 | 58 | | SECTION 6. Tennessee Code Annotated, Section 43-27-207(d)(4), is amended by |
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60 | 59 | | deleting the language and substituting: |
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61 | 60 | | (4) Sample and analyze a hemp-derived cannabinoid product produced, |
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62 | 61 | | distributed, and offered for sale in this state for cannabinoid concentrations, tested |
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63 | 62 | | according to protocols promulgated by rule under this part. Departmental testing must |
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64 | 63 | | be done by post-decarboxylation to determine a cannabinoid profile of samples tested, |
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65 | 64 | | including their THC concentrations. |
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66 | 65 | | |
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67 | 66 | | |
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68 | 67 | | - 3 - 003172 |
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69 | 68 | | |
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70 | 69 | | SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it. |
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71 | 70 | | |
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