Hemp Producer FAQ's

Yes.  A hemp producer license is required per person, per location for any person who possesses rooted hemp or who cultivates cannabis for introduction into commerce, regardless of the quantity.  Tenn. Comp. R. & Regs. 0080-10-01-.03(1)

For more information about obtaining a hemp producer license, please visit Hemp Producer Licensing.

Yes.  A nationwide criminal background check, facilitated through the Tennessee Bureau of Investigation, for the person identified as legally responsible for applicant’s operations is required.  Tenn. Comp. R. & Regs. 0080-10-01.03(2)(h)

The report MUST be based on fingerprints and be dated within 60 days of a hemp producer application being submitted.

For more information about nationwide background checks, please visit FBI Identity History Summary Checks. 

Yes.  Applicants for a hemp producer license must submit all required information on forms provided by the Department.

Required documentation may include:

• Proof of registration in the applicant’s state of incorporation for any formal business entity.
• Any additional information as required by the Department.

Documentation including proof of business entity registration and a Federal Employer Identification Number (EIN) are required as part of the TDA’s hemp producer application. This requirement is in accordance with Tenn. Comp. R. & Regs. 0080-10-01-.03(2)(c) & (i) and 7 C.F.R. § 990.21(a)(3)(i).

Yes.  Hemp producers MUST report hemp crop acreage to FSA annually and within 30 days of new crops being planted.  Tenn. Comp. R. & Regs. 0080-10-01.06(1)(h)

Reports MUST meet all FSA requirements, including:

1. Street address and GPS location of site for each area where hemp will be grown;

2. Total acreage or square footage dedicated to production of hemp; and

3. Licensee’s hemp producer license number           

To locate your local FSA office, please visit USDA Service Center Locator.

No.  TDA does not require soil testing for hemp producers.

If you are interested in soil testing for your operation, please contact the UT Soil, Plant and Pest Center.

Yes. Pesticide products may be used on hemp crops provided that the product label specifically includes hemp and the product is registered for use in Tennessee.

A list of currently registered products is available for review at Chemical Products Approved for Use on Hemp in Tennessee.

No.  TDA does not require the use of certified seeds. Producers are responsible for choosing their propagative material. 

Producers are responsible for sourcing their propagative material.

The sale of agricultural and vegetable seeds in Tennessee is regulated by TDA and requires a license.

Each seed seller who sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of any agricultural or vegetable seeds to farmers, retailers, wholesalers, or any others who use or plant agricultural or vegetable seeds in the state shall obtain a license from the commissioner annually. T.C.A. § 43-10-118

For more information about obtaining a seed seller license, please contact TDA’s Feed, Fertilizer, Grain, and Seed Section at (615) 837-5148 or aginputs.seed@tn.gov. 

A hemp producer license is required per person, per location for any person who possesses rooted hemp or who cultivates cannabis for introduction into commerce, regardless of the quantity.  Tenn. Comp. R. & Regs. 0080-10-01-.03(1)

For more information about obtaining a hemp producer license, please visit Hemp Producer Licensing.

All producers must be inspected by TDA and each variety/grow area must be sampled as described in the USDA Final Rule. Inspections will continue to be done by TDA inspectors at no charge. Inspections may be conducted at any time during regular business hours.   Inspections include any location, licensed by the department, for the purpose of inspecting any cannabis plant, record, or other material as necessary for the efficient enforcement of the Act and this chapter.

Effective 10/31/2025, Tennessee Department of Agriculture will conduct all regulatory sampling and testing for hemp crops in Tennessee.

• The fee for TDA sampling and testing services is $150 per sample.
• Each grow area must be sampled and tested within 30 days of harvest.
• Sampling and testing will be conducted in compliance with Tenn. Comp. R. & Regs. 0080-10-01-.05(3)(a)-(f).
• Hemp crops must have a Total THC concentration of 0.3% or less to be deemed compliant.
• It is the producer’s responsibility to contact TDA at least 30 days prior to their anticipated harvest date to schedule sampling.

The Tennessee Department of Agriculture (TDA) Technical Services Laboratory conducts regulatory testing for all hemp crops grown in Tennessee using High-Performance Liquid Chromatography–Mass Spectrometry (HPLC-MS).

Under TDA’s USDA-approved State Hemp Plan, all hemp samples must be tested using post-decarboxylation methods or other similarly reliable methodologies to determine total THC. Total THC represents the potential concentration of delta-9 tetrahydrocannabinol in a sample after decarboxylation. If the testing method does not include decarboxylation, a conversion factor is applied to calculate total THC. This value is determined by adding the measured THC concentration to the product of the sample’s THCA concentration multiplied by a conversion factor, and it is reported on a dry weight basis, consistent with 7 C.F.R. §§ 990.3(a)(2) and 990.24.

Pursuant to Tenn. Code Ann. § 43-27-105(b), the Department’s testing procedures utilize liquid chromatography tandem mass spectrometry (LC-MS/MS) or a method similarly reliable to post-decarboxylation to determine the cannabinoid profile of tested samples, including their THC concentrations.

Additionally, under Tenn. Comp. Rules & Regs. Chapter 0080-10-01-.02(h), a method considered “similarly reliable to post-decarboxylation” must be capable of quantifying the percentage of THC that would result if carboxyl groups were removed from all THC-containing molecules in the sample. This reliability is demonstrated when the calculated post-decarboxylation THC value equals the sum of the sample’s THC percentage plus the product of its delta-9 tetrahydrocannabinolic acid (THCA) percentage multiplied by 0.877.

Licensed hemp producers whose laboratory test results show a Total THC concentration greater than 0.3% will not be permitted to harvest the lot.

If the initial laboratory test report indicates a Total THC concentration above 0.3%, the Tennessee Department of Agriculture (TDA) will contact the producer and offer the option to have the retained sample material analyzed by the TDA Technical Services Laboratory.

• If the retained sample test shows a Total THC concentration of 0.3% or less, the lot may be harvested and enter commerce.
• If the retained sample test shows a Total THC concentration greater than 0.3% but less than 1%, the producer may choose to dispose of the lot or attempt remediation.
• If the retained sample test shows a Total THC concentration of 1% or higher, the TDA is required under Tenn. Code Ann. § 43-27-106(c) to report the hemp lot to the Tennessee Bureau of Investigation and the United States Attorney General, who will determine the appropriate next steps.

Under 7 C.F.R. § 990.1, remediation is defined as the process of making non-compliant cannabis compliant with federal hemp regulations.

Remediation may occur in two primary ways:

• Removal and destruction of flower material, while retaining the remaining plant parts such as stalks, stems, leaves, and seeds.
• Shredding the entire plant into a biomass-like material and then retesting the shredded biomass to determine whether it meets the legal compliance threshold.

The Tennessee Department of Agriculture’s (TDA) USDA-approved State Hemp Plan adopts by reference the Remediation and Disposal Guidelines for Hemp Growing Facilities, U.S. Domestic Hemp Production Program (issued January 15, 2021). These guidelines outline the approved remediation methods, as well as the sampling and testing requirements for remediated crops to verify compliance with the Total THC limit of 0.3% or less.

Producers who wish to remediate a non-compliant hemp lot must first submit a remediation plan proposal to TDA for review and approval. The proposal must clearly describe the proposed remediation actions and explain how they will comply with the Remediation and Disposal Guidelines for Hemp Growing Facilities, U.S. Domestic Hemp Production Program (issued January 15, 2021).

After TDA receives the remediation proposal, the Department will contact the producer to discuss the next steps.

If your hemp lot exceeds the allowable Total THC limit and you choose not to pursue remediation, the lot must be disposed of.

Under 7 C.F.R. § 990.1, disposal is defined as an activity that converts non-compliant hemp into a non-retrievable and non-ingestible form. Acceptable disposal methods include:

• Plowing, tilling, or disking plant material into the soil
• Mulching, composting, chopping, or bush mowing plant material into green manure
• Burning plant material
• Deep burial of plant material.

The Tennessee Department of Agriculture (TDA) USDA-approved State Hemp Plan incorporates by reference the Remediation and Disposal Guidelines for Hemp Growing Facilities, U.S. Domestic Hemp Production Program (issued January 15, 2021), which outlines the approved disposal methods.

All hemp lot disposals must be witnessed by a TDA representative and conducted in accordance with the Remediation and Disposal Guidelines for Hemp Growing Facilities, U.S. Domestic Hemp Production Program (issued January 15, 2021).

Yes.  TDA encourages self-monitoring of hemp crops. 

Producers are responsible for sourcing a third-party laboratory to perform testing for self-monitoring samples.

NOTE:  Third-Party laboratory test results do not replace regulatory sampling and testing conducted by TDA in compliance with Tenn. Comp. R. & Regs. 0080-10-01-.05(3)(a)-(f).

To submit a harvest report, please log into TDA’s secure online portal.